Canadian Girlfriend coming for a visit, had problems crossing before...

[northerncalirob 0]

Hello,

I am writing on behave of my Canadian girlfriend who is coming to visit me in about 2 weeks. we want to hear what people have to say about our situation. here is some background, she is a 24 year old woman who started coming to the states about 2 years ago, while traveling. she had no problem the first time coming. when she wanted to come the next time, after only spending 2 months back in canada, and crossing on land, she was denied. they said she didn't have enough money for the time she was planning on spending in the states. she was told to produce facts that she lived in canada, lease, job, etc. she was told she was red flagged as well in the system. well, she went back home, got paperwork together and went to cross again. she was let in, but given a verbal warning to leave when her ticket said she would leave, which was 3 weeks. she stayed longer, because there was no stamp in her passport and it was just a verbal scare tactic it seems. she stayed for 4 months and when she returned to canada after the 4 month stay no one said anything, all was fine, which was the last time she was in the states. now, this time, she has been living in canada, renting and working for over 6 months now and wants to come for a visit in a few weeks. question: is there anything to worry about? should she still bring with her documentation, like her lease, pay stubs, etc? any advice, any issues anyone sees, anything you can tell us would be helpful. thank you

[bestest 1]

You certainly have to becareful about crossing and not taking it lightly. "No one said anything" when she came to Canada because she didn't encounter a US CBP officer. It is very likely it was more than just a scare tactic and they will see that you over stayed. This will certainly raise big red flags. That being said, She will still most likely be able to pass through the border, if she shows proof of strong ties to Canada.... Lease,Job, Bank accounts, doctors apointments,bills. It really depends on the CBP officer, But certainly don't take it lightly.

[Harpa Timsah 13,258]

Yeah, she effed up by not leaving on time. Of course no one said anything - we don't have exit immigration in the US.

[Boiler 43,430]

Interested to hear what happens.

[northerncalirob 0]

just to be clear, she didn't overstay the visa, which is 6 months, she stayed longer than the 2 weeks her plane ticket was for, and there was no stamp, what so ever in her passport concerning a date to exit, which is customary, i believe. thanks for the replies, hope to hear from more of you.

[bestest 1]

just to be clear, she didn't overstay the visa, which is 6 months, she stayed longer than the 2 weeks her plane ticket was for, and there was no stamp, what so ever in her passport concerning a date to exit, which is customary, i believe. thanks for the replies, hope to hear from more of you.

We understood that. It could be that they did not record that you were supposed to leave early. But it is a very iffy situation.

IMO she should put together TONS of proof of ties to Canada and try to cross. Most likely she will be fine. But she should be ready to get denied. Which, by the way, is not a big deal. It just means that they don't let you into the country then.

I am a Canadian with a USC spouse. I crossed the border and was denied because I didn't have proof of ties. The next day I went through the border succesfully with all neccessary papers.

[northerncalirob 0]

We understood that. It could be that they did not record that you were supposed to leave early. But it is a very iffy situation.

IMO she should put together TONS of proof of ties to Canada and try to cross. Most likely she will be fine. But she should be ready to get denied. Which, by the way, is not a big deal. It just means that they don't let you into the country then.

I am a Canadian with a USC spouse. I crossed the border and was denied because I didn't have proof of ties. The next day I went through the border succesfully with all neccessary papers.

thanks for your reply. she has all of her proof together, lease, pay stubs, bills, bank acct. we just want a little further clarity, from your point of view, concerning her last visit, the one where she had a 2 week round trip plane ticket and ended up staying around 4 months before returning to canada, where she has been living and working for the last 6 months. the last time through the officer told her that she should return to canada in 2 weeks but didn't stamp anything indicating that in her passport, nor was she given a separate form stating so. she was going to return but as we looked into it, and posted in this forum, people tols us that the officer would have had to either stamp her passport stating such or have given her a form that would have needed to be signed above exiting the country at the two week mark, both of which she didn't have, just the verbal statement, which people said is often a scare tactic but not binding...what are your thoughts on that? her proof this time around is perfect, legit, etc. and it has been well over 6 months since she crossed last... thanks for your insights.....we just want to be as best informed as possible for her next crossing.

[canadian_wife 1,791]

MY thoughts?!?!? It might matter. Who knows what was put into the computer.

But even if she is asked about it, it seems like she has a lo of ties to Canada

good luck

[MacUK 983]

I'd say myself that it was a pretty risky gamble to take, basing the future of your girlfriend being able to visit on what some people told you.

It may be that something was added on computer to the record of your girlfriend entering that she would be gone within a set period and you decided to ignore them. I made the mistake myself many years ago of not taking the US border rules seriously.

I've not been able to go back for the last 10 years and don't know if I ever will be able to get back, even for a vacation.

[NikLR 13,220]

She should remember that she can spend up to 180 days per 365 (not per calendar year) in the USA. Also if the CBP says to say XX days, just stay XX days. I'm not sure why anyone would want to play around with this at all.