evergreen

I'm so sorry for what you are going through. Your I130 is at the NVC now? What did you have when you were traveling? The K3? Are you separated (geographically) now? I hope you are back together soon. The consulate/embassy at Montreal has been very helpful and kind so far.

I will definitely remember not to travel without an AP. At what point will our spouses be able to travel between Canada and the U.S. without AP? It's all so crazy, huh?

I used to live 15 miles from the Canadian border, and we'd cross on an almost daily basis without even having to show any ID - Canadians too, crossed into the U.S. in a similar fashion at the small border we lived near. It never really occurred to me how difficult, complicated, and confusing this entire immigration process (both ways) would be!

I spoke with the consulate, and they say that because my husband had a Canadian passport, had filed for an extension of his I94, and left at the six month mark, and was never denied entry, notified of an overstay, asked to leave the U.S., or placed in deportation status, he is NOT considered an overstay!

We have an interview scheduled in two weeks!

They are also going to try to skip the K3 and go straight to the CR1/I130 to avoid us having to come back for a second interview. Now I'm rushing to make sure I have the paperwork for both the I129 and the I130 for the interview.

I'm still nervous as you know what, but it looks like in a matter of weeks my husband may be coming "home" to stay!

At the time that my now husband entered the US, he did not have any immigration or non-immigration applications filed or pending.

In fact, at that time, we were planning on MY moving to Canada, not him moving to the U.S.! We did want to try to find a legal way to spend as much time together as possible while we waited for my Skilled Worker application to Canada to process.

It wasn't until later, when we found out how difficult it was for a U.S. nurse to get a nursing job in Canada, and how nursing wages in Canada were significantly less than nursing wages in the U.S., that we even decided we wanted to live in the U.S. - so there was defintely NO immigrant intent at the time he entered the U.S., or even during the time he was here.

We were just doing everything we could do under the law to stay together for as much time as possible while we figured out what to do.

Thanks!

We're about to have our K3 interview. Once the I130 petition gets sent to the Montreal consulate, we plan to return to Canada to obtain the immigrant visa. Can we use the same medical exam/results for this? How can we get an extra copy of the medical exam results (as, if I understand correctly, the come in a sealed envelope which we will not have access to)?

Thanks!

My edit didn't work for some reason -

Yes, my boyfriend (later husband) did stay in the U.S. for six months. In fact, when we got to the border (US/Canada) and they asked how long he intended to stay, he told them six months (the usual legal limit for a Canadian visitor with a valid passport, we believed).

However, when the border agents said he could only stay three weeks, we only planned on him staying three weeks.

We really didn't understand why he wasn't allowed the six months, so we contacted USCIS to find out what we needed to do on his next visit so that we could spend more than three weeks together - and the USCIS advised us to apply for an extension. We had no idea an extension was possible - but when we found out that it was - we applied for it. Who on this board wouldn't, if they could?

When it came to the point where he had been here six months (the time he'd originally planned to stay), we felt that he should return to Canada. That was his plan - he had an apartment and family (parents/siblings)and income in Canada that he had to deal with. We wanted to abide by his intentions and the law - and so, regardless that the decision on the extension had not yet been made, he returned of his own volition.

Later, when I contacted an attorney, the attorney told us that he should not have left the US, but applied for AOS instead.

Yes, had we known that AOS was an option, we would have taken that option. Again, who on this board would not have taken the option to keep their spouse with them? I don't believe that it's criminal to want to be with your spouse, or to use any legal means available to do so - nor do I believe that others on this board wouldn't use whatever legal means were available to remain with their spouses.

Not knowing that AOS was an option, we opted for him to return to Canada - again, because we understood that Canadian visitors were allowed six months - and his six months were up.

We never intended (and, to the best of my knowledge) never did anything illegal. We filed the I-130 and I-129 like everyone else, and waited our turn to be together again.

We NEVER planned to get married while he was here as a visitor (we'd known eachother two years, and I had visited him in Canada) - but we did decide to marry AFTER he was here. It was a spur of the moment decision - with no untoward intent - as we had no idea when we married that by marrying he might be able to stay in the U.S. - we married with the knowledge and expectation that, regardless of whether we were married or not, he would have to return to the Canada when his extension expired.

At this point, we knew little or nothing about the immigration process (as most people).

I will consult with an attorney again now - as to whether his stay while the extension was pending was considered an "overstay" or not, and whether we need to file a waiver - and will hopefully be updating the board with news that he was not considered an overstay and that we've obtained a CR1 or K3 visa and that he's back in the U.S. with me again!

My question was, I suppose, admist conflicting information, is an "overstay" tolled while an extension application is pending (and thus not considered an overstay)?

