I am a Canadian woman who recently married an American. We are currently waiting for an NOA2 for the I-130 my husband filed.
I was in the USA without a visa for approximately 7 years, and returned to Canada on my own about 7 years ago. As a Canadian, I was not required to have a visa or even a passport to enter the USA at that time. I did not work in the USA, I was not deported, I had no issues or run-ins with the law or any sort of immigration or customs officials at any time. When I entered the USA about 14 years ago, I did not plan on staying, but the situation with my then-husband deteriorated and I ended up staying in the USA, and divorcing him. My ex-husband is Canadian and stayed in Canada, he did not enter the USA with me. When I returned to Canada, I did tell the customs officials at the border how long I had been in the USA and declared my personal items that I was bringing back with me into Canada, they had no problem with this. Also, I did have an American Driver's License, as my Canadian one had expired while I was in the USA and so I got a new one there. So I assume that there will be some records somewhere of me being in the USA back then.
How will my time in the USA affect our application for my green card to move to the USA and live with my new husband and work in the USA? Can this have a negative effect on our application? If I do not reveal this information, and they find out, can this be grounds for a denial?
I'm scared to tell them, but I'm also scared not to. I realize that I should be as truthful as possible, and want to do so, but I'm concerned that my extended time in the USA will hurt our chances of being approved.
Question about time spent in USA previously.
in IR-1 / CR-1 Spouse Visa Process & Procedures
Posted · Edited by CM_LOH
I am a Canadian woman who recently married an American. We are currently waiting for an NOA2 for the I-130 my husband filed.
I was in the USA without a visa for approximately 7 years, and returned to Canada on my own about 7 years ago. As a Canadian, I was not required to have a visa or even a passport to enter the USA at that time. I did not work in the USA, I was not deported, I had no issues or run-ins with the law or any sort of immigration or customs officials at any time. When I entered the USA about 14 years ago, I did not plan on staying, but the situation with my then-husband deteriorated and I ended up staying in the USA, and divorcing him. My ex-husband is Canadian and stayed in Canada, he did not enter the USA with me. When I returned to Canada, I did tell the customs officials at the border how long I had been in the USA and declared my personal items that I was bringing back with me into Canada, they had no problem with this. Also, I did have an American Driver's License, as my Canadian one had expired while I was in the USA and so I got a new one there. So I assume that there will be some records somewhere of me being in the USA back then.
How will my time in the USA affect our application for my green card to move to the USA and live with my new husband and work in the USA? Can this have a negative effect on our application? If I do not reveal this information, and they find out, can this be grounds for a denial?
I'm scared to tell them, but I'm also scared not to. I realize that I should be as truthful as possible, and want to do so, but I'm concerned that my extended time in the USA will hurt our chances of being approved.