Canadian, what's my status ?

[Harpa Timsah 13,260]

I am not really understanding what is your problem and what you actually really want to do. If your boyfriend overstayed IN CANADA but you guys are happy in Canada, you guys could get married in Canada and if possible (don't know) do AOS for HIM so that he can stay in Canada. However, if you are desperate to move the US and live in the US then no one gives a hoot about how your boyfriend's status was in Canada. He is leaving that country and he is USC who is going home. The United States does not give a dang whether he was illegal there, or his status expired, or he still has a nice good status. So at this point it is up to you what you really want to do....

Um, you think that Canada has identical rules to the US for immigration? :S

OP: The US gov won't care that he overstayed in Canada, but Canada might. Also, you will need a financial co-sponsor because your fiance has no US income.

[AnotherLostSoul 167]

Um, you think that Canada has identical rules to the US for immigration? :S

OP: The US gov won't care that he overstayed in Canada, but Canada might. Also, you will need a financial co-sponsor because your fiance has no US income.

No, I don't think that...that's why I wrote "don't know" in parentheses...

[bsd058 296]

Canada has similar rules (but they differ). My wife came to Canada to become a permanent resident. The difference is that Canada doesn't care as much about letting an American across the border with the intention of immigrating with CIC (Canadian Citizenship & Immigration). I know this because I brought my wife across the border with the intention of her immigrating (we were up front with border partrol and everything) and they gave her a visitor record which allowed her to stay for 6 months (at which time we were able to extend the stay for another 6 months because we still hadn't submitted the immigration paperwork) and she was okay until immigration was completed. As long as you send the paperwork in before your spouse's current paperwork is expired they have "implied status" with CIC. But if you don't they are out of status and can be deported. You can call CIC to see if there is a way he can regain status. There might be a way.

These are Canadian rules, though.

If you overstay in America, you could be banned if you try to visit Canada and re-enter America. If you overstay and do not leave America, once you have adjusted status, they will forgive your overstay.

Edited April 4, 2013 by bsd058

[NinaD 6]

For the OP, I also found this thread: http://www.visajourney.com/forums/topic/422952-visa-waiver-program/

This person is from Ireland, and wondered the same thing as you. Could her BF come to the USA on a visitor visa, get married, and then do AOS. She is having the same questions as you.

One thing to remember is that you guys will have to be able to show that he has income enough to support you when you come to the States. If your BF does not have a job, or has not had a job in a while, then you will need a co-sponsor.

Good luck in your journey.

[ValerieA 350]

OK, so yeah, you can't plan on coming here and AOSing. K-1 or CR-1 are your options. I have a question I am hoping more informed members of our community may have the answer to - although USCIS does not care about him overstaying in Canada, will they care that he has been living there and not in the US? Basically, is presence in the US a requirement of the USC for non-DCF? I will keep researching this, but I'm sure someone here already knows the answer.

[Teddy B 17,252]

OK, so yeah, you can't plan on coming here and AOSing. K-1 or CR-1 are your options. I have a question I am hoping more informed members of our community may have the answer to - although USCIS does not care about him overstaying in Canada, will they care that he has been living there and not in the US? Basically, is presence in the US a requirement of the USC for non-DCF? I will keep researching this, but I'm sure someone here already knows the answer.

For the USC to simply re-enter the states after staying in Canada, no it doesn't matter at all about his/her overstay in Canada. But if the OP is going to attempt to immigrate to the US either through a K1 fiance visa or CR-1 spousal visa, the USC would have to first establish domicile in the US before any visa would be given to the non-USC. Financial support either by the USC or a sponsor would also be required for a visa to be issued.

To the op, there is plenty of information on establishing domicile(residence) in the Canada forum.

[Starburst 4]

Hi,

You can enter the States for 6mo. at a time as a visitor. It is called a B-2 visa and is issued at the port of entry. Once the 6mo. is up you must return to Canada or you will have overstayed your visa and that can be big trouble down the road if you decide to emigrate as a wife or fiancee. Even if you marry while you are in the States while on a B-2 visitor visa you cannot do AOS. You must file the I-130 and wait to be approved as if you were still in Canada. I just went through the whole process and it took a year. I entered the States as a visitor and got married, we applied for a CR-1 visa with the I-130 application. When my 6mos. visitor time expired I had to go back to Canada and wait for the application to be approved. Once the application was approved I went to Montreal for the final processing (medical and interview).

Anyway, to answer your question. You can't do AOS. You don't need a visa to enter as a visitor since they issue it at the border when you enter the USA. If you do decide to do this don't tell the custom agent that you are going to the States to get married to an American, chances are they won't let you in as they might consider that a reason for you not to leave again (immigration fraud). Whatever you do, make sure that you are not in the States for over 6mos. at a time.

Also, during the processing time you can visit the USA. What I did was go back to Canada for two months after I got married, and then went back to the States to visit in the summer, then I went back to Canada for four months, then I went back to visit for five months. So I was able to visit my husband a lot during the year that we waited for the application to be approved. What I would suggest is entering the USA on your B-2 6mo. visa and getting married very shortly after you enter. Apply for the CR-1 visa RIGHT AWAY, then you can wait in the States for a lot of the approval time. But go back to Canada before that B-2 expires.

Hope this helped.

