What recourse do I have if I get denied?

[Kittyfang 6]

Hey guys!

This may have been asked before, but I couldn't find it anywhere. I will be filing for AoS based on marriage within the U.S. I have overstayed for 2.5 years and the only issue that I might have is the fact that I have no I-94, but more to the fact, I have no proof on entry. Now, I asked about this before and was told that because I am a Canadian Citizen, it might not be a problem. When I came here, I was just visiting, so it's not that surprising that I threw away my bus ticket. I remember reading that some Canadians did get the AoS even without a proof of entry, as the USCIS is use to that.

But, let say I run into the interviewer from hell. The fact that I don't have proof of entry really bugs him. And he decides that he's not gonna take our Canadian B.S. anymore.

Do I have any recourse? Because, as it stands, my husband is terrified that I'm gonna be denied and deported... and that he's gonna have to clean his own clothes and make his own food.

[Kittyfang 6]

Hey guys!

This may have been asked before, but I couldn't find it anywhere. I will be filing for AoS based on marriage within the U.S. I have overstayed for 2.5 years and the only issue that I might have is the fact that I have no I-94, but more to the fact, I have no proof on entry. Now, I asked about this before and was told that because I am a Canadian Citizen, it might not be a problem. When I came here, I was just visiting, so it's not that surprising that I threw away my bus ticket. I remember reading that some Canadians did get the AoS even without a proof of entry, as the USCIS is use to that.

But, let say I run into the interviewer from hell. The fact that I don't have proof of entry really bugs him. And he decides that he's not gonna take our Canadian B.S. anymore.

Do I have any recourse? Because, as it stands, my husband is terrified that I'm gonna be denied and deported... and that he's gonna have to clean his own clothes and make his own food.

I meant to say that some Canadians got their GC, not their AoS... Sorry

[sasaqlain 24]

You have said it all yourself. If you end up with an AO from Hell, he might give you a tough time and if I am not mistaken, and you are here on VWP, then you have no right to apeal as well. Good Luck.

[Kittyfang 6]

You have said it all yourself. If you end up with an AO from Hell, he might give you a tough time and if I am not mistaken, and you are here on VWP, then you have no right to apeal as well. Good Luck.

Could you explain what you mean by "VWP"?

[Cloudy9 11]

You have said it all yourself. If you end up with an AO from Hell, he might give you a tough time and if I am not mistaken, and you are here on VWP, then you have no right to apeal as well. Good Luck.

Canadians don't need visit visa's to enter the states.

[Cloudy9 11]

You have said it all yourself. If you end up with an AO from Hell, he might give you a tough time and if I am not mistaken, and you are here on VWP, then you have no right to apeal as well. Good Luck.

Could you explain what you mean by "VWP"?

Its called Visa Waiver Program.

[Kathryn41 3,205]

Canadians are not a part of the Visa Waiver Program (VWP). They have a special relationship as visitors to the US in that they are not issued visas nor are they 'waived' from having a visa as just a regular visitor. Canadians do not get I-94s or I-94Ws unless they are entering with specific visas.

Having entered the US as a visitor, if USCIS does not approve your AOS, you are not allowed to appeal the decision. You have several options at that time including refiling a whole new AOS application and providing information that addresses why the first one was denied. That would be the first choice. The second would be for your husband to initiate a spousal visa for you which would require you to leave the US, go through the immigration process via the US Consulate in Canada, be denied and request a waiver from the 10 year ban you incurred when you left the country, and wait it out for a CR-1 visa. I honestly don't think it is going to come to that.

Since you are admitting to being here for 2 1/2 years already I don't think you are going to have an issue with failing to have 'proof' of your original entry. If you were trying to claim that you had not been here long enough to earn a 10 year ban if you left the country, then you might run into problems. However, they know and you know that you have overstayed your regular visitor's allowance by a considerable amount and there is no real need for them to 'prove' you were here longer or shorter than you state as there is no benefit accruing to you. Bring proof of your valid marriage that goes back to when you did get married because what you really want to focus on is showing you have a real marriage. Having taken this long to file also goes in your favour because it is unlikely you would have waited all these years to apply if you were just after a green card.

The other issue of concern is intent. Did you intend to get married when you crossed the border as a visitor all those years ago or did you end of deciding to get married after you arrived? Again, USCIS may not even raise this issue either. You have 2 1/2 years into a valid marriage - you may get a 'lecture' about waiting so long but I think that is probably going to be the worst of it.

Edited October 5, 2009 by Kathryn41

[Starburst 4]

Canadians are not a part of the Visa Waiver Program (VWP). They have a special relationship as visitors to the US in that they are not issued visas nor are they 'waived' from having a visa as just a regular visitor. Canadians do not get I-94s or I-94Ws unless they are entering with specific visas.