Thanks!

Green

Yes, my boyfriend (later husband) did stay six months. When we got to the border (US/Canada) and they asked how long he intended to stay, he told them six months (the usual legal limit for a Canadian visitor with a valid passport, I believe).

However, when the border agents said he could only stay three weeks, we only planned on him staying three weeks.

We really didn't understand why he wasn't allowed the six months, so we contacted USCIS, who advised us to apply for an extension. We had no idea an extension was possible - but when we found out that it was - we applied for it. Who on this board wouldn't, if they could?

When it came to the point where he had been here six months (the time he'd originally planned to stay), we felt that he should return to Canada. That was his plan - he had an apartment and family and income in Canada that he had to deal with. We wanted to abide by his intentions and the law - and so, regardless that the decision on the extension had not yet been made, he returned of his own volition.

Yes, had we known that AOS was an option, we would have taken that option. Again, who on this board would not have taken the option to keep their spouse with them? I don't believe that it's criminal to want to be with your spouse, or to use any legal means available to do so - nor do I believe that others on this board wouldn't use whatever legal means were available to remain with their spouses.

Not knowing that AOS was an option, we opted for him to return to Canada - again, because we understood that Canadian visitors were allowed six months - and his six months were up.

We never intended (and, to the best of my knowledge) never did anything illegal. We filed the I-130 and I-129 like everyone else, and waited our turn to be together again.

I will consult with an attorney - and will hopefully be updating the board with news that he was not considered an overstay and that we've obtained a CR1 or K3 visa and that he's back in the U.S. with me again!

I understand that they have to be more careful. I don't mind delays, I don't mind vehicle searches, I don't mind questioning.

I do mind being treated like a criminal, being accosted with absurd accusations for no reason, and being held for hours without being allowed to use the restroom or even allowed to respond to accusations.

The border agents can be careful and thorough without mistreating people. I don't excuse the way we were treated because the border agents have to be more careful in the light of recent terrorist activity.

We had valid passports, no criminal history, and there was no reason for us to be treated the way we were. We were polite, courteous, told the truth, had nothing questionable on us or in our vehicle.

They weren't questioning or accusing us of terrorist activity - they were harassing us because we were boyfriend and girlfriend from two different countries. When they ridiculously accused my husband of trying to work illegally as a nurse in the U.S. (he's not even a nurse), they were merely trying to "find something, anything", to deny him entry to the U.S.. Why?

I work as a nurse and run into all types of people. I've worked in the ER and in a prison and in a drug treatment facility (as well as hospitals, etc). I don't care who I work with - I always treat everyone with the same courtesy, respect, and professionalism.

I am not judge or jury - and neither are the border agents. The justice system has several different branches, for a reason. There is law enforcement and there is the judicial branch. I think some border agents are getting confused as to which department they work in.

If we let terrorists make it acceptable to mistreat law abiding citizens of the U.S. and other countries, who has won?

There is no excuse for mistreating anyone at the border, terrorist activity or not.

I think a Canadian friend recommended this border point as well.

What are the nearest towns, Canadian and American, to this bridge? I'm trying to figure out exactly where it is.

We've always had passports and been polite and cooperative - it's just that some border patrol agents have the same problem that many cops have - a position of authority gets to them, they can't handle it, and they've got to treat everyone like sh*t.

When I crossed with my husband, before we were married, they searched my car, got my job paperwork out (from a new nursing job), brought it inside the office, slammed it on the table, and demanded to know "What was really going on." I had no idea what to say! Nothing was going on. They insisted that my husband was trying to "work illegally" in the U.S. It was absurd! When they finally calmed down - when their supervisor entered - I was able to draw their attention to the fact that the job paperwork had MY name on it.

I'd brought my job paperwork, lease, etc. to show the Canadian side that I had sufficient ties to the U.S. to enter Canada. Now, the U.S. border was using that same paperwork against me! It was crazy. We sat in that office (not allowed to use the restroom) for almost three hours, staring at giant pictures of Bush and Cheney, while the border agents tried everything and anything to find some reason to deny my husband entry - and rather than asking questions, they flung accusations, one after the other. It was the most humiliating, frustrating experience! It was awful. Meanwhile, all the brochures in the office "welcomed" foreigners to the U.S.!

Even then, I've always remained courteous and cooperative, but it has made me want to vomit to be treated so awfully for no reason. It's definitely made me afraid to cross the border.

We've been going through the entry on 133/I-89 between Quebec and Vermont. Any better places to cross? The border in Detroit had the most awful female agent/officer. A friend from Australia ran into her as well, and has declared that he will never again even attempt to visit Canada. I just want a border where the agents are reasonable - not one where they harass you or make accusations (versus asking questions).

