If I overstayed in Canada can I get in trouble by going with hubby to US embassy for interview?

[kkramps79 0]

I am a USC my husband is Canadian. His CR1 interview is Monday in Montreal and I plan on going with him. My question is this. I have seriously overstayed here in Canada (when I crossed the border they just glanced at my passport scanned it and waved me on through) I have been here this most recent time about a year and a half.

At the US embassy will I run into issues? Would there be anyway of being deported because of this? Or do they not really care since its the US embassy?

Edited June 16, 2012 by kkramps79

[Udella&Wiz 325]

I am a USC my husband is Canadian. His CR1 interview is Monday in Montreal and I plan on going with him. My question is this. I have seriously overstayed here in Canada (when I crossed the border they just glanced at my passport scanned it and waved me on through) I have been here this most recent time about a year and a half.

At the US embassy will I run into issues? Would there be anyway of being deported because of this? Or do they not really care since its the US embassy?

If I read this correctly, you are the American? The US embassy doesn't care about your overstay in Canada persay, although borders do share information. But out of curiousity why stay illegally in Canada? In future your husband will want to return home to visit family, what if it causes a problem when you try to return to Canada another time and you're not let in?

[kkramps79 0]

Because we do not want to be separated. I am staying in Canada until his CR1 is approved. In the future worst case scenario they dont let me back into Canada not a huge deal. He can still come up and visit family and return to me in the US

[wowswift 3]

When I went, they cared. Bring strong ties of domicile. They will ask for proof you're going home.

[pocheros 101]

Montreal is hard on evidence of domicile. Hopefully you've taken care of that already.

[canadian_wife 1,829]

Agreed, what do you have that you've been re-establishing domicile in the US? If you have not taken care of this, expect delays and separation. Montreal is so strict on this there is a pinned topic in this forum

Good luck

[kkramps79 0]

So when I go with my husband to his interview on Monday they will want to know when I am going home? I can't just say that I am there with him for his interview and as long as all goes well we will both be heading back to MN in 2 weeks?

Now I'm starting to doubt if I should go with or not. I know it looks good if the spouse is there but will me being up here with him hurt more then help??

[canadian_wife 1,829]

Well, I am sure you've listed on the forms that you've been living with him in Canada right? How are you dealing with the sponsorship issue? And if it comes up, what would you like your husband to say? Lie and tell them that you've been living in the US?

I suggest you start doing some reading about what to expect. You can assume that your 'we'll be leaving in 2 weeks' answer will be sufficient or you can start reading about what they expect you to have

Good luck

[kkramps79 0]

Maybe I should add that I do also have a perm. residence in Minnesota and my mailing address is in MN my bank account is also for Minnesota - will these things help?

[kkramps79 0]

I'm not sure what you mean byu how am I dealing with the sponsorship issue. I do have my domicile in the US. My perm address and mailing address and bank are all in the US which is what they ask of for domicile. Saying we are heading back to MN once he's approved is not a lie either, that is what we fully intend on doing. In fact once he is approved (and if) then we will be flying back as soon as he receives his visa packet.

Basically if I understand correctly it is better if I do not go with him? Is that correct?

And on a side note, I don't expect anyone to lie that I have been living in the US. I fully expect them to know I have been staying with my husband in Canada, just did not know until now that that would be an issue so now I'm thinking abotu staying home while he goes to his interview.

[canadian_wife 1,829]

I think you are missing the point, whether you go or not - I am pretty sure they know you have not been living in the US. Do you have a cosponsor for the I864? Did you file taxes during the time you were in Canada

Please start reading

http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

and

http://www.visajourney.com/forums/topic/223016-visa-denied/

It may not be an issue. But if it is, then what? What will you do?

Good luck

Edited June 17, 2012 by canadian_wife

[kkramps79 0]

Yes I do have a co-sponsor for my husband who also lives at my same address in Minnesota. Unfortunately, his interview is Monday so as far as getting a letter/contract/lease for my place in MN will be impossible by then. I guess I will just have to go in with my bank statement and my MN driver's licence and hope for the best

Thank you for the information.

[canadian_wife 1,829]

Yes I do have a co-sponsor for my husband who also lives at my same address in Minnesota. Unfortunately, his interview is Monday so as far as getting a letter/contract/lease for my place in MN will be impossible by then. I guess I will just have to go in with my bank statement and my MN driver's licence and hope for the best

Thank you for the information.

Good luck, I hope it works out, please keep us updated

[kkramps79 0]

Thank you canadian_wife - I will make sure to update after his interview on Monday :-|

[wowswift 3]

make a lease and have them scan over a signed copy to you. Bank info and address and saying you're going to go back wasn't enough. I had to give them a lease, i registered for school, sent in my voter registration goodies. if there was more, i don't remember, i've posted it before.