Canadian Illegal?

[HotPepper 0]

Hi, I'm new to this site, and feel like I'm about to give up and go back to Canada. I was married to a U.S. citizen, and we married in the U.S. in 2005. We lived in Canada together, until such time I was retired and could move down here. In 2008, we moved down here, with me having a k1 visa. Through my stupidity, I did not apply for permanent residency right away...money was tight then, and I figured I had 2 years to apply, so....no rush. Marriage did not work out, and when it came time to file, she would not sign the permanent resident papers. We own a house together, although I don't live in it.

I got some legal advice, and was told to not let the visa lapse, and go back to Canada. All my stuff was in U.S. storage, packed a bag, and went to Canada. Stayed 3 months, got my license, ohip etc, back in order, and came back down here, as we were still selling the house, and as of yet had not been divorced. I have been here ever since. We got divorced 8/15/11, but the house still has not sold....and I need that money to get another house, somewhere! I feel like a criminal, but also feel I need to keep an eye on my assets. I am wondering about this I-751, if that could apply to me? ANY help would be appreciated!

[canadian_wife 1,785]

You were never a permenant resident so you cannot file the I751 to remove conditions of a resident.

Sorry, you are a visitor and must return to Canada. Failing to file your paperwork has left you with the status of a 'tourist' and nothing more

good luck

[HotPepper 0]

I was afraid of that. What would happen if I re-married a U.S. citizen while I was here? Would that have any bearing on whether or not I could stay?

[Darnell 8,478]

Since you came in on a K-1 visa and DID NOT ADJUST STATUS with that spouse,

you cannot adjust status with another spouse, in the USA.

A 'new spouse' can file for a visa for you, going through consular processing, through.

[canadian_wife 1,785]

You aren't divorced yet and thinking about remarrying a USC to stay?

If that sounds sticky to me it would sound sticky to an immigration official.

But you have to follow your heart. Remember, marrying a USC does not give you any rights. The paperwork must still be filed.

good luck

[Alaska2012 462]

How could you enter on a K1 if you were married?

[Penguin_ie 5,984]

With you mentioning the 2 year thing and being married, are you sure you did not have a K3 spousal visa?

The K1 is a fiance visa for unmarried people.

[HotPepper 0]

With you mentioning the 2 year thing and being married, are you sure you did not have a K3 spousal visa?

The K1 is a fiance visa for unmarried people.

You may be right!

Btw....I would not marry anyone, just for the sake of staying here. I gotta wait till my house sells, so..just thought if I met somone, it it would change anything? IF by chance I did msrry.....I could stay here and she could file for me? I don't think anything sounds fishy....been here going on 2 years now, not an unreasonable time to get in a relationship!

[VanessaTony 3,567]

You may be right!

Btw....I would not marry anyone, just for the sake of staying here. I gotta wait till my house sells, so..just thought if I met somone, it it would change anything? IF by chance I did msrry.....I could stay here and she could file for me? I don't think anything sounds fishy....been here going on 2 years now, not an unreasonable time to get in a relationship!

Okay it sounds like you have a K3 visa. That's for married people. It gives you the freedom to go in and out. What is the expiry date on the K3?

You didn't file for AOS on a K3, and you're no longer married. I'm not sure whether that invalidates the K3. I'm also not sure if the K3 (like the K1) only lets you AOS to your original petitioner.

First things first though - what's the expiry date?

[HotPepper 0]

Okay it sounds like you have a K3 visa. That's for married people. It gives you the freedom to go in and out. What is the expiry date on the K3?

You didn't file for AOS on a K3, and you're no longer married. I'm not sure whether that invalidates the K3. I'm also not sure if the K3 (like the K1) only lets you AOS to your original petitioner.

First things first though - what's the expiry date?

Well, definitely K-3, issued Sept, 2009, I am pretty sure it was only good for 2 years

[VanessaTony 3,567]

Well, definitely K-3, issued Sept, 2009, I am pretty sure it was only good for 2 years

Okay new question. You said you went back to Canada for 3 months and then came back to the US. When you re-entered, was this prior to it's expiration? What was put in your passport when you entered that most recent time, if anything?

[HotPepper 0]

Okay new question. You said you went back to Canada for 3 months and then came back to the US. When you re-entered, was this prior to it's expiration? What was put in your passport when you entered that most recent time, if anything?

No stamp, a couple questions and waved thru.

[VanessaTony 3,567]

No stamp, a couple questions and waved thru.

When was it though? Was it before the K3's 2 years were up? What I'm trying to figure out is if you still entered as a K3 or whether they put you through as a regular Canadian visitor.

[HotPepper 0]

When was it though? Was it before the K3's 2 years were up? What I'm trying to figure out is if you still entered as a K3 or whether they put you through as a regular Canadian visitor.

No it was actually after it expired, by a couple weeks.I had thought you mean't coming back to the U.S. When I went back to Canada, I only took my dog, and my suitcase.....customs wanted to know where all my stuff was. I just told them that it is still in storage in Alabama. So, I'm guessing I was back as a citizen.

[Harsh_77 716]

Dude open your passport and read exactly wht type of visa you had in first place.

Someone said you might have K3 and you are like ooohh yea it maybe K3.

You were back as what citizen?

My guess is they let u in as a CA tourist, nothing else.