My husband received packet three in Canada.

What parts of that packet do we return to the consulate to get our interview, and what parts do we keep and present at the interview?

I'm not in Canada, so I can't look at the paperwork - and since I'm the one who's been dealing with all of this, the paperwork is confusing my husband.

Can he fax and mail the checklist to the embassy?

Does he need to return something else besides the checklist?

Thanks!

Green

My husband received packet three in Canada.

What parts of that packet do we return to the consulate to get our interview, and what parts do we keep and present at the interview?

I'm not in Canada, so I can't look at the paperwork - and since I'm the one who's been dealing with all of this, the paperwork is confusing my husband.

Can he fax and mail the checklist to the embassy? Does he need to return something else besides the checklist?

Thanks!

Green

The US border gave my Canadian husband (we were not married at the time) an I-94 good for three weeks. We called the USCIS and applied online for an extension of the I-94. When a decision had not been made on the I-94 extension at the six month mark, my husband returned to Canada.

Since then, we've filed an I-129, and an I-130. The I-129 is at the consulate, the I-130 is at the NVC.

If I understand correctly, when you file for an extension, whether it is approved or denied, you are not considered illegal unless you remain in the U.S. after the denial or after the date approved by the extension.

Anyway, I'm getting so many different answers here that I think I'll talk to an attorney. Any suggestions?

Got this from www.visacentral.net:

I applied for an extension or change of my temporary visa. While the application

has been pending, my original visa has expired. Am I 'illegal'?

No, you are still in a period of authorized stay called 'tolling'. Your stay is

authorized until BCIS makes a decision on your case. If you receive a notice that

it has been denied, you begin accumulating 'out of status' time at that point and

must leave the country immediately.

Got this from www.visacentral.net:

I applied for an extension or change of my temporary visa. While the application

has been pending, my original visa has expired. Am I 'illegal'?

No, you are still in a period of authorized stay called 'tolling'. Your stay is

authorized until BCIS makes a decision on your case. If you receive a notice that

it has been denied, you begin accumulating 'out of status' time at that point and

must leave the country immediately.

Also, on the I-212 Waiver Application, it states that you are able to reapply for admission WITHOUT filing the I-212 if you voluntarily departed from the U.S. without expense to the U.S. Government and without an order of removal or deportation having been entered.

Now I'm totally confused!

Also, on the I-212 Waiver Application, it states that you are able to reapply for admission WITHOUT filing the I-212 if you voluntarily departed from the U.S. without expense to the U.S. Government and without an order of removal or deportation having been entered.

Immigration and Nationality Act, 8 U.S.C. 1001, et. seq, as amended:

(B) ALIENS UNLAWFULLY PRESENT.-

(i) In general. Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(B)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

(iii) Exceptions. -

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

(II) Asylees.-No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.

(III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

(IV) Battered women and children.-Clause (i) shall not apply to an alien who would be described in paragraph (6)(A)(ii) if "violation of the terms of the alien's nonimmigrant visa" were substituted for "unlawful entry into the United States" in subclause (III) of that paragraph.

(iv) Tolling for good cause. -In the case of an alien who-

(I) has been lawfully admitted or paroled into the United States,

(II) has filed a nonfrivolous application for a change or extension of status before the date of expiration of the period of stay authorized by the Attorney General, and

(III) has not been employed without authorization in the United States before or during the pendency of such application,the calculation of the period of time specified in clause (i)(I) shall be tolled during the pendency of such application, but not to exceed 120 days.

*I don't know where the happy face is getting in this. I can't seem to remove it!

[immigration and Nationality Act, 8 U.S.C. 1001, et. seq, as amended:

(B) ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(B)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

(iii) Exceptions.-

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

(II) Asylees.-No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.

(III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

(IV) Battered women and children.-Clause (i) shall not apply to an alien who would be described in paragraph (6)(A)(ii) if "violation of the terms of the alien's nonimmigrant visa" were substituted for "unlawful entry into the United States" in subclause (III) of that paragraph.

(iv) Tolling for good cause.-In the case of an alien who-

(I) has been lawfully admitted or paroled into the United States,

(II) has filed a nonfrivolous application for a change or extension of status before the date of expiration of the period of stay authorized by the Attorney General, and

(III) has not been employed without authorization in the United States before or during the pendency of such application,the calculation of the period of time specified in clause (i)(I) shall be tolled during the pendency of such application, but not to exceed 120 days.

But is it considered "overstaying" when he applied for an extension of the initial visitor visa through USCIS BEFORE it expired?

