Fear of Deportion After Interview.

[rickynlucy 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.

They will forgive overstay if you have never left the country and you apply for AOS in country. You incur the ban as soon as you leave the country. If you did fill out the forms correctly and listed the overstay then you need to be prepared to be denied and given the opportunity to file an I-601. This is not something that they overlook or forget and is a very difficult process. The US citizen must prove extreme hardship. I would look at similar situations posted in the waiver section or on the site immigrate2us.net which focuses on 601 waivers.

Good luck.

[Iraphine 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.

They will forgive overstay if you have never left the country and you apply for AOS in country. You incur the ban as soon as you leave the country. If you did fill out the forms correctly and listed the overstay then you need to be prepared to be denied and given the opportunity to file an I-601. This is not something that they overlook or forget and is a very difficult process. The US citizen must prove extreme hardship. I would look at similar situations posted in the waiver section or on the site immigrate2us.net which focuses on 601 waivers.

Good luck.

Well I doubt I can apply for a AOS since I did leave the US for xmas break and to visit my family in Canada, and then returned to Florida. They didn't stop me at customs however, so I don't think there is any record of me having an overstay. This is all so confusing, I hope I don't get banned from living with my husband.

[MsZ 6]

There's a record if they scanned your passport when you entered and again when you left. Past that, you have to tell them the dates you were in the US for. Assuming they don't know is dangerous. Lying is stupid. You have no choice but to be truthful.

Please fill in your timeline.

[Boiler 46,156]

Not a DIY situation, you need a lawyer.

Only as it is Canada do you have a chance of avoiding a ban/waiver requirement.

[trailmix 77]

Not a DIY situation, you need a lawyer.

Only as it is Canada do you have a chance of avoiding a ban/waiver requirement.

I don't think that is really true, I think Canada is the same as most countries when it comes to bans.

Just found this post - bit of a different situation as the person originally overstayed on a TN visa - however - an overstay is an overstay - it took a year for his waiver to be approved:

Hello VJers!

Yes, I'm baaaccccckkkkkk! I know I haven't been checking the forums ever since my unsuccessful Montreal interview. However I figured everybody would like to hear a happy ending since there may be other people in similar situation as me.

Just a quick recap of my situation

* overstayed on my TN-1 visa by 8 months

* went through all the IR-1 visa paperwork (have a peek at my timeline)

* had an interview in Montreal on 03/17/2008 - was given a 221(g) due to the overstayed violation.

* gave my I-601 waiver form to the interviewer in person

* full interview story at http://www.visajourney.com/forums/index.php?showtopic=116911

Then here's the latest update

08/20/2008 - Renewed RCMP Fingerprint (just in case since my first RCMP fingerprint was about to expire)

09/17/2008 - Received RCMP Fingerprint result (wow - less than a month compare to 5 months for my first RCMP fingerprint).

01/27/2009 - Received noticed from USCIS - I-601 Approved - (316 days since the interview) - Expect to hear from Montreal Embassy shortly.

02/03/2009 - Received Letter from Montreal Embassy asking to mail in my new RCMP fingerprint, updated medical report, and passport.

02/25/2009 - Renewed medical exam in Vancouver (showed up at 7am, had exam at 11am, got medical results at 2pm)

02/25/2009 - Sent all three requested items to Montreal Embassy via FedEx overnight.

03/11/2009 - Receive another letter from Montreal Embassy, asking for Canadian express post for them to send the visa/passport back to me. (Good Grief - why they didn't ask for this in the first letter??)

And now I'm spinning my wheels.

[Boiler 46,156]

Canada is different, but might be a bit of a fight. Especially taking into account recent travel.