Need Advice and Peace of Mind

[Kaelynath 0]

Greetings, VJ.

I hope you all don't mind if I tell you a little bit of a story, and perhaps I might be able to get some sort of guidance from those who might have experienced what I have themselves. I'm about to begin the process of a K-1 Visa with my fiancee and we're both rather nervous about it, as our past 5 years and the rest of our lives hinge upon this. But here goes...

So, back when I was only one, my mother and I left for the United States when she married an American and became a Permanent Resident. Given my young age, I also became one (either automatically or by her) for the time that she was there. They separated about 3 or 4 years later and my mother then moved back to Canada. Though I still had possession of my Social Security Number. Now, on April 15th 2010 after having an online relationship with my (now) fiancee I decided to go and visit her, the visitation which then turned into a stay that lasted until last August. As I was under the impression that I was still welcome to do so and was still a Permanent Resident.

While there I worked, all entirely over the table. Each with jobs that required a verification of my ability to work. I paid and filed my taxes each year and I registered to vote, several things that I thought one can only do if they are a permanent resident. It wasn't until I started a new job at LEGO that an e-verify file came back saying that my social was invalid or had expired, and that's when I started investigating it and learned that my status was revoked in 1994 following my mother's departure. Now, I'm a law-abiding person. I didn't want to cause problems with the US Government and thus took my own leave to go back to Canada and return properly without being deported or getting any sort of 'red flag' on my passport.

That all went well, and since August I've been working on getting back down to be with the woman of my dreams, the reason for my happiness. Each day just feels harder and harder as I don't feel feel like I belong in my home country anymore. That the United States is where I belong. Though I find myself worrying that my 'overstay' might jeopardize the K-1 Visa and cause problems despite that the USCIS, DHS and even Border Patrol have told me that it's a relatively common mistake. Has anyone had an issue like mine? What problems did it cause if it did cause any, and how did you get around them?



And as a last note, I've been looking into something called 'tnvisaexpert.com' as they offer a streamlined system at a decent pricetag where they submit everything, counsel you on the entire thing and make sure that you will get approved. I've found that they've existed for around 10 Years and have an A+ rating with the BBB. But I still want to know if anyone else here has used them and if they can be trusted, and are reliable? Because both my fiancee and I would love the peace of mind to have people with their credentials and experience handling this.

Thank you so much for your time, and I apologize of the text wall.

- Kyle

[nightingalejules 678]

Greetings, VJ.

I hope you all don't mind if I tell you a little bit of a story, and perhaps I might be able to get some sort of guidance from those who might have experienced what I have themselves. I'm about to begin the process of a K-1 Visa with my fiancee and we're both rather nervous about it, as our past 5 years and the rest of our lives hinge upon this. But here goes...

So, back when I was only one, my mother and I left for the United States when she married an American and became a Permanent Resident. Given my young age, I also became one (either automatically or by her) for the time that she was there. They separated about 3 or 4 years later and my mother then moved back to Canada. Though I still had possession of my Social Security Number. Now, on April 15th 2010 after having an online relationship with my (now) fiancee I decided to go and visit her, the visitation which then turned into a stay that lasted until last August. As I was under the impression that I was still welcome to do so and was still a Permanent Resident.

While there I worked, all entirely over the table. Each with jobs that required a verification of my ability to work. I paid and filed my taxes each year and I registered to vote, several things that I thought one can only do if they are a permanent resident. It wasn't until I started a new job at LEGO that an e-verify file came back saying that my social was invalid or had expired, and that's when I started investigating it and learned that my status was revoked in 1994 following my mother's departure. Now, I'm a law-abiding person. I didn't want to cause problems with the US Government and thus took my own leave to go back to Canada and return properly without being deported or getting any sort of 'red flag' on my passport.