So that the entire time he was here in the U.S. AFTER it expired, the status of the visa was then pending due to the extension application?

When I contacted the USCIS after our marriage, an operator/representative told us that he must return to Canada and we must file an I130. Unfortunately, this was before I was on the visajourney forum, and we believed this operator was correct - she stated that there were NO other options. Had we checked this forum, or called an attorney, we would have discovered that he could stay in the U.S. if we filed an Adjustment of Status application! However, by the time we found this out, he had already returned to Canada.

Obviously we weren't intending to use the visitor visa to avoid the usual processes, because we hadn't intended on getting married, didn't know anything about the immigration process at the time we married nor afterwards (or else he would have remained in the U.S. and applied for AOS) and did not benefit in any way from marrying in the U.S. while he was on the visitor visa.

This makes sense to me, but I'm worried that the over zealous border patrol agents may latch onto this and use it as a reason to deny his visa, even though so far we have made every attempt to do everything appropriately and legally.

My husband (then my boyfriend) came to the U.S. from Canada on a visitor visa.

Even though he had a valid Canadian passport, and even though Canadian citizens are not supposed to need a visa with a valid passport, he was issued a "visitor visa" at the border, requiring him to return to Canada in three weeks. This was because the border agents did not feel that he had sufficient "ties to Canada". He had with him his lease, utility receipts, and proof of income in Canada, but apparently not enough evidence of his "ties" for these particular border agents. Once they found out that we were "boyfriend/girlfriend", it seems they made up their mind, regardless of evidence of his ties to his home country.

During that three weeks (the period approved by the border agents), we called USCIS, and were told that we could apply online for an extension of the visitor visa. We did apply for an extension of the visitor visa. He stayed in the U.S. awaiting approval of the extension, but returned to Canada before the extension was approved or denied. Overall, he stayed in the U.S. for six months. Longer than the original three week visitor visa, but the usual legal limit for a Canadian visitor to the U.S. We applied for the extension before the initial visitor visa expired, but he left the U.S. before a decision was made on the extension application (a decision on the extension was not made until eight months later, after he had already returned to the U.S. and after we'd already applied for CR1 and K3 visas).

While he was in the U.S., a few months after he arrived, we got married. He did not come to the U.S. with any intent to marry me while on a visitor visa, but we later decided (2 1/2 months after he arrived) to get married.

Also, as I stated, while still waiting for the extension of his visitor visa, despite our marriage, he returned to Canada on his own at the six month mark.

We filed an I-130 (CR1) petition, and an I-129F (K3) petition.

We expect to have an interview at the end of September or early October for our K3.

Will the circumstances described above cause any problems at the interview (at the consulate) or POE (border)?

Is it considered "overstaying" when he applied for an extension of the visa through USCIS BEFORE it expired? So that the entire time he was here in the U.S. AFTER it expired, the status of the visa was then pending due to the extension application?

I could swear I read somewhere (either on the USCIS site or in the actual wording of U.S. immigration law) that if you stay while awaiting an extension, it does not count as an overstay if you later apply for an I130/I129 visa.

When I contacted the USCIS after our marriage, an operator/representative told us that he must return to Canada and we must file an I130. This operator told us that this was his only option. She did not metion the AOS option or the K3.

Unfortunately, this was before I was on the visajourney forum, and we believed this operator was correct - she stated that there were NO other options. Had we checked this forum, or called an attorney, we would have discovered that he could stay in the U.S. if we filed an Adjustment of Status application! However, by the time we found this out, he had already returned to Canada.

Obviously we weren't intending to use the visitor visa to avoid the usual processes, because we hadn't intended on getting married, didn't know anything about the immigration process at the time we married nor afterwards (or else he would have remained in the U.S. and applied for AOS) and did not benefit in any way from marrying in the U.S. while he was on the visitor visa.

This makes sense to me, but I'm worried that the over zealous border patrol agents may latch onto this and use it as a reason to deny his visa, even though so far we have made every attempt to do everything appropriately and legally.

But is it considered "overstaying" when he applied for an extension of the visa through USCIS BEFORE it expired? So that the entire time he was here in the U.S. AFTER it expired, the status of the visa was then pending due to the extension application?

Yes, when I contacted the USCIS after our marriage, an operator/representative told us that he must return to Canada and we must file an I130. Unfortunately, this was before I was on the visajourney forum, and we believed this operator was correct - she stated that there were NO other options. Had we checked this forum, or called an attorney, we would have discovered that he could stay in the U.S. if we filed an Adjustment of Status application! However, by the time we found this out, he had already returned to Canada.

