Need Visa Help!!!

[john77 0]

Hello,

I am having a hard time figuring out what to do in my perticular situation and would appreciate any help at all.

I came to the U.S. from Canada in Sept.'09 to visit my girlfriend on a B-2 6 month visa. After 3 monthes I proposed and a month before I left we went to the local courthouse with her parents and got married. Since my Visa was almost up I left and went back to Canada for a month so that I didnt overstay. Upon trying to re-enter I was held up at customs because I had used the whole 6 monthes on my first visa. After speaking with 2 supervisors, they finally agreed to issue me an I-94w for a stay of 2 monthes. Once I got here I immediately got all my paperwork from USCIS and filled it all out and went to my first appointment with an immigration specialist. At the meeting she asked for my passport and I-94w and while she was looking at it she noticed that on the back the customs agent wrote "no extension of stay, no adjustment of status" She said that I could either a) take a 50/50 chance and hope that they dont notice/enforce it, b) go back to Canada and file from there, which could take up to a year, or c) leave for 3 monthes and try to get back in on a regular B-2 visa with no restrictions by not telling them that I am married.

Not sure which would be the best option so any suggestions would be much appreciated. Thanks

[milimelo 4,413]

Hello,

I am having a hard time figuring out what to do in my perticular situation and would appreciate any help at all.

I came to the U.S. from Canada in Sept.'09 to visit my girlfriend on a B-2 6 month visa. After 3 monthes I proposed and a month before I left we went to the local courthouse with her parents and got married. Since my Visa was almost up I left and went back to Canada for a month so that I didnt overstay. Upon trying to re-enter I was held up at customs because I had used the whole 6 monthes on my first visa. After speaking with 2 supervisors, they finally agreed to issue me an I-94w for a stay of 2 monthes. Once I got here I immediately got all my paperwork from USCIS and filled it all out and went to my first appointment with an immigration specialist. At the meeting she asked for my passport and I-94w and while she was looking at it she noticed that on the back the customs agent wrote "no extension of stay, no adjustment of status" She said that I could either a) take a 50/50 chance and hope that they dont notice/enforce it, b) go back to Canada and file from there, which could take up to a year, or c) leave for 3 monthes and try to get back in on a regular B-2 visa with no restrictions by not telling them that I am married.

Not sure which would be the best option so any suggestions would be much appreciated. Thanks

If you're asked about your marital status and you say you're not married you're looking at a misrepresentation charge and a possible ban.

Have your wife file I-130 and do the consular processing.

[slider100 8]

You are in a tricky situation but I must say that you were allowed in for 2 months. This is what I have learned from the entire process and the system: Never ever lie or pretend that you are hiding something from the CBP officer. They have a right to cancel your visa and that would cause a lot of problems.

Now, are you from Canada or you are a legal resident there? Canadians do not require a B-2 visa and you have one, so does that mean you had to get a visa for some reason?

I am not trying to be nosey but I am just asking as if we know more about your situation, we will be able to help you in a better way.

Anyways, here are a few answers that you are looking for:

a) If they have written in your passport that you cannot Adjust your status, that means they have it in their system as well. So please, DO NOT FILE for AOS while here as that is a kind of misrepresentation.

b) I know the CR-1/IR-1 route will take about a year, but when you get to the US, you will be able to work right away and you will get your green card in about a month. So, according to me, it is the best option for you.

c) Once again, if you try getting in again, judging by the experience you had at the border, it seems very difficult for you to get through the POE if you enter in about 3 months.

I hope my answers help, Good luck and send me a message if you need any other help!

KnR aka slider100

[Darnell 8,478]

there is 'best' and then there is 'legal and safe'.

If 'legal and safe' - go for I-130 petition, with CR-1 visa interview in Montreal.

[Deputy Purple 1,294]

Just so you understand:

If USCIS believes you enter the US on VWP or B-Visitors Visa with the intent to Adjust Status (thereby circumventing immigration laws) then you will be banned from entry into the US for life!

Think about that when you are deciding.

If you do it right, have her file the I-130 now, return before the date on your I-94 etc then you can visit her in the US while you're going through the process. Just remember to bring your NOA1 (Receipt of I-130) and proof of your on-going life in Canada (ties to Canada) when you return for visits.

BTW, if your Canadian why are you not coming & going on the VWP?

[john77 0]

I am born and raised in Canada and a regular citizen and everytime I've come into the U.S. I've been issued a B-2 visa. I've always been very honest and have never lied which is why when I told them I was married to a US citizen, they put the restrictions on my Visa. Would like to not have to leave my wife for an entire year if at all possible.

[Deputy Purple 1,294]

How would you deal with it if you get charged with misrepresentation (Immigration Fraud) and are deemed inadmissible for life? BTW, there is no waiver for this particular ban.

None of us wanted to be separated from our spouse especially in the beginning of our marriages but after the process is finished the heartache fades quickly.

Edited May 22, 2010 by Bob 4 Anna

[john77 0]

Wow. Great info, thanks alot. so if my wife files the I-130 now I'll be bale to come back in a few monthes?. I'm not sure why im not part of the VWP, everytime i caome into the US they stamp my passport and write B-2 on it.

[Deputy Purple 1,294]

Wow. Great info, thanks alot. so if my wife files the I-130 now I'll be bale to come back in a few monthes?. I'm not sure why im not part of the VWP, everytime i caome into the US they stamp my passport and write B-2 on it.

You really should be spending at least as much time in Canada as the US during the process.

Just remember to bring proof of 2 things:

1) That you're in the process of immigrating legally. This would be your USCIS Notices of Action (NOA1 = Petition Acceptance, NOA2 = Petition Approval)

2) Ties to Canada. This would be proof of employment/school, bills, lease etc.

[lindal24 1]

I am born and raised in Canada and a regular citizen and everytime I've come into the U.S. I've been issued a B-2 visa. I've always been very honest and have never lied which is why when I told them I was married to a US citizen, they put the restrictions on my Visa. [b]Would like to not have to leave my wife for an entire year if at all possible.

[/b]

Travel works both ways. Have her come visit you in Canada...

[Darnell 8,478]

hey john77 - you get further in making a decision on 'what to do' ?

Hope all is well !