option for a friend...

[sciencenerd 56]

so your wife was allowed to leave the US for the medical and interview? how did that happen without causing a ban ? was it because you were married? thats the only part i dont get. If she leaves for the medical or interview, wouldnt she be banned? or is it since she is married (even if she has been there for 2 years)... it wouldnt matter and they would let her leave and come back after the interview and all other things are finished?

she just told me she misses home so much and would love to be able to go back and forth without the fear of not being able to go back to the US...

No - both the medical and the interview take place in the U.S. If my wife had left the country, she would have had a bar to deal with. Your friend should not leave the country under any circumstances until she has a green card in her hand (advanced parole is useless to her as well). It took us 4 months from applying to green card in hand and my wife went back to Canada to visit her mom soon afterward. Your friend will need to wait a little longer before going back to visit, but it's worth it. Being able to go back and forth is an amazing feeling when you've not been able to do that for a long time.

[Melissa&Ryan 1]

Thank you everyone! I have let her know. and told her about VisaJourney! ... Hopefully she can get something done

[bigbigblake 2]

If she is from Canada, then the process is a bit different then what others are saying.

Canadians are not under Visa Waiver program and are not restricted by the 90 day visit. You will get ###### for being in the country over 180 days, but it does not necessarily result in a 10 year ban!

http://shusterman.com/unlawfulpresence-canadians.html

http://immigrate2us.net/forum/showthread.php?44337-Canadians-overstay-and-the-3-10-year-bar&highlight=canada+unlawful+presence

My wife came into the US, Married me (no it wasn't planned), and stayed 2 years.

She then went back to Canada, Applied for Spousal Visa, and got approved with no issues at all.

We didn't need proof of anything from the 2 year visit at all.

[redcobalt 0]

Thank You Melissa for your help, started out you had questions for me and now i'm the one calling on you

[redcobalt 0]

Thank You to everyone else also for the help, its the middle of the night and i've been reading for hours, good things and bad things and i'm terrified at some of the things i've read (being banned for 10 yrs, huge fines and being deported) after being here 2 yrs its quite clear to me that my life is meant to be the way it is, i do want to marry my bf and i know he feels the same but we have no clue how to go about it and again my fear of being deported for having over stayed the 180 days keeps me from moving forward.I miss my family and friends terribly, hell i miss working! I feel like i'm always having to look over my shoulder like a criminal, its not a life! What i want the most is to be called Mrs*****, be able to go back to Canada and come back without any fears, be able to drive without the "what if's" and just feel like i'm home! I will def check into what i've read here and any other info you guys can give me would be greatly appreciated.

Thank You All

[Colleens 40]

Thank You to everyone else also for the help, its the middle of the night and i've been reading for hours, good things and bad things and i'm terrified at some of the things i've read (being banned for 10 yrs, huge fines and being deported) after being here 2 yrs its quite clear to me that my life is meant to be the way it is, i do want to marry my bf and i know he feels the same but we have no clue how to go about it and again my fear of being deported for having over stayed the 180 days keeps me from moving forward.I miss my family and friends terribly, hell i miss working! I feel like i'm always having to look over my shoulder like a criminal, its not a life! What i want the most is to be called Mrs*****, be able to go back to Canada and come back without any fears, be able to drive without the "what if's" and just feel like i'm home! I will def check into what i've read here and any other info you guys can give me would be greatly appreciated.

Thank You All

Many people have gone the route that you have....it is not the ideal route, but it happens. Follow the guides, and ask questions when you need some help along the way and you will be fine.

It really is overwhelming in the beginning, but in the end it really isn't all that bad. You have to be patient, as the process takes time, but it will be worth it in the end!

[Inky 1,110]

Thank You to everyone else also for the help, its the middle of the night and i've been reading for hours, good things and bad things and i'm terrified at some of the things i've read (being banned for 10 yrs, huge fines and being deported) after being here 2 yrs its quite clear to me that my life is meant to be the way it is, i do want to marry my bf and i know he feels the same but we have no clue how to go about it and again my fear of being deported for having over stayed the 180 days keeps me from moving forward.I miss my family and friends terribly, hell i miss working! I feel like i'm always having to look over my shoulder like a criminal, its not a life! What i want the most is to be called Mrs*****, be able to go back to Canada and come back without any fears, be able to drive without the "what if's" and just feel like i'm home! I will def check into what i've read here and any other info you guys can give me would be greatly appreciated.

Thank You All

Start by going to the court house and picking up a marriage license, booking the officiant and waiting whatever the wait period is for the state before you can get married. Ours was 24hours. Then show up on your booked date and get married! Then file your papers with USCIS.

You can always have a big worry free ceremony/vow renewal after you have the green card, in Canada with your family and friends or have them come to somewhere in the US to celebrate.

[Melissa&Ryan 1]

Thank You Melissa for your help, started out you had questions for me and now i'm the one calling on you

haha you are welcome !! Im always there when someone needs help and now that the whole paperwork for my K1 Visa is finaly taken care of, i had a little time on my hands, and wanted to help you hope it all works out and like everyone else says, you can always ask for help or guidance on here. Everyone is going threw or has gone threw something similar and they are always around to help at some point, no matter how big or small the problem Good Luck !!

[sciencenerd 56]

If she is from Canada, then the process is a bit different then what others are saying.

Canadians are not under Visa Waiver program and are not restricted by the 90 day visit. You will get ###### for being in the country over 180 days, but it does not necessarily result in a 10 year ban!

http://shusterman.com/unlawfulpresence-canadians.html

http://immigrate2us.net/forum/showthread.php?44337-Canadians-overstay-and-the-3-10-year-bar&highlight=canada+unlawful+presence

My wife came into the US, Married me (no it wasn't planned), and stayed 2 years.

She then went back to Canada, Applied for Spousal Visa, and got approved with no issues at all.

We didn't need proof of anything from the 2 year visit at all.

While this is currently true, I would not rely on this at all. Our lawyer explained it to us before we figured out if my wife had ever overstayed longer than 180 days and left. Her explanation was that it was a policy that could be changed at any point and that it still left some discretion up to the immigration officer. She believed that she could successfully fight it if we were denied because of this, but that it would be an uphill battle. If you find yourself in this situation, I would go for it, but if you are currently in the states, I would play it safe and not leave the states at all until you have a green card. It is good to hear of someone who went this route successfully - I have a friend who is in a similar position (in Canada currently, but was in the states for a few years without status beforehand) and will be glad to hear that.