Scared Canadian w/ Overstay

[Buttertart 0]

My USC boyfriend and I met at an anime convention in Toronto in May of 2008. This past July, I was denied entry for not having strong ties to Canada (intending immigrant). We've decided to apply for a K-1 and get married in LA, and then apply to be a permanent resident. I spent most of my time since March 2009 in the US, visiting him. A report I recieved a copy of states that my previous visit was an overstay (I was there for 6months+ a week or so). As a Canadian, I never needed a tourist visa to visit, and never had my passport stamped (if I was told I limit on my visit I would've obeyed that). But, stupidly, I didn't realize that there was an actual limit and that I could overstay even without having a visa to overstay.

Also, while I was in secondary inspection at Toronto Pearson, the officer asked if I had worked while I was there and I said no. But I am a freelance artist who works from home via web and he said 'how do I know you didn't work while you were there'.

So basically, I'm worried that my overstay/recent denial will prevent me from getting a visa (we haven't actually filed yet). I'm also worried that, down the line, the fact that I was visiting the US for a big percent of the last 12+months and am a freelancer will have a negative effect. I am filling Canadian income tax, but if they suspect I worked while in the US (because I could accomplish this from my bf's home over the net)how could I prove I didn't? All my contracts are paid via direct deposit, PayPal, or checks sent to my home address.

Also, my boyfriend will eventually have to declare financial responsibility for me, since I don't make much money. How do they assess if he can support me? His income in well above the poverty line, but living in LA is expensive--do they look strictly at his income as gross or do they consider his net worth instead? We got by fine while I was visiting but he does have a lot of debt.

Also, our first meeting doesn't have any photographic evidence; We have documents from the convention showing they booked him a hotel room, and the booking of his flight as well as a signed letter from the president declaring their knowledge that we met (since we were both guest speakers). I have my own reciepts for my hotel/travel. We'll also have a letter from his friend who was also a guest who was the one who introduced us as well as a copy of the page from the convention's program book where his headshot/bio appears above my name/bio as listed guests.

Sorry if I'm being too paranoid--these are my worries and I just want to try and be prepared. I'm have no clue how hard it is for a Canadian to get a fiancee visa. One more bit of paranoia: I am 26 and he is 46...I have no clue why the 20 year age gap would even be on my worry list but, there ya go...

Any words of wisdom would be a gift!

Love this site! Thanks~

[JimVaPhuong 4,863]

You overstayed less than 180 days so it shouldn't be a problem. The topic may come up at your K1 interview. Just be honest.

You didn't accept employment from a US employer while you were visiting, so there's no problem there. You can continue to work for your foreign employer, or in your case continue your freelance work, provided you maintain your residence and financial ties to your home country. This is to allow foreign employees to visit the US for conferences and conventions, meetings with the US branch of their employer, or even do limited work for the US branch of their employer or a client of their employer. What you can't do is establish residence in the US and abandon your foreign residence, even if you're still employed at the same job with the same employer. Anything comparable to a "transfer", even if temporary, would require a work visa.

There are significant exceptions to the above general rules. For example, a journalist ALWAYS needs a journalist visa if they are going to do any journalism work in the US, even if they are only visiting the US for one day.

I recall a VJ member from Japan who was working on a temporary assignment to the US branch of her Japanese employer. Instead of getting her a work visa, her employer just got her a B1/B2. She was stopped at the POE on her second entry and it was determined she was working illegally in the US. They gave her expedited removal and a five year ban from the US.

Your circumstances are a gray area. Can you prove you maintained a residence in your home country while you were visiting the US, and that you did not temporarily move your "home office" to the US while you were here? This would not be an issue while adjusting status after marrying your fiance, but it could be an issue in getting a visa. A consultation with an immigration attorney would be a good idea.

They will look at your fiance's current total income. It needs to be at or above 125% of the poverty guidelines for his household size. If his household will consist only of you and him, and he has no other dependents, then the threshold is currently $18,212 per year. If he's short than he can much up the shortage by proving he has at least 3X the shortage in assets. Or, he can get a co-sponsor who qualifies. They don't usually look at private debt. However, they can consider it if they know about it. They only consider the cost of living indirectly, in that the poverty guidelines are higher for Alaska and Hawaii. They are the same for all of the 48 continental states.

USCIS doesn't care when you met the first time. You only have to prove that you have physically met each other, face to face, at least one time in the past two years. First meeting, last meeting, or any meeting in between - doesn't matter.

Age difference is irrelevant for a Canadian. It only matters if the foreign fiance/e is from a country where it would be considered culturally inappropriate.

[Channah&Aaron 51]

My entry got denied once too, so I am also scared if it will delay my process..

Why I got denied?

1- I lied about the fact me and my fiance were dating, I told the officer we were just friends

2- The officer thought I wanted to work in the US, since he found a 2 year old job application online (internship). Though I wasn't looking for an internship in the US specificaly, he knew!

3- He thought I wanted to get married!!!! Which I swore to God that I didn't want to get married during my stay!

UGH!