over stay - canadian

[William S 0]

My wife is a canadian and she's been in and out of US while waiting for I-130 and NVC.

We traveled from US to to Mexico last week and when we tried to reenter US past weekend, she was pulled aside at custom in the air port and was told that she over stayed in US. Apparently she's been here for 8 months according to custom agent.

After some intimidation from agents, she told them she was planning to go back to canada this week. She was admitted to US and is with me right now.

Question 1: Will this "over stay" cause any problem with her NVC and interview process? She's in final stage of the NVC at this point.

Question 2. I'm guessing that staying longer and not going back to canada this week will make things worse? As I expect that agent has put comments on her passport past weekend.

Appreciate any insight.

Thanks

[canadian_wife 1,823]

1. Since it appears to only be a 2 month overstay then no, if she leaves now she should be fine. If it is too much longer she can face a ban.

2. Since she was admitted on the pretense that she was going to leave, then she needs to leave. If she is in the final stages of NVC it won't be too long now.

good luck

[William S 0]

1. Since it appears to only be a 2 month overstay then no, if she leaves now she should be fine. If it is too much longer she can face a ban.

2. Since she was admitted on the pretense that she was going to leave, then she needs to leave. If she is in the final stages of NVC it won't be too long now.

good luck

Thanks for the reply.

To add to my original post.

When she was being admitted past weekend, custom officer told her that she needs to stay only for 6 months when she visits and she put a stamp on her passport (B2, expires on August). She was not told she "needs/must" leave for Canada this week. That sound like to me that she was granted full 6 months stay despite the issues that they found with her staying last time (before leaving for mexico)?

She needs to return to Canada to handle some stuff anyway but were wondering staying longer here because she was planning to get back to US in few weeks and stay with me while waiting on her final stage of NVC. Will she have similar problem reentering in few weeks if she returns to Canada this week?

Thanks,

Edited March 1, 2015 by William S

[Ryan H 3,813]

Moved from IR-1/CR-1 Progress Reports to Working & Traveling During US Immigration forum.

[aaron2020 11,651]

Thanks for the reply.

To add to my original post.

When she was being admitted past weekend, custom officer told her that she needs to stay only for 6 months when she visits and she put a stamp on her passport (B2, expires on August). She was not told she "needs/must" leave for Canada this week. That sound like to me that she was granted full 6 months stay despite the issues that they found with her staying last time (before leaving for mexico)?

She needs to return to Canada to handle some stuff anyway but were wondering staying longer here because she was planning to get back to US in few weeks and stay with me while waiting on her final stage of NVC. Will she have similar problem reentering in few weeks if she returns to Canada this week?

Thanks,

She will have trouble returning in a few weeks. She has been told that she is spending too much time in the US. Her last admission is a courtesy on the premise she would leave for Canada. It's unrealistic to think she will be extended the courtesy to visit in a few weeks when it already looks like she is abusing the visiting privilege to live here.

[Raeesa 2]

If her passport is stamped until August, that is her authorized stay. If she leaves now she will likely have trouble reentering. That's what I feared when I came here in May and just ended up staying and waiting for the i-130 approval. Once I got that, we applied for AOS and received my AP less than 3 months later.

Why not just file the AOS while she's in US with you rather than risk her being denied reentry? You should receive you i130 approval soon as you described then she can get Advance Parole within 3 months and travel back to Canada.