2cerises

Ok, so it likely will not be longer than a year - but the only thing is that I don't have the criminal record checks myself anymore, will that be a problem? For my K1 I was able to give copies of every document except for the police records, they said they require the originals for those. So they are now in their hands (either in the sealed envelope they gave me or in a file somewhere I assume/hope). Is that ok if it's in their hands?

Thanks!

Not if your original one was done within the last year for the k1.

Hi there,

Do I need to provide a new criminal record check when applying for the AOS? I have just gone through the K1 process and provided the criminal record check documents from each country I've lived in for longer than 6 minths in order to get the visa. Should I get new copies to include in the AOS package before I leave Canada?

In the instructions for the I-485 it looks like you only need that if you've had any convictions or criminal past etc... Did I understand that correctly? I just want to be sure.

Thanks!

So for the benefit of others who will go through this in the future, how exactly did PoE go? What did the IO ask? How did he answer? What particular answer did you give that you think triggered the transfer to secondary, and how did the secondary discussion go?

How long, BTW, did they let you in for? Did they give you a time limit? It'd be really interesting to get this info "straight from the CBP officer's mouth", so to speak.

Thanks HeatDeath! No problem, I'll have to explain a bit of history here and there, as I have been denied entry once and that affected the whole process - so it might be a long story, but here's what happened...

I went through an airport this time, instead of driving across the land border, where I was denied entry once last year. (This was a shorter visit and not worth the driving time.) I went up to the first customs officer behind the glass and handed him my passport and customs form. He asked me the purpose of my trip (I said to visit my fiance), he asked "Is he a US citizen?" (I said yes) and while he scanned my passport he asked me how long my visit would be (a couple of weeks). After he finished scanning my passport he must have seen an automatic flag that I was denied entry once before, because he basically pointed me towards the secondary screening room immediately after that!

The second guy was very nice and he also scanned my passport in his computer, and said "Ok, so I guess you've been denied entry before and you know how this goes..." I wasn't exactly sure what he meant so he said, "They probably gave you a list of things you need to bring to show ties to your country?.." I said yes, and brought out my folder of documents.

I had with me the entire I-129F petition, the NOA1, which he said were the most helpful of all. He even took the case number from my NOA1 and entered in the computer and said that would make things easier in the future (I guess if I ever need to visit again?). I had my car registration papers, a recent Internet bill, bank account statements, my travel health insurance purchased for the exact length of my stay, and the employment contract from my new employer. The officer asked me what's in my (huge!) suitcase, "so that he wouldn't have to look in it himself" and I told him, and then he looked in it anyway. He looked through my carry on stuff as well.

He asked me questions about why I was denied entry the previous time, like what they found in particular that made me look like I may intend to stay etc... One big difference this time also is that I was employed, whereas the time I was denied I was not (I had just quit my job so that I could spend a couple of months with my fiance). I don't own or rent property now, nor did I before - so that hadn't changed. I had a return flight and he did not limit my stay - just gave me the regular B2 stamp. (I was given an I-94 last year when going by car to attempt that same visit that I was denied entry at the first time.)

Basically, as we've all been told, you have to tell the truth, and even if some of them are mean (and some were very mean and rude!) don't let them make you feel like you're doing anything wrong. That said, I was definitely nervous, and had my dad wait outside the gates in case they wouldn't let me through. I was so happy when it was over and texted my fiance right away! Hopefully this is the last "visit" unitl my visa is approved!

Hope that helps anyone else who has questions or doubts about the situation. I was worried I'd lose my money for the flight if they denied me, but fortunately I don't have to worry about that now.

It's so wonderful to be together again, even if only for a couple of weeks!! And this will be our first Valentine's Day together!!!

I just clicked on that link and didn't see anything about 90 days. Can you be more specific? I've never heard of 90 days for a Canadian...and we don't have a visa to use. lol

Hi there!

