stayinin u.s. waiting for k-3 interview-can I be denied at interview?

[itsallgreektome 0]

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?

[spauldingjeffrey 0]

they are refering to the 601 waiver but honestly i dont think you will need it. but fill it out and bring it in any way but you will have to prove extreem hardship and dont forget the 400+ dollars it cost to file it. but like i said i really dont think you will need it. you live near toronto so im sur before you went to visit your husband you went to the US to do shopping or other stuff. Honestly if they ask you when the last time you visted the us be honest and tell them of your last vist and thats it. Just be direct and dont give more info than what they ask for.

[Flames9_RN 358]

exactly,never lie, lying will lead to more difficulties!! Answer their questions honestly, one doesn't have to blab away,lol

[BIGG DADDY 0]

Hi.

Unless you've already been documented by the US for overstaying ie. by a judge there's really no way they can prove when where and how long you've overstayed. I would not bring anything to their attention unless they ask....but without an I-94 stating when you entered and when you were supposed to leave they can't bar you legally.

But keep in mind....they can basically do as they please when it comes to denials.

[Krikit 1,165]

Sorry, AllGreek. I never bothered reading your post until now. You're alright. Each entry restarts the clock.Here's a link.

[itsallgreektome 0]

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

[Krikit 1,165]

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

[itsallgreektome 0]

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

[Marilyn. 340]

I remember there was one person who used to frequent this site who basically "lived" in the US until the interview.... I think his/her name was cmartyn or something like that...

[Krikit 1,165]

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.

[itsallgreektome 0]

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

[Caladan 19]

Overstaying a visa by 180 days (so for a Canadian entering the usual way, an unbroken year total) would incur a ban. You'd have the six months normally allowed a Canadian, then another six months, before a ban upon reentry would occur.

That's different from exceeding the 180 day per annum maximum (calculated by adding up all the time within the previous twelve months) allowed Canadians. In all of her visits, she hasn't overstayed. She is close, however, to accruing 180 days of time in the U.S.

She hasn't overstayed, so she won't incur a three year ban for overstaying. (One could easily do that in one month here, one month there increments.) And I believe that the only penalty for spending too much time in the U.S. is getting denied at the border because of presumed immigrant intent. This isn't an overstay because she keeps going home; whatever bans affect overstays don't apply here at all.

(One might want to check if there are any penalties for spending more than six months in the U.S., but I think all they make you do is get a tourist visa or other visa before allowing you back in. And if there's no I-94, they have no idea how long you've been here anyway.)

Edited March 21, 2008 by Caladan

[Krikit 1,165]

That's different from exceeding the 180 day per annum maximum (calculated by adding up all the time within the previous twelve months) allowed Canadians. In all of her visits, she hasn't overstayed. She is close, however, to accruing 180 days of time in the U.S.

Guess you missed Post #20. lol. The 180 day clock is not cumulative... it restarts upon re-entry.

From the cbp.gov site:

"your re-entry will be considered to be a new admission"

"The burden of proof is always on the applicant. There is no set period of time Canadians must wait to re-enter the U.S. after the end of their stay, but if it appears to the CBP officer that the person applying for entry is spending more time over-all in the U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents. One of the ways to do this is demonstrate significant ties to their home country, including proof of employment, residency, etc."

The link for Canadians to extend their six month stay to 12 months is here.

[Caladan 19]

What you've bolded says 'no time before re-entry', not 'there isn't a six month maximum per annum, even if accrued in several visits.'

Every new entry is a new entry and a new clock for legal presences and for accruing an overstay. That's true of any visa. Of any entry. That doesn't at all speak to whether there are any restrictions on how much time one can spend per annum in a country.

My point is that in any case, she hasn't overstayed a blessed thing, regardless of how the six months is calculated. One can't accrue overstay time by adding up days from seven separate visits and seeing if it's over 180.

[itsallgreektome 0]

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