should i be worried??

[bella1 0]

OK...we've filed the I129F.

I'm a USC and my fiance is from Canada.

I just have a question....the last time he came here....which was around Feb. 20th...he flew in and was told he could only stay for a month....this was before we started our visa process.

He had a return flight but his parents ended up driving here to get him since he had a lot of stuff here that he needed to take home (a couple boxes of stuff, lots of clothes, computer). He was here probably like 2 weeks over the month.

Is something like 2 weeks going to cause problems with him getting approved?

[dwar49 0]

What was the reason for him being told he could only stay a month?

What was on his I-94?

If he overstayed, yes you have a problem. He could have earned an automatic 3 year ban. However it is waiverable but requires additional paperwork and time.

You will need to find out for sure whether he did or not. If he is on a ban, you will need to make sure you state that on his paperwork when he goes for the interview. Do not lie about, or cover up the facts. Be honest and open about it.

[Mew 0]

You may find this information helpful:

What If the Applicant Is Ineligible for a Visa?

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:

* Trafficking in Drugs

* Having HIV/AIDS

* Overstaying a previous visa

* Practicing polygamy

* Advocating the overthrow of the government

* Submitting fraudulent documents

The consular officer will tell you, the applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is. For a complete list of ineligibilities see Classes of Aliens Ineligible to Receive Visas.

http://travel.state.gov/visa/immigrants/ty...s_1315.html#14d

Edited July 13, 2006 by Mew

[bella1 0]

What was the reason for him being told he could only stay a month?

What was on his I-94?

If he overstayed, yes you have a problem. He could have earned an automatic 3 year ban. However it is waiverable but requires additional paperwork and time.

You will need to find out for sure whether he did or not. If he is on a ban, you will need to make sure you state that on his paperwork when he goes for the interview. Do not lie about, or cover up the facts. Be honest and open about it.

he wasn't coming on any kind of a visa....he was just coming to visit and for whatever reason the guy said only a month....and he was here a month and a half before he left....

well how do i find out if this is a problem?

[bebop + rocksteady 0]

Hmm, but I'm assuming since he was coming from Canada, he wasn't coming on a visa, correct?

I don't *think* this will be a problem. UNLESS at the border the officer took his information (finger print, photographed, fill out anything?)

You may find this information helpful:

What If the Applicant Is Ineligible for a Visa?

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:

* Trafficking in Drugs

* Having HIV/AIDS

* Overstaying a previous visa

* Practicing polygamy

* Advocating the overthrow of the government

* Submitting fraudulent documents

The consular officer will tell you, the applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is. For a complete list of ineligibilities see Classes of Aliens Ineligible to Receive Visas.

http://travel.state.gov/visa/immigrants/ty...s_1315.html#14d

[dwar49 0]

Unless I am wrong, Even coming from Canada you are on what is called the VWP visa waiver program.

[kitkat1 5]

What was the reason for him being told he could only stay a month?

What was on his I-94?

If he overstayed, yes you have a problem. He could have earned an automatic 3 year ban. However it is waiverable but requires additional paperwork and time.

You will need to find out for sure whether he did or not. If he is on a ban, you will need to make sure you state that on his paperwork when he goes for the interview. Do not lie about, or cover up the facts. Be honest and open about it.

he wasn't coming on any kind of a visa....he was just coming to visit and for whatever reason the guy said only a month....and he was here a month and a half before he left....

well how do i find out if this is a problem?

Normally overstay problems requiring waivers begin when the person has overstayed a valid tourist or student visa by 180 days or more. An overstay of less than 6 months should not be an issue. BUT I don't know enough about the rules regarding Canada to know if you will have any kind of overstay issue. What is confusing to me is that they gave him a one month limit - is this normal? Is it in writing somewhere?

[dwar49 0]

my apologies, I checked the ban does start after 180 days.

[bella1 0]

Hmm, but I'm assuming since he was coming from Canada, he wasn't coming on a visa, correct?

I don't *think* this will be a problem. UNLESS at the border the officer took his information (finger print, photographed, fill out anything?)

You may find this information helpful:

What If the Applicant Is Ineligible for a Visa?