Sorry for my late reply ...I was travelling all day yesterday (3 flights!) and am finally here visiting my fiance! They let me through the border, though I did have to go through secondary screening - but it was all good! The officer said the fact that I brought the NOA1 and I-129F petition packet were extremely helpful.

Ok, so I think I included the wrong link, it's actually the one below... but I also think I misread it... it was talking about people from visa-waiver countries only - not Canadians. Sorry to raise any alarm ...I'm just learning, but I should have known better knowing the snow-birds do it all winter - and I just should have read more carefully! Too many things going on right now... I'm looking forward to the R&R while I'm down here!

https://help.cbp.gov/cgi-bin/customs.cfg/ph...Xh0PWNhbmFkaWFu

Thanks!

http://www.lectlaw.com/def2/m127.htm - basically, misrepresentation is when you make a statement you know to be false in order to mislead the person you are making the statement to.

I wasn't meaning to imply that you were going to misrepresent yourself - only qualifying the statement for other readers.

You're right, if you are denied entry "without prejudice" (legalese for simply not admissible, but they won't hold it against you), then it won't affect the outcome of your visa decision.

No problem, I didn't think you were implying that. Thanks for the definition.

I've actually ensured that I'm now under the 6 months total for time allowed in the U.S.. I leave on Tuesday!!! I'm so excited! I hope hope hope that they let me enter! Fingers crossed!

Thanks to all for your advice!

It's 2010. You haven't been there since 2009. Your 5 months there was not continuous. I wouldn't worry about anything. You can visit during the process as long as you have proof of ties to Canada. You've experienced that already in that you have said you were denied entry a couple of times due to not working or something. You're visiting. End of story.

Canadians don't enter on a B-2, or the VWP, we just enter, if we're allowed. You know the deal now. If you're allowed in, you are, and don't stay past 6 months. If you don't get in, it will be because of not having enough ties.

Come visit us in the Canada forum for these type of specific questions. There ARE differences between Canada/US visiting.

http://www.visajourney.com/forums/index.php?showforum=93 - for the Canada Forum

http://www.visajourney.com/forums/index.php?showtopic=191858 - Second post has specific questions as they relate to this process and Canada

http://www.visajourney.com/wiki/index.php/Canada - this is for the Canada Wiki Guide - again, specifics for Canadians going through this process

Thanks for those links Carlawarla! I found it a bit hard to navigate through the site initially, but I'm slowly figuring it out!

Interestingly, on the second link you sent, the poster included a link to the U.S. Customs and Border Patrol site which actually states that you cannot spend more than 90 days on a visit, if you intent to visit for more than 90 days you need a visa. That I didn't know!

https://help.cbp.gov/cgi-bin/customs.cfg/ph...amp;p_topview=1

Thanks again, see you in the Canadian forum!

What she's talking about will in no way jeopardize her K1 visa or adjustment. The only risk is that some CBP officer may deny her entry (being denied on a visit is not grounds for visa denial - UNLESS you are found to be misrepresenting yourself).

OP you got us all excited because you said the "Overstay" word, but as was mentioned, this isn't really an overstay, it's something else. Check out the visiting FAQ for ties to Canada which you may find you need to show this time. Also, when Nik visited between NOA1 and NOA2, showing the receipt notice was very helpful when he got pulled into secondary inspection.

http://www.visajourney.com/forums/index.ph...mp;page=k1visit

Could you please explain, what does that mean to "misrepresent myself"? I have no intention of lying, or staying, or jeoprodizing our visa application in any way naturally. It was frightening enough when I was denied entry that one time - I was so scared and thought I was in trouble and that we might have problems with the immigration process we knew we would have to go through later on etc.. but I have since read on some VJ posts that it (the denial of entry) does not affect the approval decision.

Sorry to incorrectly call it an overstay - if that's not what it is, do you know what it is technically called then? I thought that it was an overstay because of the 6 month limit for tourist entry, B-2 I think it's called, but am not 100% sure.

