Can I stay in US? Urgent help please!

[Jeanlovesandy 0]

I am a Canadian, Married a greedcard holder last Feb in California. He will be a US citizen tomorrow, . I visit him every month. But last July, I did not tell the border the truth ( I said shopping. they caught me) and they denied my enter. Since then, I had to apply for tourist visa visit my husband.

But last time in Sept when I entered the border, they warned me that I visited my husband too often. I think if I return to Canada, they won't let me in any more. We love each other so much. We can not separate for several months.

We are going to apply K3 visa. Can I overstay in US? what will happend if I overstay?

Help please. Thank you.

Jean

[LuckyDucky 0]

But last time in Sept when I entered the border, they warned me that I visited my husband too often. I think if I return to Canada, they won't let me in any more. We love each other so much. We can not separate for several months.

We are going to apply K3 visa. Can I overstay in US? what will happend if I overstay?

Hrm. I'm surprised no one else has posted. Unfortunately, I'm not 100% sure about overstays because I never really thought about it. However, I have read quite a few posts about it on hereas well as did a little google on overstays.

So here's an initial post that's cobbled together from what I've read on here. Bear in mind that others may have more information, but I thought I'd post to get the topic moving ...

My understanding is that an overstay can result in a ban from entering the US again. Staying under 180 days does not result in any ban, though there might be issues getting a visa later. If you stay beyond 180 days, but under 1 year, there is a 3-year ban. A greater-than-1-year overstay results in a 10-year ban.

USCIS may, at its discretion, make an exception to the ban for an immigrant who is the spouse (or child) of a US citizen or permanent resident if youc an prove "extreme hardship". However, I don't have any further details about that.

Because of all the visits, I believe that there is a fear you will immigrate to the US illegally. The fact that your husband is here may also show you have more ties here than in Canada. Trying to circumvent the law by overstaying in the US will most likely have a negative impact on gaining approval for your K3 visa in the future. However, I could be wrong.

I'm not sure if there are any other options to stay here legally with your husband. The only one I can think of is that you get married while on your visit, but had no intention of getting married when you first arrived. Since you're already married, this option is closed to you.

Hope someone else has a better answer, since mine is admittedly a bit of a downer ...

[Wis-Can 0]

Everyone on here doesn't like being separated from their loved ones, but why would you want to jeprodize your chances of a obtaining a Visa by overstaying on a tourist one. I can't imagine it winning you any points. I cry every day that I'm not with my honey, but by doing it the "legal" way is the best thing for us in the long run. If it were me, I wouldn't risk it. Maybe someone else on here can give you some more advice. Take care and good luck.

[diadromous mermaid 36]

I am a Canadian, Married a greedcard holder last Feb in California. He will be a US citizen tomorrow, . I visit him every month. But last July, I did not tell the border the truth ( I said shopping. they caught me) and they denied my enter. Since then, I had to apply for tourist visa visit my husband.

But last time in Sept when I entered the border, they warned me that I visited my husband too often. I think if I return to Canada, they won't let me in any more. We love each other so much. We can not separate for several months.

We are going to apply K3 visa. Can I overstay in US? what will happend if I overstay?

Help please. Thank you.

Jean

Well, since he has been a PR for some time and is a US citizen now, what prevents him from visiting you while you wait for the appropriate immigrant visa?

[pushbrk 13,072]

Everyone on here doesn't like being separated from their loved ones, but why would you want to jeprodize your chances of a obtaining a Visa by overstaying on a tourist one. I can't imagine it winning you any points. I cry every day that I'm not with my honey, but by doing it the "legal" way is the best thing for us in the long run. If it were me, I wouldn't risk it. Maybe someone else on here can give you some more advice. Take care and good luck.

From my reading, your intent at last entry was to visit. You only became concerned after being warned you were visiting your husband too often. Unless I'm missing something you entered without intent to immigrate. If you now desire to stay, I don't see any reason why you wouldn't be able to simply file to adjust status. If you do file, don't leave the USA until you have a green card.

[diadromous mermaid 36]

Everyone on here doesn't like being separated from their loved ones, but why would you want to jeprodize your chances of a obtaining a Visa by overstaying on a tourist one. I can't imagine it winning you any points. I cry every day that I'm not with my honey, but by doing it the "legal" way is the best thing for us in the long run. If it were me, I wouldn't risk it. Maybe someone else on here can give you some more advice. Take care and good luck.

From my reading, your intent at last entry was to visit. You only became concerned after being warned you were visiting your husband too often. Unless I'm missing something you entered without intent to immigrate. If you now desire to stay, I don't see any reason why you wouldn't be able to simply file to adjust status. If you do file, don't leave the USA until you have a green card.

Not wise guidance since you are not aware of any exchange of information at the POE.

