Does an overstay past the 6 month rule cause problems with I-129F?

[Carlawarla 1]

Thanks for those links Carlawarla! I found it a bit hard to navigate through the site initially, but I'm slowly figuring it out!

Interestingly, on the second link you sent, the poster included a link to the U.S. Customs and Border Patrol site which actually states that you cannot spend more than 90 days on a visit, if you intent to visit for more than 90 days you need a visa. That I didn't know!

https://help.cbp.gov/cgi-bin/customs.cfg/ph...amp;p_topview=1

Thanks again, see you in the Canadian forum!

I just clicked on that link and didn't see anything about 90 days. Can you be more specific? I've never heard of 90 days for a Canadian...and we don't have a visa to use. lol

[2cerises 0]

I just clicked on that link and didn't see anything about 90 days. Can you be more specific? I've never heard of 90 days for a Canadian...and we don't have a visa to use. lol

Hi there!

Sorry for my late reply ...I was travelling all day yesterday (3 flights!) and am finally here visiting my fiance! They let me through the border, though I did have to go through secondary screening - but it was all good! The officer said the fact that I brought the NOA1 and I-129F petition packet were extremely helpful.

Ok, so I think I included the wrong link, it's actually the one below... but I also think I misread it... it was talking about people from visa-waiver countries only - not Canadians. Sorry to raise any alarm ...I'm just learning, but I should have known better knowing the snow-birds do it all winter - and I just should have read more carefully! Too many things going on right now... I'm looking forward to the R&R while I'm down here!

https://help.cbp.gov/cgi-bin/customs.cfg/ph...Xh0PWNhbmFkaWFu

Thanks!

[HeatDeath 430]

Hi there!

Sorry for my late reply ...I was travelling all day yesterday (3 flights!) and am finally here visiting my fiance! They let me through the border, though I did have to go through secondary screening - but it was all good! The officer said the fact that I brought the NOA1 and I-129F petition packet were extremely helpful.

Congratulations! GOOOOODDDD CALL! on bringing the NOA1 and I-129F packet. Particularly if you're thin on the more monetary evidences, that's a REALLY good way to show that you plan on doing this properly, and [particularly] have invested $455US towards doing this properly. Excellent work!

So for the benefit of others who will go through this in the future, how exactly did PoE go? What did the IO ask? How did he answer? What particular answer did you give that you think triggered the transfer to secondary, and how did the secondary discussion go?

How long, BTW, did they let you in for? Did they give you a time limit? It'd be really interesting to get this info "straight from the CBP officer's mouth", so to speak.

I visited my wife in the US twice during this process. The first was just before our I-129 was approved. The second was after Packet 3 had been issued but before I had faxed back the checklist. I wasn't asked for ties either time but I made sure I had them, especially the second time when I was worried that the pending K-1 application might be more immediately visible once they swiped my passport. I never carried the full packet though. Just employer and rental letters and bank statements.

Edited February 4, 2010 by HeatDeath

[Krikit 1,164]

Just so you know, there is no set period of time a Canadian must wait to re-enter the US after the end of their stay. It is not cumulative. The concern lies in whether the Canadian appears to be a de facto resident. That's why the ties are important.

CBP FAQ

[2cerises 0]

So for the benefit of others who will go through this in the future, how exactly did PoE go? What did the IO ask? How did he answer? What particular answer did you give that you think triggered the transfer to secondary, and how did the secondary discussion go?

How long, BTW, did they let you in for? Did they give you a time limit? It'd be really interesting to get this info "straight from the CBP officer's mouth", so to speak.

Thanks HeatDeath! No problem, I'll have to explain a bit of history here and there, as I have been denied entry once and that affected the whole process - so it might be a long story, but here's what happened...

I went through an airport this time, instead of driving across the land border, where I was denied entry once last year. (This was a shorter visit and not worth the driving time.) I went up to the first customs officer behind the glass and handed him my passport and customs form. He asked me the purpose of my trip (I said to visit my fiance), he asked "Is he a US citizen?" (I said yes) and while he scanned my passport he asked me how long my visit would be (a couple of weeks). After he finished scanning my passport he must have seen an automatic flag that I was denied entry once before, because he basically pointed me towards the secondary screening room immediately after that!

The second guy was very nice and he also scanned my passport in his computer, and said "Ok, so I guess you've been denied entry before and you know how this goes..." I wasn't exactly sure what he meant so he said, "They probably gave you a list of things you need to bring to show ties to your country?.." I said yes, and brought out my folder of documents.

I had with me the entire I-129F petition, the NOA1, which he said were the most helpful of all. He even took the case number from my NOA1 and entered in the computer and said that would make things easier in the future (I guess if I ever need to visit again?). I had my car registration papers, a recent Internet bill, bank account statements, my travel health insurance purchased for the exact length of my stay, and the employment contract from my new employer. The officer asked me what's in my (huge!) suitcase, "so that he wouldn't have to look in it himself" and I told him, and then he looked in it anyway. He looked through my carry on stuff as well.

He asked me questions about why I was denied entry the previous time, like what they found in particular that made me look like I may intend to stay etc... One big difference this time also is that I was employed, whereas the time I was denied I was not (I had just quit my job so that I could spend a couple of months with my fiance). I don't own or rent property now, nor did I before - so that hadn't changed. I had a return flight and he did not limit my stay - just gave me the regular B2 stamp. (I was given an I-94 last year when going by car to attempt that same visit that I was denied entry at the first time.)

Basically, as we've all been told, you have to tell the truth, and even if some of them are mean (and some were very mean and rude!) don't let them make you feel like you're doing anything wrong. That said, I was definitely nervous, and had my dad wait outside the gates in case they wouldn't let me through. I was so happy when it was over and texted my fiance right away! Hopefully this is the last "visit" unitl my visa is approved!

Hope that helps anyone else who has questions or doubts about the situation. I was worried I'd lose my money for the flight if they denied me, but fortunately I don't have to worry about that now.

It's so wonderful to be together again, even if only for a couple of weeks!! And this will be our first Valentine's Day together!!!