itsallgreektome

"Out of status" usually means "entered legally, but has no legal status currently." One can fall out of status in a lot of ways, but the one that would concern you here is by overstaying the time one is allotted in the country.

For a Canadian entering as a tourist, you've got it right: you would go out of status on day 181, because the first 180 days are part of your legal stay. But there isn't a fixed penalty for being out of status until you've accrued 180 days out of status.

Now, as the law is written, each new entry resets the clock. So if I stay 15 days, then leave, and then come back, my first day back isn't day 16 of the previous 180 period, but day 1 of a new 180 period. I've spent 16 days in the country, but they were part of two separate entries, and none of the time counted as an overstay. If I'd stayed 200 days the first time, then left, and come back, I would be starting over on day 1 of a new 180, but I'd have 20 days out of status time.

On none of your previous trips did you overstay (you have a number of trips, all under six months), so you didn't accrue any out of status time. So in terms of worrying about falling out of status, you'd count days from the last time you crossed the border. Let's say you came at the beginning of November and leave March 30: 30, 31, 31, 29, 31 gives us 151 or so? You're fine.

(There is a bit of disagreement as to whether a Canadian is permitted to stay six months per visit, or six months per recent twelve months per all visits, but I can't find a citation to settle that. But in any case, that wouldn't be accruing an overstay time, which is what the waiver business is all about.)

You know, what you are saying makes alot of sense. I've lived in Canada for 50 years and I don't ever remember anyone saying that they have accummulated a certain number of days in the U.S. and they only have a certain amount of time left on their 180 days. Do you know what I am trying to say? I can sure understand how it can get sooooo confusing but come Tuesday I as going to call some government offices to find out. But if you think about it we are kinda tourists but we are also under a different status as we wait for our visas so I think we are in the middle . All in all, it does come down to the officer at the interview or the border office. Thanks for your imput, I really appreciate it alot.

Maria

Yes, I didn't mean to imply that you are out of status after you have been here 6 months - but that if you have 6 months worth of out of status

time accrued that earns a 3 year ban, and a year of out of status time earns a year ban. Still not sure that it isn't 6 months in a year - I know that is what I was told when I dated a US citizen for 9 years and was crossing the border very regularly - that I was not allowed to accrue more than 6 months worth of time spent within the US in any one year.

I've heard the latter, too, but can't find a citation for anything but 'no more than six months at a time.' But I'm sure you're right on this point. zyggy?

You know what you guys....I have tried all day to find out on all these different gov sites there is nothing that is so specific in regards to this issue. It is so frustrating. I'm also not to use what you mean by out of status. So if I am here for 181 days I am out of status by 1 day, right?

I am still very nervous and unsure. If it wasn't a holiday I would have calle some of these agencies but they are all closed...I guess till Tuesday. Oh brother.

Maria

Thanks to all of you. I've ruined my day with this worry. I'm so tired. "What will be will be". I'm sure you all understand. God bless you all.

Maria

Hugs are nice. And, yes, it's scary because there is a lot riding on the outcome of a mysterious process. You have not done anything illegal so there is nothing to be worried about. You'll need to find something else to worry about to take your mind off this.

your funny, thanks

Yes it makes sense and yes you are going to be okay, Maria. Please remove this from your worry list.

Hi Crikey,

If you were standing right here with me I would give you a big fat hug!. I needed to hear that. I really appreciate everyone's input but someone times if can get very scary. I am still very nervous but my gut is telling me there is something wrong with staying in the u.s. this long but then again, I am not de-facto and I am not working here. I am not ILLIGAL. Gosh, I don't know but thanks for your help.

Maria

Hi everyone whw is trying to help me. I just called the u.s. border and the customs officer told me that when someone like "us" who are waiting for a u.s. visa the 180 days does not apply to us. She said that if I didn't get an I-94 card that states the dates in which I can stay then the 180 days doesn't apply to me. When I entered the u.s. to visit my husband I proved that I was going to come back to the u.s. That's why they let me in. They did not issue me a I-94 card. Does this make any sense to anyone here. I was so nervous talking to her that I got probably 1/2 the story. I think I should be o.k.

Maria

I would just chill out a little if you were not issued a green I-94 card at the border when you entered it is pretty hard track. here is a link to a some info and a study that explains the tracking of overstays from canada and mexico with out being issued an I-94.http://www.gao.gov/new.items/d0482.pdf

If the consulate see that you have traveld back and forth from canada and the us it could be enough for them to see that you are aware of the laws and tha you abide by them.

good luck!