Hunting around on some Snowbirds (Canadians, usually senior citizens, who spend literally all of the winter months RVing around the southern US) sites and forums, it seems that if a Canadian spends more than 183 days in any calendar year they become considered as a "resident alien" for tax purposes. It becomes necessary to file a special form with the IRS to avoid being taxed on Canadian pension income. This occurs even if you never overstay any particular visa or admittance term.

Their community seems concerned over the increasing computerization of the Canadian border, and the idea that the precise durations of their stays in the US are being more carefully tracked.

More research would be necessary to confirm this, but it seems to me that the primary problem in this trip taking the OP over 182 days of stay in the US is taxation based, not immigration based. I would expect it to be less, or at most as much of a problem with USCIS as a standard visa overstay: not advisable, but not showstopping either. Full disclosure is, of course, absolutely mandatory.

A more immediate problem may be with clearing immigration and customs at the Canadian airport. The IO may very well see on his computer that this trip would put you over, and simply deny entry. At the very least they will require proof of significant ties to Canada.

I understand the importance of Valentine's Day. This will be the first I've actually been able to spend with my wife. but I would strongly recommend, if at all possible, rearranging the arrival and departure dates with the airline to keep your number of days in the US this year under 182, even if that means your trip is only a few days long, right on Valentine's Day. They will probably charge a fee of approximately 100 dollars for this, but better that then to risk being denied entry altogether.

The 5 and a half months time in US was all in 2009, and I have not yet spent any part of 2010 in the US. However, I thought that for immigration purposes the 6 months we are allowed to visit is within any one year period, not from Jan-Dec. (I'm assuming for taxation it is Jan-Dec though, but hopefully that doesn't come into play.)

I am aware that I may be refused at the POE... in fact I was refused entry once already last year. We were driving down and I was unemployed at the time (I had quit my job so that we could spend some time together). They let me in later but gave me an I-94 and limited my stay to 2 months, which I adhered to. This time I am employed (well, I start as soon as I get back from my trip - I have the employers letter of offer/contract and will bring it with me) and I plan to bring all my papers from the I-129F. Hopefully they will let me through.

I do not think that they will even see how many days I've stayed in the US because the other two trips were driving, and they do not stamp our passports when crossing by land. They do have a record of the 2 months during the last visit however, via the I-94.

Hi there,

I'm fairly new at this ...we've filed for our I-129F, still awaiting NOA2 (any day now!). I'm the Canadian fiancee, and am going to visit my honey in the US for a couple of weeks. I have already spent roughly 5 and a half months out of the past year in the US visiting him, so this trip would actually be a slight overstay past the 6 month rule Canadians are allowed.

My question is, will overstaying by merely a week or so cause problems later at my interview? (I noticed that in the form we have to write the dates of all our visits to the US.)

Thanks!

I signed up for case updates on the USCIS site. When you do that, you can log into your account and you'll find your case number and you can see a section that shows the update/date. When the update changes you'll see a new date; that means the case has been scanned or worked on. It's different than simply adding your NOA1 receipt number and getting your case status. I don't know how accurate the updates are given other people's posts. Mine hasn't been 'updated' or touched since Jan 8th.

...

Ok, I see where you mean. I had also signed up for case updates but I didn't realize that the "Last Updated" field is what everyone was talking about.

Thanks a lot!

there you go...

Hi, sorry but I would also like to know how your case has been "touched". What do you mean "there you go?". Where is the website that tells you this, or do you get e-mails sent to you when this happens?

Thanks!

Hi all,

We're November 2009 K1 Filers as well - just a little slow at joining the group online!

We mailed in on Nov. 4th and received the NOA1 dated as Nov. 9th.

We're are also wondering why the processing times at VSC are going backwards! We thought we were mis-reading the graphs or something, but looks like everyone is disappointed/confused as well.

Good luck to everyone!