This is actually not true, as far as I know.

I am Canadian, and went to visit my husband in the US. During that time, we randomly decided to get married. We adjusted status two months after getting married, and had no problems.

You don't HAVE to leave the US once you get married if you decided to do it after you get there. That's not illegal. It's entering with the plan of getting married that's illegal.

So be careful telling people they only can do a CR-1 visa, because it's not necessarily true if they decided to get married during a visit, and it was unplanned.

[ValerieA 350]

This is actually not true, as far as I know.

I am Canadian, and went to visit my husband in the US. During that time, we randomly decided to get married. We adjusted status two months after getting married, and had no problems.

You don't HAVE to leave the US once you get married if you decided to do it after you get there. That's not illegal. It's entering with the plan of getting married that's illegal.

So be careful telling people they only can do a CR-1 visa, because it's not necessarily true if they decided to get married during a visit, and it was unplanned.

adjusting status. Intending to get married in the US is not illegal, many do it in places like Vegas and Hawaii every day. Entering on a visitor visa with the intent of immigrating is what is illegal. to the rest of what you wrote!

[NinaD 6]

So be careful telling people they only can do a CR-1 visa, because it's not necessarily true if they decided to get married during a visit, and it was unplanned.

When the OP states that the intention of their visit is to marry, then it IS true that they cannot (or at the least SHOULD NOT) do AOS. I think you'll see that I corrected myself in a later post, stating that if they had gotten married "on a whim" then they could do AOS. HOWEVER, they still should plan on being asked by immigration if there was intent. They should have "proof" that it was unplanned. ie. have a return ticket, car in Canada, residence in Canada etc... Many people come to the USA and marry, do AOS and are never asked about the intent, so they don't have any trouble. Others have been banned for marrying and not being able to show that it was unplanned. So we should also be careful of just telling people that it is okay to do AOS.

[ValerieA 350]

When the OP states that the intention of their visit is to marry, then it IS true that they cannot (or at the least SHOULD NOT) do AOS. I think you'll see that I corrected myself in a later post, stating that if they had gotten married "on a whim" then they could do AOS. HOWEVER, they still should plan on being asked by immigration if there was intent. They should have "proof" that it was unplanned. ie. have a return ticket, car in Canada, residence in Canada etc... Many people come to the USA and marry, do AOS and are never asked about the intent, so they don't have any trouble. Others have been banned for marrying and not being able to show that it was unplanned. So we should also be careful of just telling people that it is okay to do AOS.

A. It is still fine to come here with the intent to marry. If circumstances change, then yes, the person can stay and AOS. They never had intention to adjust status when crossing the border, and the border guard (who makes the final determination) decides if he feels they have intent or not. If he/she thinks they have intent, they are not allowed in,. If they are allowed in, then they did not have intent.

B. I have asked this of posters before. I want to see proof of "Others have been banned for marrying and not being able to show that it was unplanned.". I have not seen one instance of this, in fact intention can NOT be used as a reason to deny, there must be other significant negative factors in the case.

ETA: I presume you meant that "Others have been banned for ADJUSTING STATUS and not being able to show that it was unplanned."

Edited April 6, 2013 by ValerieA

[Starburst 4]

A. It is still fine to come here with the intent to marry. If circumstances change, then yes, the person can stay and AOS. They never had intention to adjust status when crossing the border, and the border guard (who makes the final determination) decides if he feels they have intent or not. If he/she thinks they have intent, they are not allowed in,. If they are allowed in, then they did not have intent.

B. I have asked this of posters before. I want to see proof of "Others have been banned for marrying and not being able to show that it was unplanned.". I have not seen one instance of this, in fact intention can NOT be used as a reason to deny, there must be other significant negative factors in the case.

ETA: I presume you meant that "Others have been banned for ADJUSTING STATUS and not being able to show that it was unplanned."

I did not need any proof to prove it was unplanned. I had no return ticket (cause we didn't know when exactly I was going back), nor job back home. I lived in my parents basement at the time. I was on leave from school.

The never questioned it, nor asked for proof.

[ValerieA 350]

I did not need any proof to prove it was unplanned. I had no return ticket (cause we didn't know when exactly I was going back), nor job back home. I lived in my parents basement at the time. I was on leave from school.

The never questioned it, nor asked for proof.

I know. I had 2 huge suitcases and my cat, and had given up my job and apartment because I was planning on staying for 6 months. I was not asked about intent, either. I was asked about it when at Pearson to catch my flight to the US, of course, but I satisfied the border guard that my intent was to return and finish my CR-1 processing.

[Teddy B 17,252]

I did not need any proof to prove it was unplanned. I had no return ticket (cause we didn't know when exactly I was going back), nor job back home. I lived in my parents basement at the time. I was on leave from school.

The never questioned it, nor asked for proof.

You were very fortunate to be allowed into the US with no return ticket or sufficient ties to Canada. My wife (then my girlfriend) was denied entry into the US at one time because of no return ticket. I had gone to visit her for a week in Windsor, and she was to fly home with me and stay for 1 or 2 months depending on how things went with us. Once the POE officer found she had no return ticket, she was denied entry. I even offered to get on my laptop and by one right on the spot, but they refused. I ended up eating a $600 plane ticket and flying home next to an empty seat. Not pleasant.