Can you explain what a waiver is?

I would just chill out a little if you were not issued a green I-94 card at the border when you entered it is pretty hard track. here is a link to a some info and a study that explains the tracking of overstays from canada and mexico with out being issued an I-94.http://www.gao.gov/new.items/d0482.pdf

If the consulate see that you have traveld back and forth from canada and the us it could be enough for them to see that you are aware of the laws and tha you abide by them.

good luck!

thank you very much

It is 6 months in the 12 month rotation. I believe that if you have an overstay sufficient to create a ban, then at the interview they deny the visa and tell you that you need to submit a waiver to overcome the bar. The overstay that creates a ban is 3 years for a 180 day overstay and 10 years for a 1 year overstay.

Kathryn41. How do you know for sure. I am going to be so sick. My body is shaking.

Kathryn knows her stuff. I guess you can always begin to prepare the waiver, can't hurt to be ready.- that's why in theory we're supposed to wait in Canada for our interview. Hope it works out for you.

I am going to be sick for sure.

It is 6 months in the 12 month rotation. I believe that if you have an overstay sufficient to create a ban, then at the interview they deny the visa and tell you that you need to submit a waiver to overcome the bar. The overstay that creates a ban is 3 years for a 180 day overstay and 10 years for a 1 year overstay.

How sure are you about this? I think I am going to be sick.

Hi everyone,

Since I married my u.s. husband I have visited the u.s. fregquently. In April for 10 days, May for 5 days, june for 5 days, from july 4 to Aug 10 '07 (approx 37 days) then, Aug 25 to Oct 28 and this last stay (and I am still here but going back for my interview on April 14 '08) from Nov 10 to March 30. '08 (5 months for this stay) . Would I be considered overstaying. If so, would they not have noticed that on my package 3 and not granted me an interview based on my visits.? I am so so worried. I have read on this site about the 6 month limit and some say that it is from Jan to Dec and others say it is a 12 month rotating period. I am so not sure. I hope one can help me with this. If they deny me a k-3 visa at my interview how could I appeal that decision.

Mine took about a week.

thank you guys!!!

Hi everyone,

How long should I plan to wait to get my visa in the mail before I make plans to move to the U.S. My husband has to let his work know when he needs the time off. Hope someone can help. I tried to check others timelines but am having difficulty clicking on ALL of them.

Maria

Believe it or not, I had this experience the last time I came into CANADA. My fiance was in the car with me, and I've never ever had a Canadian border guard even look at my ID! I used to make the trip every weekend too...so I understand where you are coming from. But, I had been in Canada at that point for about 2 months, and we left to go to visit a friend in Pittsburgh. When we came back-I had an experience that was pretty much the same as you, but in Canada. They took issue of course because I didn't have a job-or any major ties back to my home. But once we went inside, the lady in there was very understanding. I was like 'look, we're trying with everything we can to just get HIM into the USA....legally of course. We would do nothing to jeopardize our visa application & I have no desire to reside permanently in Canada'. She understood & sent us on our way I've been in Canada ever since-about 3 months! But now, I'm nervous about leaving again because I'm scared they'll give me a hard time to get back in.

Hey, I completely understand!!! I am afraid to leave the u.s. to go back home to canada till my k-3 interview because they might give me an even harder time to get in from the last time I crossed over (Sarnia Ontario). I really do like how you were totally honest with them. They probably liked that too.

MC

Hi eaveryone,

Just to let you all from Canada who is waiting for k-3 visa for Montreal, I just got told my Operator 6 (by email) that my interview is scheduled for April 14, 2008. Hey, does anyone know where the casino is from the embassy. I am bringing my girlfriend along and she wants to go to the casino there. Great news, aye? Hope I have shed alittle hope for anyone else out there waiting. Operator 6 is wonderful to deal with.

Congratulations itsallgreek - great news!

If you mean the Casino de Montreal: http://www.casino-de-montreal.com/montreal/nav/en/home

The Embassy is at: 1155 rue St-Alexandré the casino is at 1 avenue du casino (how appropriate!)

