Visa Waiver Program Overstay- Denials.

[SaraDee 9]

Hello Fellow Canadians,

I'm wondering if anyone has heard about the recent rumblings that they are now denying people flat out if they overstayed on visa waiver program? Does anyone know if that effects Canadians too? I overstayed by about a year but be got married before my 6 month visa was over. The lawyer said that Canada and the US have a special relationship and that we could apply for AOS in as much time as we needed, but that was a year ago. So here we are. We applied at the end of june and no interview yet. I'm freaking out. Does anyone have a similar time-line that has been approved? Help.

Sara

[SaraDee 9]

Wow, I am really starting to go nuts over this whole process. Worked myself into a frenzy for nothing. It seems that Canadians are exempt from this. We don't enter on a Visa Waiver Program. Geez. I need sleep. Is anyone else going crazy with this whole process or is it just me? Can't wait for it to be over.

[canadian_wife 1,822]

So I'm confused, are you still in the US?

yes, they can deny you for overstaying on the VWP. If you enter the US on the WVP and overstay your 90 days by 6 months or more - THEN leave the country, that overstay can come back and bite you in the #######

Applying in June? You won't hear anything for many months. It'll take about 8 - 10 months for this process to complete. and I assume by 'applying' you meant sending in the petition.

Good luck

[Flames9_RN 358]

Canada is NOT part of the Visa Waiver program. Many have gone the route you have with NO problems. Is it a "fun/relaxing" route, probably not,lol Keep in mind, if ur in the USA now, DO NOT leave!! That includes going to Canada! The leaving isn't the problem---it is the getting back into the USA that is!

[SaraDee 9]

Canada is NOT part of the Visa Waiver program. Many have gone the route you have with NO problems. Is it a "fun/relaxing" route, probably not,lol Keep in mind, if ur in the USA now, DO NOT leave!! That includes going to Canada! The leaving isn't the problem---it is the getting back into the USA that is!

Thanks. Ya, I'm painfully aware of the no leaving the USA thing. Maybe that's why I'm going so nutty. It has been one and a half years since I've been home to Canada. Grandma is sick and in the hospital and I can't wait till this is over so we can go visit her. I'm hoping to have the green card by Christmas. We'll see.

[SaraDee 9]

So I'm confused, are you still in the US?

yes, they can deny you for overstaying on the VWP. If you enter the US on the WVP and overstay your 90 days by 6 months or more - THEN leave the country, that overstay can come back and bite you in the #######

Applying in June? You won't hear anything for many months. It'll take about 8 - 10 months for this process to complete. and I assume by 'applying' you meant sending in the petition.

Good luck

I'm in the states and don't plan to leave as I have overstayed for a year now. We just applied for AOS here, no k-1 or k-3. It takes 3-5 months for the interview if you're lucky. At least that's what I see on other people's timeliness. Based on those, I should have an interview in a month and a half, if all goes well.

[warlord 73]

I'm in the states and don't plan to leave as I have overstayed for a year now. We just applied for AOS here, no k-1 or k-3. It takes 3-5 months for the interview if you're lucky. At least that's what I see on other people's timeliness. Based on those, I should have an interview in a month and a half, if all goes well.

Remember each service center is different with different time lines too. So pay more attention to your local service center that you are using and then you might get a better picture of the timeline between filing the AOS and getting your EAD/AP and interview etc. Looking at another service center can have totally different timelines depending on the amount of people at the other centers...

[SaraDee 9]

Remember each service center is different with different time lines too. So pay more attention to your local service center that you are using and then you might get a better picture of the timeline between filing the AOS and getting your EAD/AP and interview etc. Looking at another service center can have totally different timelines depending on the amount of people at the other centers...

Good point. Thanks. We live in Los Angeles. I'm pretty sure the wait time is not that long here, but I'll check into it.

[ValerieA 350]

Yeah, Canada is not part of the VWP, don't worry about that. Lately, the times have been 3-4 months; all of the April filers have now completed their interviews. You should be OK. Just to be safe, file as soon as you can, since you are out of status, on the off chance you get stopped by ICE.

[antda 13]

Hi SaraDee,

First of all, Canada does not participate in the visa waiver program, so that's not the issue here....

Yes, visitor to aos is perfectly to do...(lol...I for one have done such...see my vj timeline...)

AS LONG AS YOU CAME HERE WITHOUT PRIOR INENTION TO IMMIGRATE ON YOUR VISIT and not do this as to avoid and/or break immigration laws, then it's fine and legal to do such.

I was in this situation before too, as I came over to visit my boyfriend (now husband), on a B2 tourist visa and an I-94 for 2 weeks (which are rare for Canadians, as Canadians generally don't need visas to visit the USA), and then ended up getting married here in the USA, and overstayed (for about 7 months or so), and then filed the paperwork with immigration.