That all went well, and since August I've been working on getting back down to be with the woman of my dreams, the reason for my happiness. Each day just feels harder and harder as I don't feel feel like I belong in my home country anymore. That the United States is where I belong. Though I find myself worrying that my 'overstay' might jeopardize the K-1 Visa and cause problems despite that the USCIS, DHS and even Border Patrol have told me that it's a relatively common mistake. Has anyone had an issue like mine? What problems did it cause if it did cause any, and how did you get around them?

And as a last note, I've been looking into something called 'tnvisaexpert.com' as they offer a streamlined system at a decent pricetag where they submit everything, counsel you on the entire thing and make sure that you will get approved. I've found that they've existed for around 10 Years and have an A+ rating with the BBB. But I still want to know if anyone else here has used them and if they can be trusted, and are reliable? Because both my fiancee and I would love the peace of mind to have people with their credentials and experience handling this.

Thank you so much for your time, and I apologize of the text wall.

- Kyle

Hi Kyle, and welcome.

There may be some issues with your process, although nothing you can't overcome, especially since you left of your own volition, without immigration knowing anything about it.

You probably would be best advised to consult with an immigration lawyer, since you may need a waiver for the overstay (or you may not, given that it might not ever show up on a search- I don't know)

I'd hesitate to go with any of those "visa service" sites... seems a little fishy, even though it looks like you've done your research. I'd want to talk to a human lawyer as soon as possible, to find out whether or not you'll need any waivers. If you don't, then I'd suggest you just do the paperwork yourself and save the money. If it's a straightforward K1 petition, you can totally do it yourself. Visa Journey has lots of forums to ask questions about the basic forms.

But if you do need waivers or there are other complications, a lawyer will be necessary, since the advice you get on Visa Journey is basically only good for the straightforward applications.

Best of luck!

[Kaelynath 0]

That's what looks so good about the TNVisaExpert people. I've already spoken with a real person about the entire thing. During the entire process their legal team works alongside of me to be sure it's all good and properly done. Apparently in all of their time operating they haven't had a single 'Denial' and if there's a possibility of one they will just refund me the cost and direct me toward a full-fledged Immigration Lawyer. I guess that's what's enticing about it, is that it's a (likely) win if they decide to take us up on it, and if not then I don't lose anything.

I know that it's supposed to be easy to do, and I hate to speak in cliche but with the way things have been going I don't want to take chances of messing something up. And when things can go wrong for me, they often do. It's hard enough being apart for so long already. =(

Congratulations on the marriage by the way, Jules.

[Harpa Timsah 13,259]

The overstay is not a huge problem, because you can get a waiver for it. But registering to vote is a HUGE problem. Voting is ONLY for US Citizens. Even if you thought you were still a LPR you were not eligible to vote. A false claim to US Citizenship, which you did by registering to vote, gives you a lifetime unwaiverable ban from the US.

I am sorry to be the bearer of bad news, but I would get an excellent attorney to look at your options, and consider having your SO move to Canada.

There is some leniency for people whose parents were USCs and who really believed they were also USCs, but your parent was never a USC and you did not believe you were one either. Therefore, I don't think you qualify.

Edited February 17, 2014 by Harpa Timsah

[Kaelynath 0]

The overstay is not a huge problem, because you can get a waiver for it. But registering to vote is a HUGE problem. Voting is ONLY for US Citizens. Even if you thought you were still a LPR you were not eligible to vote. A false claim to US Citizenship, which you did by registering to vote, gives you a lifetime unwaiverable ban from the US.

I am sorry to be the bearer of bad news, but I would get an excellent attorney to look at your options, and consider having your SO move to Canada.

There is some leniency for people whose parents were USCs and who really believed they were also USCs, but your parent was never a USC and you did not believe you were one either. Therefore, I don't think you qualify.

I called the Border about this concern a few months ago, and they were able to confirm that I have no red flags on my Passport. And I even specified that I had registered to vote. That being said, I didn't end up voting. Merely signed up to be able to do so. And that was after the RMV confirmed that I was eligible to sign up for it and pretty well suggested that I do so while I was updating my State ID.

