Canadian Recently Denied Entry/Overstay

[Buttertart 0]

Hello! First of all, I'm so glad I found this site, as it has really cleared up what to do, what to send, and when to do it all. Thanks so much!

I am a Canadian freelance artist who has spent most of the past year visiting my American boyfriend in LA. As a Canadian, I didn't need a tourist visa to cross, as long as I wasn't going there to work. On my last trip, after Christmas, I ended up staying a week or so over 6 months (my boyfriend fell ill and I took care of him). We came to visit my family in Canada over the summer and upon our return to LA, I was denied entry into the US at Toronto Pearson. The document I have from that says that I withdrew my application to enter, lists my stays in the US (with the last one marked "overstay") and a report from the officer advising me to not attempt re-entry for at least 6 months. This occured about a month ago, July 31st.

My boyfriend and I have decided that the easiest way for us to be together is to just get married, so that I can stay and work there. We are gathering everything to apply for the K-1 fiancee visa.

I'm thinking of including a letter explaining that I was denied and admitting that I unintentionally overstayed my last visit. (And this is absolutely true, since I stupidly thought I could stay as long as I wasn't working while I was there--I didn't have a tourist visa telling me you have x amount of days in the US, etc..)

I'm wondering if including this information is a good idea. I would hate to be denied the visa. After all, the very intimidating and rude border officer who denied me told me "you better get your boyfriend to marry you".

Thanks so much!

[Liltiggster 0]

Hello! First of all, I'm so glad I found this site, as it has really cleared up what to do, what to send, and when to do it all. Thanks so much!

I am a Canadian freelance artist who has spent most of the past year visiting my American boyfriend in LA. As a Canadian, I didn't need a tourist visa to cross, as long as I wasn't going there to work. On my last trip, after Christmas, I ended up staying a week or so over 6 months (my boyfriend fell ill and I took care of him). We came to visit my family in Canada over the summer and upon our return to LA, I was denied entry into the US at Toronto Pearson. The document I have from that says that I withdrew my application to enter, lists my stays in the US (with the last one marked "overstay") and a report from the officer advising me to not attempt re-entry for at least 6 months. This occured about a month ago, July 31st.

My boyfriend and I have decided that the easiest way for us to be together is to just get married, so that I can stay and work there. We are gathering everything to apply for the K-1 fiancee visa.

I'm thinking of including a letter explaining that I was denied and admitting that I unintentionally overstayed my last visit. (And this is absolutely true, since I stupidly thought I could stay as long as I wasn't working while I was there--I didn't have a tourist visa telling me you have x amount of days in the US, etc..)

I'm wondering if including this information is a good idea. I would hate to be denied the visa. After all, the very intimidating and rude border officer who denied me told me "you better get your boyfriend to marry you".

Thanks so much!

Did they not stamp your passport though when you entered the U.S. cause they stamp mine every time I cross the boarder from Canada and then they write in the stamp the 6 month date from when you entered and that visitors stamp expires.

[Buttertart 0]

Did they not stamp your passport though when you entered the U.S. cause they stamp mine every time I cross the boarder from Canada and then they write in the stamp the 6 month date from when you entered and that visitors stamp expires.

Nope. All my pages are blank. I'm assuming the pages get stamped when you have a visa, but Canadians don't need tourist visas.

[canadian_wife 1,827]

No need to include a letter, they will already know you overstayed. No need to 'justify' it. You will be asked about it at your interview, because it must be disclosed on the Ds-230, simply tell the truth then and you'll be fine

Good luck

PS - any attempts to re-enter the US are now much more difficult. You will likely be taken into secondary and asked about your ties to Canada. If you plan on visiting again, make sure you have heaps of ties

[Liltiggster 0]

Nope. All my pages are blank. I'm assuming the pages get stamped when you have a visa, but Canadians don't need tourist visas.

Well I am from Canada and don't have a visa... but they always stamp it when I cross and put B-2 and then a date 6 months from when I enter. They have done it for both trips I took? I dunno...

Maybe it's different at different airports I get my flights at the Ottawa International Airport

[Krikit 1,165]

Greetings, and welcome to VJ, Buttertart!

Agree with Canadian_Wife not to bother including a letter. You'll provide the dates on the petition and the Consulate will have access to the denial in their database. You could have applied to extend your stay due to an emergency but, luckily, your overstay was quite short. They'll "forgive" this at the interview stage but you'll want to read the Visitation FAQ's if you're going to attempt another visit at some point. Just be prepared to have them deny you again.

Come and visit us in the Canada Regional Forum! Lots of friendly people with Canada-specific advice to offer.

Well I am from Canada and don't have a visa... but they always stamp it when I cross and put B-2 and then a date 6 months from when I enter. They have done it for both trips I took? I dunno...

Maybe it's different at different airports I get my flights at the Ottawa International Airport

It must be OIA-specific since it's very rare.