Confused, confused, confused.

[thetreble 19]

Woah there is so much information in this one thread, some correct and some not, that we might be confusing the OP. Someone should clarify, maybe in some bullet points, on what exact the OP can and can't do.

[Krikit 1,164]

Ha ha. If you had said that in a business meeting, Amanda, .... guess who'd get the job?

[thetreble 19]

Ha ha. If you had said that in a business meeting, Amanda, .... guess who'd get the job?

NOT ME! haha It's what I like to call..passing the buck.... I do it every day HAHA

[MsZ 6]

Bottom line is she can't stay here once her current 6 months is up and she won't be able to come back for another 6. She may get away with visiting but she can't come to stay and if she does, she'd better not leave because chances are she won't be allowed back in. And then they'd need a waiver if she overstays. (But that can risk a ban if it is over a year I believe)

But then he's not even eligible to sponsor her for a K-1 because he's not divorced yet. So she's going to have to go back to Canada or find an alternative route into the US or risk a 3 year ban because until he's divorced, she has zero K-visa opportunity. I think the real question here is how long will this divorce take?

[Flames9_RN 358]

If she came into the USA with NO intent of staying then decided to stay,she COULD stay and AOS!! There are soem VJ members that have done this.

[thetreble 19]

If she came into the USA with NO intent of staying then decided to stay,she COULD stay and AOS!! There are soem VJ members that have done this.

Like me...I went as a visitor and we ended up getting married. It was not my intention to marry when I first entered the US, but once I did get married we filed for AOS and I was in the US for almost a year without going home.

[Flames9_RN 358]

yep like thetrbel stated!! 1 downside of going that route is that if you leave the USA before u can finish AOS or get Advance parole, is that you may not be allowed to reenter,then you have to start over with a k3 or cr-1! So if someone dies, big family event, you may not be able to go!! And of course u can't work! but its an option

[MsZ 6]

The problem is that in this case, her intention is to marry and stay. And that is illegal.

Edited October 23, 2008 by MsZ

[Flames9_RN 358]

The problem is that in this case, her intention is to marry and stay. And that is illegal.

She is already in the USA!!

[canadian_wife 1,822]

I think what MsZ is saythat is that if she leaves and then returns, THEN her intent in going to the US is to stay and marry, that's illegal

But her fiancee is not divorced yet and she's facing the end of the 6 months she's been permitted to stay.

It sounds like if you leave now, there's a good chance you wont' be allowed back in. So if you stay past your 6 months, will that complicate your case?

[MsZ 6]

If he can get divorced before the next six months, she can probably get away with an overstay. But as stated earlier, she can't leave the US because it is too risky. Probably the thing to do is to risk the overstay for close to a year and then if he's not going to get divorced, voluntarily leave. Then they'll file a waiver when he petitions for a K-3 or K-1 or whatever. I mean if she's hell bent on staying in the US.

I wouldn't be able to do the above (of course I'm the USC, but my husband has been communting for a while now!) because it is risky and, I'd have to be independently wealthy since you can't work under these circumstances. And then having to return to Canada after a year away means you have to find work, a place to live, etc. and that's probably going to be challenging. So the above isn't without risk.

Not to cast aspersions but I'd also be very sure that it isn't him who is dragging out the divorce. It happens too often. So check that the papers have indeed been filed. They're a matter of public record. And push him to get his lawyer to push the court. I don't know where he lives but sitting on a divorce for no reason doesn't really happen often.