Canadian Citizen

[Parwana 0]

Hello,

I am a Canadian Citizen and I am married to a US Permanent Resident. Our wedding happened outside the US and Canada. My questions are as follow:

1) My husband will be a USC by the end of 2013 and he contacted some lawyer and they advised he should wait until he gets his citizenship and then apply for my paper work, is that true, if so why?

2) Can he apply for me while he is a permanent resident?

3) I am in U.S at this time living with my husband, the officer at the point of entry has not mentioned of how long can I stay in U.S. They just stamped my passport and that’s all.... I have friends of mine who visited U.S for months they have never been asked when they have to leave the U.S. so if there is no date/statement in my passport stats that I have to leave the U.S, It should not be an issue for me later when my husband applies for my paper works?

4)I understand there is a policy (not law) that Canadians are allowed to visit the U.S for a period of 180 days but how come they do not stamp or mention this when they enter to the U.S ?

5)Is European or and other common world countries under VWP has the same rights a Canadians (can stay for 180 days)?

6) Can I stay here with my husband until he becomes a resident and we apply for my adjustment of status here in U.S?

Please advise... Thank you in advance!

[stronger 43]

I was a Canadian citizen until April of last year. I would advise you to never overstay, and never lie to the boarder reps. Always have a return ticket to Canada and proof of ties to Canada with you. Once denied entry this will cause a lot of trouble. Many years ago it happened to me and I was unable to enter for 6 months. I myself applied for my now husband immediately after getting my citizenship. They said at the oath ceremony you all have every legal right of every other citizen. You can apply for visas and petition family now.

As for your husband petitioning you, he can do so now and upgrade the petition when he is a citizen. It may take him 6 months to a year to finalize his citizenship. And permanent residents normally have a nearly 2-3 year wait for spouses. Its about the same wait either way. I would just strongly advise you against living here illegally. if caught, they could ban you for 5 years or longer. Keep ties in Canada and I might consider some contract work back home in Canada.

Feel free to hit me up if you have questions.

[canadian_wife 1,829]

1. Because it is quicker for citizens to petition for spouses than Perm Residents

2. Yes, but make sure he upgrades the petition when he becomes a citizen

3. Don't overstay and it won't be an issue

4. They scan your passport, no real need to stamp them anymore, it is tagged in your passport and recorded

5. No, just Canadians. VWP gets 90 days

6. Don't enter as a tourist with intentions of immigrating. You clearly have intentions to immigrate and it is illegal to enter as you did and adjust status.

Good luck

[Parwana 0]

1. Because it is quicker for citizens to petition for spouses than Perm Residents

2. Yes, but make sure he upgrades the petition when he becomes a citizen

3. Don't overstay and it won't be an issue

4. They scan your passport, no real need to stamp them anymore, it is tagged in your passport and recorded

5. No, just Canadians. VWP gets 90 days

6. Don't enter as a tourist with intentions of immigrating. You clearly have intentions to immigrate and it is illegal to enter as you did and adjust status.

Good luck

Thank you!

Please forgive me if these questions are re-stated.

1) What do you all mean by ''over stay'' or ''illegal''? What I understand is if there was a date set for Canadian/me to leave, they should clearly mark it. Like I went to a country few years ago when I entered they stamped my passport and it clearly said ''entry date and the date I had to leave''. Now nowhere in my passport states I have to leave in 180 days neither the officer at the port of entry verbally mentioned anything like this. I have full support of my husband - which part of my stay is ‘‘illegal’’?

2) I am a month pregnant and, by the time I give birth to my child my husband will be a citizen, would this child help me get my paper work completed here in U.S since I have an American born Kid - I heard being a mother of an American child and spouse of an American citizen they will forgive and let the application to through (adjustment of status) ?

I have no bad records nowhere - always been a honest citizen and I simply live here with my husband which is my natural right - I am simply waiting for my husband to finish his paper work and apply for my documents to have the rights to settle my life here in U.S. I think I am not commenting any crim.

