overstaying questions

[2annie 2]

I am Canadian.

I have a valid passport.

I have traveled back and forth so many times from Canada to USA I can not count, and it has never been entered into my passport though it has been presented most times.

I was a victim of physical abuse and at the end of divorcing I was scared and alone and was invited by friends to stay with them, and anyway long story short version they divorced and her ex and I became more than friends and sincerely fell in love and are living together.

Not legally married

have overstayed by 4.5 years

have never worked or anything otherwise not legal.

Now I am ready to stay permanently and have no idea where to begin or how to make the next step. I would be very happy to hear from anyone who knows the ropes in this case

[milimelo 4,234]

2annie, I am moving your topic to AOS from tourist, work and student visas as you still haven't filed an AOS. I am sure there are other members who went through AOS while overstaying. Best of luck to you!

[Alla 3]

I am Canadian.

I have a valid passport.

I have traveled back and forth so many times from Canada to USA I can not count, and it has never been entered into my passport though it has been presented most times.

I was a victim of physical abuse and at the end of divorcing I was scared and alone and was invited by friends to stay with them, and anyway long story short version they divorced and her ex and I became more than friends and sincerely fell in love and are living together.

Not legally married

have overstayed by 4.5 years

have never worked or anything otherwise not legal.

Now I am ready to stay permanently and have no idea where to begin or how to make the next step. I would be very happy to hear from anyone who knows the ropes in this case

Sorry about your bad first marriage. I hope your present boyfriend will help you overcome bad memories.

Here is a list what you need to collect for AOS forms. Just start collecting things,copies and then fill out the forms.

http://www.visajourney.com/content/i130guide2

I wish you all the best!

[Laura & Kyle 16]

Not legally married

If you are not legally married, you and your live-in boyfriend cannot file for AOS. You have to be legally married first. Get through that "hurdle" first if you wish to AOS while here (on your overstay).

In your first marriage, were you in the US or Canada? Did you come over the US while visiting your "friends"? (I put in quotes as I don't think your female friend is really still your friend.)

If you go back to Canada to file the K-1 (fiance visa), you are highly likely to trigger a ban due to your 4.5 year overstay. So if you want to AOS, i'd suggest you get married.. like yesterday. If you're not ready for that, then your options are truly limited.

[EmVee 3]

You need to get married and file for AOS. If you don't want to get married... well, you can't file for AOS, so presumably you're open to the idea of marriage. So get married ASAP and do NOT go back to Canada for any reason before or during the AOS process or you'll trigger a ban and invalidate the process.

Once you're married, you can file immediately. The guides here are really helpful in letting you know what forms you need to fill out, what kind of evidence and paperwork you need, etc. It seems like a lot of stuff, but it's pretty straightforward, so as long as you're organized you'll be fine.

[Jannah1208 2]

Yes, get married and start your papers. My husband is an overstay 3 years. We married March 26th and I have all my paper's ready and recieved the last info I needed (civil surgeon),so I am all set to file. The ppl here are wonderful and can help guide you. It is not that difficult just alot of gathering and staying organized and focused. Need any thing just ask.

I wish you the best and much happiness.

Christine

[2annie 2]

If you are not legally married, you and your live-in boyfriend cannot file for AOS. You have to be legally married first. Get through that "hurdle" first if you wish to AOS while here (on your overstay).

In your first marriage, were you in the US or Canada? Did you come over the US while visiting your "friends"? (I put in quotes as I don't think your female friend is really still your friend.)

If you go back to Canada to file the K-1 (fiance visa), you are highly likely to trigger a ban due to your 4.5 year overstay. So if you want to AOS, i'd suggest you get married.. like yesterday. If you're not ready for that, then your options are truly limited

Thanks for the great replies

My first marriage and my children were and are in Canada. . .I sought refuge in the USA. All the children are over 18.

You are correct in assuming that the woman friend and I are no longer in contact.

My Fiance and I are definitely wanting to marry.

My question now is in the USA where we both are or do we need to make a trip to Canada?

[LIFE'SJOURNEY 970]

There are going to be documents you will need from Canada, such a valid passport, your Birth certificate, Divorce decree, correct dates of your 1st marraige. These documents will be important to the AOS process.

[Minya's wife 24]

There are going to be documents you will need from Canada, such a valid passport, your Birth certificate, Divorce decree, correct dates of your 1st marraige. These documents will be important to the AOS process.

But because of your overstay, you are subject to a ban from re-entering if you leave the US, so you should compile a list of documents you need from Canada and have a family member or friend gather them and send them to you. Your overstay may be forgiven upon marriage to USC and subsequent adjustment of status from within the US.

[milimelo 4,234]

Thanks for the great replies

My first marriage and my children were and are in Canada. . .I sought refuge in the USA. All the children are over 18.

You are correct in assuming that the woman friend and I are no longer in contact.

My Fiance and I are definitely wanting to marry.

My question now is in the USA where we both are or do we need to make a trip to Canada?

If you leave the US, you'd be triggering a 10-year ban due to your overstay of over 365 days. Get the paperwork you need sent to you ASAP, get married and send off the AOS.

[LIFE'SJOURNEY 970]

But because of your overstay, you are subject to a ban from re-entering if you leave the US, so you should compile a list of documents you need from Canada and have a family member or friend gather them and send them to you. Your overstay may be forgiven upon marriage to USC and subsequent adjustment of status from within the US.

Minya wife since this was stated in a previous post, I didn't think I needed to re-confirmed what was mentioned before. But, the OP stated in her orginal post that she has been traveling back and forth to Canada w/o any issues. I am not quite sure how this time would trigger a ban if she has been strolling back and forth from post to post prior to posting. See her orginal post, she states she have gone home many times without any problems.

[Deputy Purple 1,294]

Minya wife since this was stated in a previous post, I didn't think I needed to re-confirmed what was mentioned before. But, the OP stated in her orginal post that she has been traveling back and forth to Canada w/o any issues. I am not quite sure how this time would trigger a ban if she has been strolling back and forth from post to post prior to posting. See her orginal post, she states she have gone home many times without any problems.

Re-read the OP...

First she states that she has (past tense) traveled back and forth.

Then later she says that she has overstayed (assuming her last entry) by 4.5 years.

If she was been traveling back & forth and spending no more than 180 days in the US each time then there is no punishable overstay. On the other hand, if she has stayed continuously for that last 4.5 years then yes there should be a ban triggered if her presence is questioned.

I had a Canadian Resident girlfriend and even though they never stamped her passport CBP did seem aware of her crossing history and questioned her a couple of time on the frequency.

[2annie 2]

First she states that she has (past tense) traveled back and forth.

Then later she says that she has overstayed (assuming her last entry) by 4.5 years.

If she was been traveling back & forth and spending no more than 180 days in the US each time then there is no punishable overstay. On the other hand, if she has stayed continuously for that last 4.5 years then yes there should be a ban triggered if her presence is questioned.

Exactly my friend. . .it is the uncertainty of being questioned at stake with the result of banning. I have all the documents I need to be married. . . including the divorce cert. which I tucked in with my passport etc. . . . we gonna get it done asap. . . if we'd a known we would have done it much sooner.

[Starburst 4]

I just wanted to wish you the best of luck.

I filed for AOS last year with a 3 year overstay and I had a prefect AOS journey. Everything done in 2.5 months.

All I can say is gather every single piece of evidence you can think of. Anything that shows you were only visiting, still had ties back to Canada ect..

Feel free to PM me anytime with questions!

/starburst

[juliava 80]

I would like to add one more thing: if you file for AOS, don't waste your time applying for Advance Parole. If you overstayed, the AP is useless.