[pushbrk 13,072]

Everyone on here doesn't like being separated from their loved ones, but why would you want to jeprodize your chances of a obtaining a Visa by overstaying on a tourist one. I can't imagine it winning you any points. I cry every day that I'm not with my honey, but by doing it the "legal" way is the best thing for us in the long run. If it were me, I wouldn't risk it. Maybe someone else on here can give you some more advice. Take care and good luck.

From my reading, your intent at last entry was to visit. You only became concerned after being warned you were visiting your husband too often. Unless I'm missing something you entered without intent to immigrate. If you now desire to stay, I don't see any reason why you wouldn't be able to simply file to adjust status. If you do file, don't leave the USA until you have a green card.

Not wise guidance since you are not aware of any exchange of information at the POE.

"From my reading" and "Unless I'm missing somthing." If there's additional information not provided for me to read, the response could change significantly.

[MaxOnline 0]

I am a Canadian, Married a greedcard holder last Feb in California. He will be a US citizen tomorrow, . I visit him every month. But last July, I did not tell the border the truth ( I said shopping. they caught me) and they denied my enter. Since then, I had to apply for tourist visa visit my husband.

But last time in Sept when I entered the border, they warned me that I visited my husband too often. I think if I return to Canada, they won't let me in any more. We love each other so much. We can not separate for several months.

We are going to apply K3 visa. Can I overstay in US? what will happend if I overstay?

Help please. Thank you.

Jean

This might result into the denial of any type of visas you're intending to apply for! get back to Canada and apply for CR1 or K3 visa! and wait...

[LuckyDucky 0]

Everyone on here doesn't like being separated from their loved ones, but why would you want to jeprodize your chances of a obtaining a Visa by overstaying on a tourist one. I can't imagine it winning you any points. I cry every day that I'm not with my honey, but by doing it the "legal" way is the best thing for us in the long run. If it were me, I wouldn't risk it. Maybe someone else on here can give you some more advice. Take care and good luck.

From my reading, your intent at last entry was to visit. You only became concerned after being warned you were visiting your husband too often. Unless I'm missing something you entered without intent to immigrate. If you now desire to stay, I don't see any reason why you wouldn't be able to simply file to adjust status. If you do file, don't leave the USA until you have a green card.

I know I'm not the OP, but I thought this was interesting so I wanted to ask for clairification:

Even though the OP plans on filing for K-3 in the future, is it ok for her to file for adjustment of status as long as she did not originally intend to immigrate on this particular visit?

Thanks!

[Minya's wife 25]

Everyone on here doesn't like being separated from their loved ones, but why would you want to jeprodize your chances of a obtaining a Visa by overstaying on a tourist one. I can't imagine it winning you any points. I cry every day that I'm not with my honey, but by doing it the "legal" way is the best thing for us in the long run. If it were me, I wouldn't risk it. Maybe someone else on here can give you some more advice. Take care and good luck.

From my reading, your intent at last entry was to visit. You only became concerned after being warned you were visiting your husband too often. Unless I'm missing something you entered without intent to immigrate. If you now desire to stay, I don't see any reason why you wouldn't be able to simply file to adjust status. If you do file, don't leave the USA until you have a green card.

Not wise guidance since you are not aware of any exchange of information at the POE.

"From my reading" and "Unless I'm missing somthing." If there's additional information not provided for me to read, the response could change significantly.

I think the OP said something about being told at the POE that they thought she was visiting her husband too often....which would indicate that they suspected something of an 'immigrant'-ish intent. I wouldn't risk filing AOS from within.

Jean, if you and your husband file the paperwork for an spousal visa, you can stay with him here until it is close to the time for your visa interview. Then you must return to Canada to be interviewed at the US consulate there. Your husband can visit you at that stage so you do not have to be apart too many months.

-P

[Minya's wife 25]

Everyone on here doesn't like being separated from their loved ones, but why would you want to jeprodize your chances of a obtaining a Visa by overstaying on a tourist one. I can't imagine it winning you any points. I cry every day that I'm not with my honey, but by doing it the "legal" way is the best thing for us in the long run. If it were me, I wouldn't risk it. Maybe someone else on here can give you some more advice. Take care and good luck.

From my reading, your intent at last entry was to visit. You only became concerned after being warned you were visiting your husband too often. Unless I'm missing something you entered without intent to immigrate. If you now desire to stay, I don't see any reason why you wouldn't be able to simply file to adjust status. If you do file, don't leave the USA until you have a green card.

I know I'm not the OP, but I thought this was interesting so I wanted to ask for clairification:

Even though the OP plans on filing for K-3 in the future, is it ok for her to file for adjustment of status as long as she did not originally intend to immigrate on this particular visit?

Thanks!

This is a slippery-slope...but yes, AOS can be filed if the original intent upon entry, was not to emigrate. How do you prove that? You must be able to show all the ties you have to your home country (apartment, job, accounts, etc.) to demonstrate that upon entereing, you had no intention of staying.