Edited February 17, 2014 by Kaelynath

[Hypnos 6,579]

As Harpa said, your (biggest) issue isn't the overstay but is instead the false claim to US citizenship by registering to vote. To register to vote you must assert that you are a US citizen, and falsely claiming to be a US citizen renders you permanently inadmissible to the US and has no waiver available.

Then you have your overstay / illegal work, which is certainly not going to be in your favour at all. It would depend upon the exact nature of how you most recently entered (did you show them your green card (if you still have it), did they just wave you through as a Canadian, etc.) and how you completed an I-9.

Find an amazing (read: expensive) lawyer, but don't get your hopes up. I think with all of your issues you are going to have a difficult time entering the US again legally.

Edited February 17, 2014 by Hypnos

[Kaelynath 0]

Well, This is far from peace of mind. Though I guess I understand...

Though, wouldn't the Border have told me that when they checked through my file recently? I know it's incredibly unlikely, but as though it was waived or my registration to vote never went through? When I left I made absolute certain to call them and be sure I didn't have flags against me for the overstay or anything else. My entire file was reviewed by them and I feel like that's being overlooked with the replies.

I'm not trying to deny the bad news or anything, but I'm keeping my eyes on the possibilities here based on what I've experienced so far in this journey.

And to answer the questions, I entered as a Canadian with the intention of visitation but decided to stay when I found myself absolutely head-over-heels for Laura after meeting her in person. This was, again, under the mistaken impression of my LPR status. Which I now know was incorrect.

Edited February 17, 2014 by Kaelynath

[Hypnos 6,579]

Did you receiver a voter registration card or anything like that, confirming that you had actually registered to vote?

[Kaelynath 0]

Admittedly, I'm terrified that the young and dumb 19-Year-Old me might have ruined my entire future with my fiancee. I've learned so much since then, and the entire reason I left is because I wanted to set things straight and do everything legally and correctly. As it stands, as someone who works Retail I can't quite afford an expensive lawyer, or to support my fiancee should we need to reverse the situation.

God, this is a horrible revelation.

[lost_at_sea 995]

I called the Border about this concern a few months ago, and they were able to confirm that I have no red flags on my Passport. And I even specified that I had registered to vote. That being said, I didn't end up voting. Merely signed up to be able to do so. And that was after the RMV confirmed that I was eligible to sign up for it and pretty well suggested that I do so while I was updating my State ID.

An interesting read, and likely what happened to you (motor-voter): http://www.usavisacounsel.com/articles/i-am-not-a-u-s-citizen-but-i-registered-to-vote%E2%80%A6-and-even-voted.htm

Edited February 17, 2014 by lost_at_sea

[Kaelynath 0]

Did you receiver a voter registration card or anything like that, confirming that you had actually registered to vote?

I got a piece of paper from the RMV about my registering to vote. Though that's as far as it went. I don't know if I had to ever confirm it, or do anything after that point.

[Kaelynath 0]

I also don't believe I've ever received a 'Voter Registration Card'.

[Hypnos 6,579]

Unfortunately if you got some mail about it then your application was probably processed, and there will be a paper trail for it.

It's lawyer time.

Edited February 17, 2014 by Hypnos

[lost_at_sea 995]

I found this thread on another site, a little old, that talks about the ability to withdraw a registration with the county clerk. Maybe you can check to see if you were actually registered?

http://forums.immigration.com/showthread.php?323994-Accidentally-registered-to-vote-n-400-denied-please-help

[Kaelynath 0]

An interesting read, and likely what happened to you (motor-voter): http://www.usavisacounsel.com/articles/i-am-not-a-u-s-citizen-but-i-registered-to-vote%E2%80%A6-and-even-voted.htm

Wow, Lost. That really is an amazing read. It's good to know that I'm not the only one who has made this mistake and that it might not be as damning as it appeared to be initially. So there's that at least, perhaps I might have a chance at it being excused under those circumstances that I was advised to do so by a Government Official?