Canadian Illegal?

[TBoneTX 43,124]

*** Thread moved from Effects of Major Changes and then returned to that forum. ***

Edited January 7, 2013 by TBoneTX

[HotPepper 0]

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.

I doubt it....went thru secondary inspection.

Regardless....the visa is expired, and I am here illegally. I had asked if I remarried would have any effect, or would I still need to return to Canada?

[LIFE'SJOURNEY 970]

Since you do not wish to answer the question regarding what type of visa, it only leaes one option you can in as a tourist. You will need to return to your country that you holds a passport with, and have your financee or wife to apply for a vali visa for you.

[HotPepper 0]

Since you do not wish to answer the question regarding what type of visa, it only leaes one option you can in as a tourist. You will need to return to your country that you holds a passport with, and have your financee or wife to apply for a vali visa for you.

It was a K-3....sorry, thought I answered that.

[canadian_wife 1,791]

It was a K-3....sorry, thought I answered that.

You are a tourist, you must leave and return to Canada. You aren't divorced yet so repetitioning isn't an option.

good luck

[HotPepper 0]

I am divorced.....that is how I got into this mess, because she would not sign the papers for permanent residents.

[canadian_wife 1,791]

I am divorced

Sorry, I misread

Do you have someone to petition for you? You should return regardless. You look desperate to stay in the US

Good luck

[HotPepper 0]

Sorry, I misread

Do you have someone to petition for you? You should return regardless. You look desperate to stay in the US

Good luck

Lots of people would petition for me, but, does it not need to be a spouse?

[LIFE'SJOURNEY 970]

I think you have been given that information in previous posts.

USC can only petition, a finance, spouse,children, parents or siblings. Which one are you?

Edited January 6, 2013 by LIFE'SJOURNEY

[HotPepper 0]

I think you have been given that information in previous posts.

USC can only petition, a finance, spouse,children, parents or siblings. Which one are you?

At the moment, none of the above!

[VanessaTony 3,567]

I doubt it....went thru secondary inspection.

Regardless....the visa is expired, and I am here illegally. I had asked if I remarried would have any effect, or would I still need to return to Canada?

Here's the thing. I *think* you were admitted as a visitor, but without you having a stamp in your passport it's hard to know for sure. However I don't think the K3 has the same restriction of a K1 (that is AOS ONLY based on marriage to the original petitioner).

If you were re-admitted as a K3:

1. and it does have that restriction, then you can't AOS by marriage to anyone else so you're SOL.

2. and it DOESN'T have that restriction, then you could in theory marry another USC and try and AOS thanks to marriage to them. Of course your marriage would be under scrutiny because you are in the US on a K3, never AOSd based on the marriage... etc etc

If you were re-admitted as a visitor then you could marry another USC and AOS thanks to marriage as #2 above.

Basically right now it's likely you're out-of-status and accumulating overstay. Leaving the US would result in a ban and per your OP you don't want to leave because you want to keep an eye on your asset.

You said you divorced in 2011. How was the house separated? Was it supposed to be sold and then the profit divided? Who is on the mortgage (if there is one)? Could you get her to re-mortgage the house and pay you out your share so that she can deal with the sale? Or vice-versa (though your lack of status I doubt you'd get a mortgage)? Have you talked about reducing the price to make it sell? So long on the market isn't good. Are you at least renting it out so that you get some sort of income instead of losing money?

[HotPepper 0]

Here's the thing. I *think* you were admitted as a visitor, but without you having a stamp in your passport it's hard to know for sure. However I don't think the K3 has the same restriction of a K1 (that is AOS ONLY based on marriage to the original petitioner).

If you were re-admitted as a K3:

1. and it does have that restriction, then you can't AOS by marriage to anyone else so you're SOL.

2. and it DOESN'T have that restriction, then you could in theory marry another USC and try and AOS thanks to marriage to them. Of course your marriage would be under scrutiny because you are in the US on a K3, never AOSd based on the marriage... etc etc

If you were re-admitted as a visitor then you could marry another USC and AOS thanks to marriage as #2 above.

Basically right now it's likely you're out-of-status and accumulating overstay. Leaving the US would result in a ban and per your OP you don't want to leave because you want to keep an eye on your asset.

You said you divorced in 2011. How was the house separated? Was it supposed to be sold and then the profit divided? Who is on the mortgage (if there is one)? Could you get her to re-mortgage the house and pay you out your share so that she can deal with the sale? Or vice-versa (though your lack of status I doubt you'd get a mortgage)? Have you talked about reducing the price to make it sell? So long on the market isn't good. Are you at least renting it out so that you get some sort of income instead of losing money?

Ok, yes, passport was stamped when I entered Canada in 2010. The house is for sale, she is in it, reduced price already. market is terrible.