ATTENTION CANADIANS

[melliemel 0]

Just out of curiosity what were the reasons for needing a waiver?

Just wondering if I am going to need one because I have had so many mixed answers.

Thanks for the time

melliemel

[charmac7 4]

mine was for an overstay

some are for criminal records

Pretty hard to answer if we don't know why you think you might need one

Char

[new orleans bound 0]

Mine is for an overstay.

[melliemel 0]

I have a few issues...

I am a Canadian Citizen currently living in Canada. I was married before to a US Citizen for almost 5 years that ended up to be a total disaster. Here are a few things I am concerned about

1. Married to US citizen and worked without authorization and did not file taxes. This was back in 2003

2. Arrested but not convicted in 2002

3. Denied entry at the US boarder in 1998

I think those are the only things that I am really concerned about. I did not live in the US all that time. I would go there for 5-6months and return to Canada for about 1-2months so I could avoid an overstay.

Thanks for the help.

Mellie

[charmac7 4]

the denied entrance will have no bearing unless you were deported or removed at POE

The working without authorization - this one I am not sure of

The overstay question - You are allowed 6 months out of any given year

returning to Canada for a few months and then going back to the US is going to put you into an overstay position....as you will have spent more time in the US than in Canada.

Arrest without conviction...not sure on this one either

but I would say in all probability you will have to file a I-601 waiver

Char

[KTMMAN(non compus mentis) 0]

Ok i have applied for my waiver through Vancouver for CMT and was wondering if anyone else had and could give me a timescale,yes I knowwhat they tell you in the embassy but I would like to hear from someone who has actually had theres thanks

[charmac7 4]

all waivers are being processed at the Vermont Service Center

there is a member list here : http://www.immigrate2us.net/forum/viewtopic.php?t=4155

the Canadian Waivers are at the bottom of the list

Char

oops...I meant to say all Canadian Waivers

Once Vermont recieves them they will send a receipt notice with a new case #...you can check online status on the USCIS website for the waivers.

Char

[melliemel 0]

Well, from my calculation I spent more like 7 out of 12 months in Canada and the remaining 6 in the US. I did this for almost 5 years so it's going to be really hard for me to determine.

Wish I had kept all my plane tickets and bus tickets. It would have given me a better idea. I hope they don't give me too much trouble with this.

My main concern as I stated before is the whole working without authorization and not paying taxes.

I talked to a lawyer briefly and he stated that working without authorization is not considered grounds for inadmissibility. Not paying taxes might be a problem, but if I paid my taxes now then it would show good faith. Unfortunately I do not have any of my tax papers so this poses a problem.

The problem that the lawyer said that I might have would be misrepresentaion. I have been looking into this a little and do not see how they can prove misrepresentation. I always told the officer at the POE that I was going to see my husband for a few weeks. I usually explained that my husband was a Marine and they usually just let me go.

Anyway, I will just have to wait and see.

I will post my experience at my interview in the Regional discussion forum under CANADA!!

Thanks for the info Char, I appreciate it.

Best of luck to you all.

[melliemel 0]

I had my interview. Here is my experience.

My Interview experience was fairly flawless.

I was very concerned that I would require a waiver as I previously was married to a US Citizen back in 98 and basically lived there on and off for almost 5 years. I also worked as an independant contractor (courier) for about a year.

I remarried in 2005 to a US Citizen. (Total Coincidence)We started our process in April2005 and had on Interview April 19th 2006.

My husband flew from NY to Toronto and he and I drove to Montreal on Tuesday and hardly talked to each other we were so nervous. Wednesday was our interview. We arrived at the consulate at around 8:00am. We went straight to the 19th floor and to the window to collect our number. When our number was called (at around 9:15am)we went to window 11 (I think) and the lady asked us for my passport, and if I had another police certificate as the one I had originally submitted was dated Oct05. Thankfully I had my RCMP certificate that was sent to me in Dec05. I was then told to pay my fee for my FBI fingerprints ($85) at the cashier and come back to her with my receipt. I totally forgot about that fee, thank God my husband had his wallet with American money in it

I gave the lady the receipt and she told my husband and I to wait until we see our number appear on the screen again. About 1/2 an hour later our number popped up. We both proceeded to a room where the interviewer was behind a glass. He smiled, which made me finally feel at ease and asked my just a few questions.

He said to us that everything looked fine. The only thing he was unsure about was my arrest and the final result. Apparently the reports that they obtained did not clearly stated what the ending result was to my case. I explained to him what happened and also showed him the police report that I had obtained with the final result as "Nolle Proscqui" He did not understand what that ment. I explained it to him, he then googled it. Right in front of me, and he smiled because the explaination that I gave him was almost exactly what he was reading on his screen. Basically the term means that there was not enough evidence and the procecutor has decided to go no further. Basically the charges were dropped. That is all the interviewer was looking for. Some indication that my case was dismissed.

He then took the police report that I gave him, photo copied it, I believe he got appoval from someone then came back in and asked me. Have you crossed since you have been married? I said yes.

How long have you been married? I said April 22nd. He said of this year? I smiled. I said no, actually it will be a year on Saturday. He laughed and said, I don't even know what date it is.

He then asked my husband, who was sitting quietly on a chair, How it has been for him? The travelling? My husband said, it's been alright but it's very hard on both of us.

Then I was asked about my travelling and if I have travelled since we got married? I said yes, at least every other month.

He said, Well I see you have had a few problems in the past which is no big deal, but when you have crossed in the past have you stated why and who you were visiting? I said yes, everytime I crossed I said that I was going to see my husband.

He smiled again and said. Well, everything else looks great. Since you are a Canadian passport holder the rest of these things don't matter. (I assume he was talking about me working and living in the US)

He then said, are you guys planning on sticking around until tomorrow? I said yes and my husband had this huge smile on his face, it was adorable.

The interviewer then said, good. Then you can pick up your visa tomorrow at 2:30. Congradulations.

I was so happy. The people at the consulate were friendly and helpful, and it made our experience a lot less stressful.

My advise. Stay calm, smile and look confident and all will be fine.

The whole experience probably took about 2 hours. Most of it was waiting.