Question on Overstay

[cdn_paige 0]

Hello All! New to the forum and looking for insight - thanks in advance.

I am a Canadian, married to an American citizen. We have filled a i-130 and I came to visit my husband. I have overstayed my 6 months, by about 1 month. I am going to go back to Canada to wait out the rest of the process, but I'm wondering if I will get in trouble for the month I've overstayed? I read a couple places that I'm best to stay and request an AOS? Or should I just go back, wait out the process and come when I have my visa? I read somewhere that you can be banned for 10 years for overstay? Is that for someone that overstayed by a while or does even a month get you in big trouble? I'm just really worried now because of it being over the 6 months. I only overstayed because I had car troubles and had to deal with a few things before being able to drive my car back... Any insight is much apprecaited - thank you!!

[NigeriaorBust 4,087]

You will not have issues at the interview but you won't be able to visit again before the visa

[Mark88 185]

We have filled a i-130 and I came to visit my husband. I have overstayed my 6 months, by about 1 month. I am going to go back to Canada to wait out the rest of the process, but I'm wondering if I will get in trouble for the month I've overstayed?

You will be able to file an I-130, but might not be able to enter the US with your current visa. If you're lucky the overstay won't be flagged in the USCIS system, but I wouldn't count on it. Since you're overstay was less than 180 days the repercussion are minimal: http://www.nolo.com/legal-encyclopedia/i-overstayed-week-can-i-return-the-us-the-visa-waiver-program.html

I read somewhere that you can be banned for 10 years for overstay? Is that for someone that overstayed by a while or does even a month get you in big trouble? I'm just really worried now because of it being over the 6 months

Yes, but your overstay must have been much longer inable to get a 10 year bar from the US.

I only overstayed because I had car troubles and had to deal with a few things before being able to drive my car back...

The reason does not matter at all. An overstay is an overstay for USCIS no matter the circumstances.

[cdn_paige 0]

Thanks for the responses and the lawyer website, I had been googling but wasn't finding much, so thank you!

Does it make any difference that when I entered the US I was not told anything specifically of how long I could stay? No stamp, no questions, I just drove through and literally all the officer said to me was 'have a nice day' I have a Nexus card.

Edited November 3, 2013 by cdn_paige

[Hypnos 6,579]

Canadian tourists enter under the equivalent of a B-2 visa with the extra bonus that it works like an F-1 "D/S", so Canadian visitors do not accumulate overstay until either an immigration judge makes such a determination or USCIS themselves determine it during the adjudication of another benefit for that Canadian.

In this situation there is no overstay since neither of those two things have happened.

Edited November 3, 2013 by Hypnos

[NikLR 13,234]

There will be no repercussions as you didn't overstay long enough for there to be any. You can try to visit again if you so choose to do so, remember each crossing is different. Best of luck to you

[cdn_paige 0]

Thank you all SO MUCH! I was starting to freak out a little thinking I'd never be allowed back in I'll just be praying this journey doesn't take forever! Filed in April, c'mon NOA2!!! Thanks again!

[Harpa Timsah 13,260]

If you are in the US now then you should file a I-485 package. Why wouldn't you do this?

[cdn_paige 0]

If you are in the US now then you should file a I-485 package. Why wouldn't you do this?

I only found out about this option recently and had already overstayed my time. I am affraid I will not get approved due to overstaying or them thinking I planned to do this, which I did not. I just wanted to visited my husband while we waited. I'm really nervous to cross back - I'm worried Canada will hold me for questioning and the US will not let me back in until my visa. This just sucks. I'd love to stay and do the I-485, but I don't think I can?

[Harpa Timsah 13,260]

I only found out about this option recently and had already overstayed my time. I am affraid I will not get approved due to overstaying or them thinking I planned to do this, which I did not. I just wanted to visited my husband while we waited. I'm really nervous to cross back - I'm worried Canada will hold me for questioning and the US will not let me back in until my visa. This just sucks. I'd love to stay and do the I-485, but I don't think I can?

You can. Overstay is irrelevant for AOS (for spouses of USCs). It seems like the best option at this point from what you have told us.