But the case of the OP is a bit more precarious because it seems that they're aware (at the border crossing) of her marital relationship with an American...and are cognizant that she visits often. Proving that she had not immigrant intent may be a little harder in this case.

-P

[john_and_marlene 162]

Everyone on here doesn't like being separated from their loved ones, but why would you want to jeprodize your chances of a obtaining a Visa by overstaying on a tourist one. I can't imagine it winning you any points. I cry every day that I'm not with my honey, but by doing it the "legal" way is the best thing for us in the long run. If it were me, I wouldn't risk it. Maybe someone else on here can give you some more advice. Take care and good luck.

From my reading, your intent at last entry was to visit. You only became concerned after being warned you were visiting your husband too often. Unless I'm missing something you entered without intent to immigrate. If you now desire to stay, I don't see any reason why you wouldn't be able to simply file to adjust status. If you do file, don't leave the USA until you have a green card.

Not wise guidance since you are not aware of any exchange of information at the POE.

"From my reading" and "Unless I'm missing somthing." If there's additional information not provided for me to read, the response could change significantly.

I think the OP said something about being told at the POE that they thought she was visiting her husband too often....which would indicate that they suspected something of an 'immigrant'-ish intent. I wouldn't risk filing AOS from within.

Jean, if you and your husband file the paperwork for an spousal visa, you can stay with him here until it is close to the time for your visa interview. Then you must return to Canada to be interviewed at the US consulate there. Your husband can visit you at that stage so you do not have to be apart too many months.

-P

If she overstays her I-94 for too long, she can incur a ban from entry, be initially denied the visa and need a waiver to even get the spousal visa. I consider your suggestion bad advice.

If she overstays, she is better to have submitted AOS and not leave the US at all.

Edited October 9, 2008 by john_and_marlene

[Minya's wife 25]

Everyone on here doesn't like being separated from their loved ones, but why would you want to jeprodize your chances of a obtaining a Visa by overstaying on a tourist one. I can't imagine it winning you any points. I cry every day that I'm not with my honey, but by doing it the "legal" way is the best thing for us in the long run. If it were me, I wouldn't risk it. Maybe someone else on here can give you some more advice. Take care and good luck.

From my reading, your intent at last entry was to visit. You only became concerned after being warned you were visiting your husband too often. Unless I'm missing something you entered without intent to immigrate. If you now desire to stay, I don't see any reason why you wouldn't be able to simply file to adjust status. If you do file, don't leave the USA until you have a green card.

Not wise guidance since you are not aware of any exchange of information at the POE.

"From my reading" and "Unless I'm missing somthing." If there's additional information not provided for me to read, the response could change significantly.

I think the OP said something about being told at the POE that they thought she was visiting her husband too often....which would indicate that they suspected something of an 'immigrant'-ish intent. I wouldn't risk filing AOS from within.

Jean, if you and your husband file the paperwork for an spousal visa, you can stay with him here until it is close to the time for your visa interview. Then you must return to Canada to be interviewed at the US consulate there. Your husband can visit you at that stage so you do not have to be apart too many months.

-P

If she overstays her I-94 for too long, she can incur a ban from entry, be initially denied the visa and need a waiver to even get the spousal visa. I consider your suggestion bad advice.

If she overstays, she is better to have submitted AOS and not leave the US at all.

You're right...IF there is a danger of overstay, the OP should leave the country to not incur a ban.

Thanks for clarifying. I thought to provide an alternative, as the OP was so adamant not to be separated from her husband for too long.

Just curious though...I may be wrong, but I remember reading somewhere that when crossing by car at the Canada/US border, sometimes no stamping of passports occurs...probably because until recently passports were not even a requirement to cross the border, right? So, theoretically, if there is no date or 'expiration' stamped in the passport, one could stay until close to the time of interview, right?

[Jeanlovesandy 0]

Thank you , Guys, for your time and all the suggestions.

I did not get any chance to get online after I posted my help. Sorry for not getting back earlier.

I made an appointment with an immigrant lawyer tomorrow afternoon about my probably overstay and will let you know what are my options. so if someone in the future has similiar situations, we can give advices.

In fact, i did not have any intention to overstay when entered. I still have apt rent, car, job ...etc. in Canada. if overstayiing, I will have to deal with those problems.

Again, Thank you all.

Jean

[john_and_marlene 162]

Thank you , Guys, for your time and all the suggestions.

I did not get any chance to get online after I posted my help. Sorry for not getting back earlier.

I made an appointment with an immigrant lawyer tomorrow afternoon about my probably overstay and will let you know what are my options. so if someone in the future has similiar situations, we can give advices.

In fact, i did not have any intention to overstay when entered. I still have apt rent, car, job ...etc. in Canada. if overstayiing, I will have to deal with those problems.

Again, Thank you all.

Jean

I imagine he will advise you to stay and adjust status as soon as your husband can get his naturalization certificate.