Having entered the US as a visitor, if USCIS does not approve your AOS, you are not allowed to appeal the decision. You have several options at that time including refiling a whole new AOS application and providing information that addresses why the first one was denied. That would be the first choice. The second would be for your husband to initiate a spousal visa for you which would require you to leave the US, go through the immigration process via the US Consulate in Canada, be denied and request a waiver from the 10 year ban you incurred when you left the country, and wait it out for a CR-1 visa. I honestly don't think it is going to come to that.

Since you are admitting to being here for 2 1/2 years already I don't think you are going to have an issue with failing to have 'proof' of your original entry. If you were trying to claim that you had not been here long enough to earn a 10 year ban if you left the country, then you might run into problems. However, they know and you know that you have overstayed your regular visitor's allowance by a considerable amount and there is no real need for them to 'prove' you were here longer or shorter than you state as there is no benefit accruing to you. Bring proof of your valid marriage that goes back to when you did get married because what you really want to focus on is showing you have a real marriage. Having taken this long to file also goes in your favour because it is unlikely you would have waited all these years to apply if you were just after a green card.

The other issue of concern is intent. Did you intend to get married when you crossed the border as a visitor all those years ago or did you end of deciding to get married after you arrived? Again, USCIS may not even raise this issue either. You have 2 1/2 years into a valid marriage - you may get a 'lecture' about waiting so long but I think that is probably going to be the worst of it.

I def would agree with this.

When I went for my interview 2 weeks ago(over stayed just over 3 years by the time my interview came), the only thing even close to asking me about my entry was "When you entered, did you come to visit him?"

I would focus on providing evidence for a solid marriage! I sent in every-single-thing I had. I even photocopied cards (including envelopes) and mailed those in with my I-130. The more the better!!

Good Luck!!

[Kittyfang 6]

Kathrin41, I want to thank you, from the bottom of my heart for your very detailed answer. You've answered so many of my questions in one post that I am speechless.

Canadians are not a part of the Visa Waiver Program (VWP). They have a special relationship as visitors to the US in that they are not issued visas nor are they 'waived' from having a visa as just a regular visitor. Canadians do not get I-94s or I-94Ws unless they are entering with specific visas.

Having entered the US as a visitor, if USCIS does not approve your AOS, you are not allowed to appeal the decision. You have several options at that time including refiling a whole new AOS application and providing information that addresses why the first one was denied. That would be the first choice. The second would be for your husband to initiate a spousal visa for you which would require you to leave the US, go through the immigration process via the US Consulate in Canada, be denied and request a waiver from the 10 year ban you incurred when you left the country, and wait it out for a CR-1 visa. I honestly don't think it is going to come to that. I hope it doesn't get to that, but if it does, I'm glad to see I have some options.

Since you are admitting to being here for 2 1/2 years already I don't think you are going to have an issue with failing to have 'proof' of your original entry. If you were trying to claim that you had not been here long enough to earn a 10 year ban if you left the country, then you might run into problems. However, they know and you know that you have overstayed your regular visitor's allowance by a considerable amount and there is no real need for them to 'prove' you were here longer or shorter than you state as there is no benefit accruing to you. This is also a relief. I was thinking that the whole thing with not having a proof of entry was that they would think I did not get inspected by a customs official (aka they would think I came here illegally), but now that you explain the real reason they care about proof of entry, I can see that it was silly. Furthermore, I doubt Canada produces a lot of illegal immigrant for the U.S. Bring proof of your valid marriage that goes back to when you did get married because what you really want to focus on is showing you have a real marriage. Having taken this long to file also goes in your favour because it is unlikely you would have waited all these years to apply if you were just after a green card. I intend to bring pictures and cards received at our weddings, as well as some mailed to me by my own family members (they couldn't come). Also, my husband was told by our current tax person that he could not claim me, but someone here said that this was false, so we are going to have his tax (for the last three years) looked at and adjusted. We do not yet have a bank account together, because I didn't have a SSN, but we will open a joint account as soon as I receive an EAD. We will also add my name to the house and car's title. I wonder if the fact that we waiting so long to do that will play against us...

The other issue of concern is intent. Did you intend to get married when you crossed the border as a visitor all those years ago or did you end of deciding to get married after you arrived? Again, USCIS may not even raise this issue either. You have 2 1/2 years into a valid marriage - you may get a 'lecture' about waiting so long but I think that is probably going to be the worst of it. As far as intent goes, I don't know how USCIS will read into this. You might be able to tell me. I came here, for 2 weeks. Then I went back to Canada. My job was going to let me go (this happens a lot, but this job also rehires very often, depending on their need), so we decided to see how we would like living together for a month or two. I packed my bags for a regular vacation. I didn't have much at home as I had just moved in to a new apartment. So. here I am, and after 3 months... We realize we don't want to be separated. I call the consulate and learn that I can stay here 6 months total... So, I check with work, they don't need me yet. I decide to stay another month or two. Those months go by, and we really don't want to be separated. So, we start talking about marriage. We set a date that is exactly 6 months, or 6 months a 1 day from the day I came here. (wonder if that will be an issue). Then We looked into immigration laws, and that's when we realized it was really pricey and complicated.