Fear of Deportion After Interview.

[Iraphine 0]

I am a Canadian Citizen married to an American Citizen, we have just passed our 2 and a half year of marriage mark. We also are nearing the end of the whole CR1 visa journey and am just waiting for an interview date in Montreal. I have overstayed my welcome by a significant amount of time in the US, I visited Canada for 3 weeks during Christmas of 2008-2009, after previously being in the US for over 12 months. I had no problems getting back to the US after my trip.

I am afraid when my husband and I leave the US where we reside now and go to Canada for the interview, that they will not allow me back, even if my visa interview goes well, and my passport gets stamped til I receive my cards. Is this statement true? I herd that the USCIS will forgive you if you overstated as long as you are married to a US citizen, Is this true?

I intend to be 100% truthful at my interview, and do not plan to withhold any information on the form indicating my US visits prior to my interview. I am very afraid this has jeopardized my migration to the US to start my life with my husband, any insight and help is always welcome, I appreciate any answers, it may help me breath a little easier, and have me not worry 24/7.

[Bobby+Umit 161]

How much overstay do you have?

more than 180 days?

[Iraphine 0]

How much overstay do you have?

more than 180 days?

Yes, defiantly. Over a year of overstay.

[Bobby+Umit 161]

Ouch - that could trigger a 10 year ban on returning to the US after the interview in Canada.

Overstay is generally forgiven - if your still in the US. If you leave with an overstay, and attempt to come back in, you could trigger the ban.

You might have to apply for a waiver of inadmissibility. You should consult with a lawyer/INFOPASS to see what you can do.

[oceansea1 0]

i read that this is usually waived when you marry a US citizen...it would be crazy to separate you now, i'm hoping that consulate will use common sense...

but only bring it up if they ask...

[Iraphine 0]

i read that this is usually waived when you marry a US citizen...it would be crazy to separate you now, i'm hoping that consulate will use common sense...

but only bring it up if they ask...

Thanks for the answers, I don't quite feel better about the situation, but it is good to know.

I wonder if I can just have my interview in the US then =( Probably not, that would be too easy

[Bobby+Umit 161]

i read that this is usually waived when you marry a US citizen...it would be crazy to separate you now, i'm hoping that consulate will use common sense...

but only bring it up if they ask...

Yes - again, if your still in the US.

She wants to leave and come back in. This is similar to leaving with an AP. If you have overstay (180+), and attempt to come back in (even being married to a USC), they can ban you from entry.

(this is one of the warnings in the AP instructions).

[Bobby+Umit 161]

i read that this is usually waived when you marry a US citizen...it would be crazy to separate you now, i'm hoping that consulate will use common sense...

but only bring it up if they ask...

Thanks for the answers, I don't quite feel better about the situation, but it is good to know.

I wonder if I can just have my interview in the US then =( Probably not, that would be too easy

Probably not - but since you are married, getting the waiver should be pretty easy I would think.

Contact the embassy/consulate doing your interview and see what they say.

I guess you lucked out when you returned with that overstay last time.

here is a link for that waiver - waiver

But I would definitely bounce your situation against a lawyer.

Edited April 16, 2009 by Bobby_Umit

[Iraphine 0]

i read that this is usually waived when you marry a US citizen...it would be crazy to separate you now, i'm hoping that consulate will use common sense...

but only bring it up if they ask...

Yes - again, if your still in the US.

She wants to leave and come back in. This is similar to leaving with an AP. If you have overstay (180+), and attempt to come back in (even being married to a USC), they can ban you from entry.

(this is one of the warnings in the AP instructions).

While at customs at the airport when returning, I show them my passport with the stamp of approval from my interview, would they perhaps just let me pass without questions asked?

[tnguy21809 0]

I am by no means an expert or even imply I know what I am talking about but the relationship between the US and Canada is a little different then with other countries as far a visisting. You do not need a visa to come here and they dont seem to be so strict as to how long you stay. I have gone to Canada and said I would be 2 days then wind up staying a month and have never had a problem getting back to Canada or been questioned as there is no visa stamp to show when I came or went. It seems to be the same for some Canadians I know also. imo.

[Bobby+Umit 161]

i read that this is usually waived when you marry a US citizen...it would be crazy to separate you now, i'm hoping that consulate will use common sense...

but only bring it up if they ask...

Yes - again, if your still in the US.

She wants to leave and come back in. This is similar to leaving with an AP. If you have overstay (180+), and attempt to come back in (even being married to a USC), they can ban you from entry.

(this is one of the warnings in the AP instructions).

While at customs at the airport when returning, I show them my passport with the stamp of approval from my interview, would they perhaps just let me pass without questions asked?

I really don't know.

If you don't have any stamps on your passport showing you overstayed - or they didn't put you in the tracking system, then you probably won't have any issues. (since you made it through last time) - they won't know.

Do you have any stamps in your passport showing this?

But - you will have to make that choice!

Good Luck!

[Iraphine 0]

i read that this is usually waived when you marry a US citizen...it would be crazy to separate you now, i'm hoping that consulate will use common sense...

but only bring it up if they ask...

Yes - again, if your still in the US.

She wants to leave and come back in. This is similar to leaving with an AP. If you have overstay (180+), and attempt to come back in (even being married to a USC), they can ban you from entry.

(this is one of the warnings in the AP instructions).

While at customs at the airport when returning, I show them my passport with the stamp of approval from my interview, would they perhaps just let me pass without questions asked?

I really don't know.

If you don't have any stamps on your passport showing you overstayed - or they didn't put you in the tracking system, then you probably won't have any issues. (since you made it through last time) - they won't know.

Do you have any stamps in your passport showing this?

But - you will have to make that choice!

Good Luck!

No stamps in my passport at all, and I am 99% sure I am not in the system as an overstay, I think they would have told me I was i'm sure.

Thanks so much for the answers everyone, I hope this thread helped others in need of knowledge on this topic, I will be able to rest easy til my interview!

[trailmix 77]

While at customs at the airport when returning, I show them my passport with the stamp of approval from my interview, would they perhaps just let me pass without questions asked?

You are assuming that you will get that visa after the interview.

If they do manage to overlook your overstay and you do get a visa in your passport - then you should be fine.

I don't think the 'they won't know' thing will come in to it at all. You filled out the I-130 and the DS-230 - you were honest and told them all of the dates you have been present in the United States - so really it's up to the consulate now.

I don't know what happens when you leave the U.S. for your interview with such a huge overstay. You may want to post this in the Canada forum, perhaps someone there will have some experience.

Good luck

http://www.visajourney.com/forums/index.php?showforum=93

[Bobby+Umit 161]

While at customs at the airport when returning, I show them my passport with the stamp of approval from my interview, would they perhaps just let me pass without questions asked?

You are assuming that you will get that visa after the interview.

If they do manage to overlook your overstay and you do get a visa in your passport - then you should be fine.

I don't think the 'they won't know' thing will come in to it at all. You filled out the I-130 and the DS-230 - you were honest and told them all of the dates you have been present in the United States - so really it's up to the consulate now.

I don't know what happens when you leave the U.S. for your interview with such a huge overstay. You may want to post this in the Canada forum, perhaps someone there will have some experience.

Good luck

http://www.visajourney.com/forums/index.php?showforum=93

Good point, I didn't think of the information sent to the consulate.

They may realize an overstay (if you filled it out truthfully) and at the interview request a waiver to be done.

[I Miss Her 0]

I think, you should have tried Adjustment of status while here in US instead CR1/IR1 with consulate. Normally they will forgive overstayed base on marriage to US Citizen.