From: 1155 Rue St-Alexandre

Montreal, QC, Canada

Drive: 6.1 km – about 11 mins

Thank you so so much for the directions. I will take them with me........wish me luck......with the casino and the interview!!!!!!!!

1. Head southwest on Boulevard René-Lévesque O toward Place du Frère-André 0.3 km

2. Make a U-turn at Rue University 35 m

3. Turn left at Rue University 16 m

4. Make a U-turn at Boulevard René-Lévesque O 0.6 km 2 mins

5. Continue on AUT-10 E 1.3 km 2 mins

6. Take exit 2 toward Pierre-Dupuy Ave/Port of Montreal/AV. Pierre-Dupuy/Port de Montréal 0.2 km

7. Merge onto Chemin des Moulins 0.3 km

8. Turn left at Avenue Pierre-Dupuy 1.6 km 3 mins

9. Continue on Pont de la Concorde 1.1 km 2 mins

10. Continue on Pont des Îles 0.2 km

11. Continue on Avenue Pierre-Dupuy 0.3 km 1 min

12. Turn right at Avenue du Casino 43 m

To: Avenue du Casino

Montreal, QC, Canada

Awesome!!! Congrats!!

Thank you very much. I can't think straight right now.!! have a great day!!!

Hi eaveryone,

Just to let you all from Canada who is waiting for k-3 visa for Montreal, I just got told my Operator 6 (by email) that my interview is scheduled for April 14, 2008. Hey, does anyone know where the casino is from the embassy. I am bringing my girlfriend along and she wants to go to the casino there. Great news, aye? Hope I have shed alittle hope for anyone else out there waiting. Operator 6 is wonderful to deal with.

Hi there,

What I did was take an EXACT copy of all the documents I sent with the I129f. I have had to often refer back to it so it really is helpful to keep an exact copy. The check itself is also just a copy too. No, you DO NOT pay twice. Send once !!!! copy once!!! hope it helps.

I know there are packet 3 questions sprawled all over the site. I did a lot of reading last night.

Mary received the packet 3 and I just wanted to confirm a few things.

Mary is going to schedule a medical exam and get her police & immunization records.

Mary already has her long form of her birth certificate.

Mary is going to fill out (fill out pdf and print) (2) DS-156, DS-156K, and DS-230 (Part 1) and mail (xpresspost) them in with the checklist.

We'll then wait for the packet 4?

Sometime closer to the interview I'll get my 134/Support Affidavit ready?

If we don't get our packet 4 by the expiration date on the NOA2 I'll write MTL a friendly email asking them to be sure to extend it?

I've been over it a million times and I just want to make sure I didnt miss anything. It's very stressful and we need to send it in asap just in case we do have to wait 6 months for an interview. Thanks!

The only thing I would do is start to get the I-134 going. There maybe somethings that you will have to get right up to the last minute like most recent paystubs and maybe 2007 tax return. That's about it.

Hello all.

My fiancee is awaiting receipt of Packet 3 from Montreal. Does anyone know if those forms (not sure how many) can be completed online? Also do the police report, medical, and I-134 need to go back with Packet 3, or do we just need to bring all those items to the interview? Any assistance with these questions would be much appreciated. Thanks

The bar code only contains all your information that you filled out on the form. It is meant for easy computation (ie, entering into the computer with just one scan of the code) you can fill it out as many times as you want. just remember to print the bar code page everytime.

thanks for your help. Good luck on your interview!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Hi everyone, I just filled out the electronic ds 156 and I didn't fill in some answers with na. I printed it with the barcode and now I have to redo it and add the na in. Can I do it or have I only got one chance at filling out the ds 156 with only one barcode #?

Hi everyone,

Thanks to all you how help out people like me. In my package 3 it says that if my name on my k-3 application isn't the same as my passpost I am to notify Montreal. Does anyone know why I have to do that as I did marry my husband and my passport isn't the same. Will that complicate my application and delay it at all? thanks all.

You've got two choices.

1. Change the name in the passport.

2. Notifiy Montreal and and include an explanation.

I recommend your passport bear your current legal name if it changed at marriage. It will make a lot of things simpler in the future.

thanks very much

Hi everyone,

Thanks to all you how help out people like me. In my package 3 it says that if my name on my k-3 application isn't the same as my passpost I am to notify Montreal. Does anyone know why I have to do that as I did marry my husband and my passport isn't the same. Will that complicate my application and delay it at all? thanks all.