Obviously we weren't intending to use the visitor visa to avoid the usual processes, because we hadn't intended on getting married, didn't know anything about the immigration process at the time we married nor afterwards (or else he would have remained in the U.S. and applied for AOS) and did not benefit in any way from marrying in the U.S. while he was on the visitor visa.

This makes sense to me, but I'm worried that the over zealous border patrol agents may latch onto this and use it as a reason to deny his visa, even though so far we have made every attempt to do everything appropriately and legally.

OVERALL K3 PROCESS:

I'm just curious. As our I129s are being "processed", what is done where?

For example, at the initial USCIS service center, all that is done is to accept and process payments and enter the information into the USCIS computer system? Or are background/security checks and/or other steps performed at this level?

What exactly happens at the NVC? What role do they have in processing? Something must be done there other than simply verifying that your petition is complete and sending it on to the appropriate embassy/consulate?

And then at the consulate? Are background/security checks done and/or re-done? Or do they merely verify that your actual documents match what you put on your application and check medical exam results? Obviously the actual physical visa is produced here and the interview is performed, but what else?

I'm just very curious as to what happens where in the seemingly convoluted, piecemeal process!

Thanks!

My husband (then my boyfriend) came to the U.S. from Canada on a visitor visa Even though he had a valid Canadian passport, and even though Canadian citizens are not supposed to need a visa with a valid passport, he was issued a "visitor visa" at the border, requiring him to return to Canada in three weeks. This was because the border agents did not feel that he had sufficient "ties to Canada". He had with him his lease, utility receipts, and proof of income in Canada, but apparently not enough evidence of his "ties" for these particular border agents.

During that three weeks (the period approved by the border agents), we called USCIS, and were told that we could apply online for an extension of the visitor visa, which we did. He stayed in the U.S. awaiting approval of the extension, but returned to Canada before the extension was approved or denied. Overall, he stayed in the U.S. for six months. Longer than the original three week visitor visa, but the usual legal limit for a Canadian visitor to the U.S.

While he was in the U.S., a few months after he arrived, we got married. He did not come to the U.S. with any intent to marry me while on a visitor visa, but we later decided (2 1/2 months after he arrived) to get married.

Also, as I stated, while still waiting for the extension of his visitor visa, despite our marriage, he returned to Canada on his own at the six month mark.

We filed an I-130 (CR1) petition, and an I-129F (K3) petition.

We expect to have an interview at the end of September or early October for our K3.

Will the circumstances described above cause any problems at the interview (at the consulate) or POE (border)?

Thanks!

I love my husband and have anxiously awaited his getting his visa so that we could be together again. We lived together for six months and it was wonderful. But now, after being apart for so long, and with our expecting him to have his visa this month, I am scared to death! The emotional, illogical side of me worries about whether this will work out. If I calm down and think rationally, there is no reason to think that it won't - but I still worry! Did anyone else get nervous when it came close to having your fiance/spouse with you again? I feel like such a heel for feeling this way. I know I love him and that we've always been very happy together. I don't understand why I feel this way.

Because the border patrol officers made assumptions, jumped to conclusions, made unfounded accusations, and we were not given a chance to respond - until finally their supervisor came out, allowed us to respond, and allowed my husband into the U.S. as a visitor (this was before we were married).

We are completing the DS-156, and have some questions! Some of the questions on the form do not seem to apply to those who are seeking an I129F/K3 visa. I am worried about answering these questions the wrong way and possibly having my husband's visa denied.

Question 22: When do you intend to arrive in the U.S.? It asks for a specific date - but all we know is that he intends to arrive in the U.S. after his visa is issued.

Question 25: Name and telephone numbers of persons in U.S. who you will be staying with or visiting for tourism or business? He will be staying with me - but not for tourism or business - and not for a visit - but for the maximum amount of time allowed under an I129F/K3 until either an I130 visa is issued or he applies for adjustment of status.

Question 26: How long do you intend to stay in the U.S.? He plans to stay indefinitely, but if we put that on our application what will happen?

Question 27: What is the purpose of your trip? It's not really a trip, it's a move, to be with his spouse.

Question 28: Who will pay for your trip? Again, it's not a trip - but since he has to quit his job to move here, I will be supporting him.

Question 37: Do you intend to work in the U.S.? Yes, he does - but not without a work permit. But if we answer yes, will it cause problems in getting the visa? And if we answer no, will it cause problems getting a work permit later?

Question 38: Do you intend to study in the U.S.? Again, he hopes to go back to school eventually, but will answering yes cause them to question or deny his K3 visa?

Question 36: Has anyone ever filed an immigrant visa petition on your behalf? Of course, because an I130 is required in order to apply for the K3!

Thanks so much! We're afraid to complete the form because of the negative experiences we've had at the border!