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:

* Trafficking in Drugs

* Having HIV/AIDS

* Overstaying a previous visa

* Practicing polygamy

* Advocating the overthrow of the government

* Submitting fraudulent documents

The consular officer will tell you, the applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is. For a complete list of ineligibilities see Classes of Aliens Ineligible to Receive Visas.

http://travel.state.gov/visa/immigrants/ty...s_1315.html#14d

this will be hard to explain but....he was in school in virginia until january....i'm in illinois.....he came straight here then and talked to a lawyer and she said obviously he would no longer have a student visa....so he would have to go back home and then he could come in as a visitor....

so him and i drove up to canada for the weekend....on the way down he said something about us being married....as we didnt know what the process was actually like because that same lawyer gave us wrong info.

so they told him he would not be able to come into the country at that time....and they did get his fingerprints....

so i went home myself and about a month later he got a plane ticket...we didn't think they would let him in but we thought we'd give it a try....

so the guy said yes you can come in but only for 30 days.....

and she he was here for around 45 days....then drove back home with his parents.....

and since then hasn't been back....

[bebop + rocksteady 0]

Nope, Canada is not involved in the VWP.

However, you don't need a visa.

What about Canadian, Mexican or Bermudan citizens and VWP?

Canada, Mexico and Bermuda are not participants in the Visa Waiver Program. The Immigration and Nationality Act includes other provisions for visa-free travel for nationals of Canada and Bermuda under certain circumstances.

http://www.travel.state.gov/visa/temp/with...ut_1990.html#15

Unless I am wrong, Even coming from Canada you are on what is called the VWP visa waiver program.

[dwar49 0]

Okay I learn something everyday.

Still am concerned that there was restrictions put on him though. Definitly would try to find out exactly what his status is before going to the interview. Either way would be totally honest with the official conducting interview and on the forms handed in at that time.

[vartan 0]

I have heard some POE people are just mean sometimes.. maybe that was it.. he had a bad day (he got peanut butter and jelly instead of a ham sandwich) ...

[bebop + rocksteady 0]

If he was fingerprinted at some point, and then given a limitation later, chances are, they know that he overstayed. HOWEVER, since it isn't in writing and it's not past the 180 day mark. It shouldn't be too big of a deal. But definitely be prepared for it to come back at you in the interview. Just tell the truth.

I have heard some POE people are just mean sometimes.. maybe that was it.. he had a bad day (he got peanut butter and jelly instead of a ham sandwich) ...

AIN'T THAT THE TRUTH.

My fiance got denied entry I thoroughly believe because the officer was just bored and needed something to do.

[Mew 0]

If he was fingerprinted at some point, and then given a limitation later, chances are, they know that he overstayed. HOWEVER, since it isn't in writing and it's not past the 180 day mark. It shouldn't be too big of a deal. But definitely be prepared for it to come back at you in the interview. Just tell the truth.

I have heard some POE people are just mean sometimes.. maybe that was it.. he had a bad day (he got peanut butter and jelly instead of a ham sandwich) ...

AIN'T THAT THE TRUTH.

My fiance got denied entry I thoroughly believe because the officer was just bored and needed something to do.

Well, did the officer just *say* he could stay for a month, or was there a some document involved?

[bella1 0]

Okay I learn something everyday.

Still am concerned that there was restrictions put on him though. Definitly would try to find out exactly what his status is before going to the interview. Either way would be totally honest with the official conducting interview and on the forms handed in at that time.

Well when he tried coming in the officer he worked with was really nice....and he mentioned that my fiance shouldn't be allowed in because they knew what his intentions were.....but my fiance reassured him that we didn't think we were doing anything wrong at the time and we wouldn't do anything illegal or whatever...

his return flight was actually supposed to be in about 3 months...and the guy just said well i can't let you stay that long but i can give you a month....

he would have been back in a month but since we realized he probably would not be allowed back in a second time...he couldn't really fly and leave all his stuff here....

so he just waited the couple extra weeks until his parents were free to drive down to get him....

We definitely do not have any intentions of not mentioning this at his interview....

Where exactly can i look to find out what his status is??