And in my situation, "all was forgiven", regarding the overstay, when I filed the AOS....

And yes, I did get approved for my AOS and got my green card afterwards (in about 3 months or so).

For more information on my sitation, see my VJ timelines.

In fact, I had no clue about the immigration/visa process when I got married and afterwards and was 'stuck' in the USA...

Definitely no intention at all in my case....Just visited...got married..then realized..Uh Oh....Can I stay?

So I went to seek the advice of an immigration lawyer....

And it was the lawyer that said that I should do the Visitor to AOS route instead of the other immigrant visa routes....(no point in going back for me..)...

Definitely not a loophole here! It is legal! But yes, it does carry a lot of risk in this process!

For example, if there was a denial, it could not have been appealed (unlike the other visa routes), and would have been deported...scary....

But we took that risk anyways..and it paid off for me....Can't say that this works for everyone though...

Again, contact a lawyer if in doubt of your particular situation....Which I advise anyone to do in this and in any case...

Every situation is different...So don't pre-judge as to one way is better than another way......

As long as in the end it all works out well, then so be it...

But if YOU HAVE PRIOR INTENTION TO IMMIGRATE ON YOUR VISIT so you're probably better off filing for:

-A K3 (marriage visa...go back to your former country, get married in the former country, file paperwork, come to USA, adjust status, get green card)

-A CR-1 (marriage visa...go back your former country, get married in the former country, file paperwork, come to the USA, get green card...)

Hope this helps too..Good luck on your journeys too..

Ant

Hello Fellow Canadians,

I'm wondering if anyone has heard about the recent rumblings that they are now denying people flat out if they overstayed on visa waiver program? Does anyone know if that effects Canadians too? I overstayed by about a year but be got married before my 6 month visa was over. The lawyer said that Canada and the US have a special relationship and that we could apply for AOS in as much time as we needed, but that was a year ago. So here we are. We applied at the end of june and no interview yet. I'm freaking out. Does anyone have a similar time-line that has been approved? Help.

Sara

Edited August 21, 2010 by Ant+D+BabyA

[SaraDee 9]

Hi SaraDee,

First of all, Canada does not participate in the visa waiver program, so that's not the issue here....

Yes, visitor to aos is perfectly to do...(lol...I for one have done such...see my vj timeline...)

AS LONG AS YOU CAME HERE WITHOUT PRIOR INENTION TO IMMIGRATE ON YOUR VISIT and not do this as to avoid and/or break immigration laws, then it's fine and legal to do such.

I was in this situation before too, as I came over to visit my boyfriend (now husband), on a B2 tourist visa and an I-94 for 2 weeks (which are rare for Canadians, as Canadians generally don't need visas to visit the USA), and then ended up getting married here in the USA, and overstayed (for about 7 months or so), and then filed the paperwork with immigration.

And in my situation, "all was forgiven", regarding the overstay, when I filed the AOS....

And yes, I did get approved for my AOS and got my green card afterwards (in about 3 months or so).

For more information on my sitation, see my VJ timelines.

In fact, I had no clue about the immigration/visa process when I got married and afterwards and was 'stuck' in the USA...

Definitely no intention at all in my case....Just visited...got married..then realized..Uh Oh....Can I stay?

So I went to seek the advice of an immigration lawyer....

And it was the lawyer that said that I should do the Visitor to AOS route instead of the other immigrant visa routes....(no point in going back for me..)...

Definitely not a loophole here! It is legal! But yes, it does carry a lot of risk in this process!

For example, if there was a denial, it could not have been appealed (unlike the other visa routes), and would have been deported...scary....

But we took that risk anyways..and it paid off for me....Can't say that this works for everyone though...

Again, contact a lawyer if in doubt of your particular situation....Which I advise anyone to do in this and in any case...

Every situation is different...So don't pre-judge as to one way is better than another way......

As long as in the end it all works out well, then so be it...

But if YOU HAVE PRIOR INTENTION TO IMMIGRATE ON YOUR VISIT so you're probably better off filing for:

-A K3 (marriage visa...go back to your former country, get married in the former country, file paperwork, come to USA, adjust status, get green card)

-A CR-1 (marriage visa...go back your former country, get married in the former country, file paperwork, come to the USA, get green card...)

Hope this helps too..Good luck on your journeys too..

Ant

Thanks. Reading your story makes me feel much better. We actually went to a few lawyers when we got engaged and they said the same thing to us, that we should go through the visitor to AOS process. That was before the overstay though, so I panicked a little. I don't think the intent thing will come into question as we had not even met when I entered the country. We only met a few weeks later, so how could I intend to come to the States to get married. Plus we got married 5 months later. We have applied and we finally got everything in on Friday; we had a RFE for the Affidavit of Support. But, biometrics is done and now I guess we just wait for the interview date. Thanks for calming my nerves.