Please add your thoughts here.

Thanks again!

[Kathryn41 3,205]

Hello,

I am a Canadian Citizen and I am married to a US Permanent Resident. Our wedding happened outside the US and Canada. My questions are as follow:

1) My husband will be a USC by the end of 2013 and he contacted some lawyer and they advised he should wait until he gets his citizenship and then apply for my paper work, is that true, if so why?

You can do it either way. US Citizens get preference so there is no 'waiting list' for spousal petitions. There is for permanent residents so you would have to wait until a visa number became available which could be several years before they would start to process your application. He can file the petition to start the process now, then when he becomes a citizen, advise them of his new status and they will upgrade your status to 'visa number immediately available' and start to work on your visa. Or, he can wait until his own citizenship is processed and then start your process.

2) Can he apply for me while he is a permanent resident? Yes. They can process his I-130 petition but they won't start on any further paperwork until he is a citizen or a visa number becomes available. Either way, you wait until he is eligible.

3) I am in U.S at this time living with my husband, the officer at the point of entry has not mentioned of how long can I stay in U.S. They just stamped my passport and that's all.... I have friends of mine who visited U.S for months they have never been asked when they have to leave the U.S. so if there is no date/statement in my passport stats that I have to leave the U.S, It should not be an issue for me later when my husband applies for my paper works?

"Living" with your husband? This is actually illegal unless you have a visa that allows you to live in the US. You can visit your husband up to 6 months on any one visit, but you should also expect to spend an equal or greater amount of time outside of the US in any given year as well. If you continue to 'live' in the US beyond the maximum 6 months allowed on an entry, you will begin to accrue out of status days. 180 out of status days means that you will earn a 3 year ban on entering the US if you leave the US (for any reason including attending a visa interview or family emergency). A year of out of status days means an automatic 10 year ban on re-entering the US. So, please revise your thinking from 'living' to 'visiting' and make sure you do not stay in the US longer than 6 months. Any out of status days less than that may mean when you do apply to re-enter the US as a visitor you will be denied entry because you have shown yourself to be an immigration risk and someone who does not respect US legislation.

You can visit during this process, but it will be up to the border guard on each and every time you cross the border if - and for how long - you will be allowed to remain in the US. They scan your passport or entry documents when you enter the US so do - and will - have a record of when you entered even if do not stamp anything in your passport. They know, and don't begin to let yourself think otherwise.

Two other factors to keep in mind - remaining outside of Canada for more than 6 months generally cancels your Canadian Provincial health insurance and unless you have really good travel insurance you may run into health issues if you have a medical emergency (most travel insurance will require you to return home when you are able in order to continue treatment or care rather than continue in the US with their ober-expensive daily medical rates), plus the IRS looks at you with great interest as you are now a 'de facto' resident of the US and all residents need to file a tax return whether they have legal residency or not so you could find yourself afoul of the IRS if you do not file a tax return.

4)I understand there is a policy (not law) that Canadians are allowed to visit the U.S for a period of 180 days but how come they do not stamp or mention this when they enter to the U.S ? US border authorities are there to protect the US borders, not there to 'educate' travellers about US regulations. They expect you to have done that yourself before you apply for entry to the US. It is up to the border authorities each and every time you cross the border to decide if they will let you in or not. If they feel that you are a security or an immigration risk they will deny you entry. If you have shown yourself to have immigrant intent without having taken the necessary paperwork to pursue the process and/or do not have sufficient proof of ties to show that you will not/cannot remain in the US on this 'visit', they will deny you entry. It is up to you to know the rules and to make sure you can satisfy the requirements. They expect you to keep track of the dates as they have your date of entry in their system. If they do not stamp your passport you can stay legally up to 6 months. If they do stamp your passport, you can stay legally until the date stamped in your passport. You cannot stay indefinitely.

5)Is European or and other common world countries under VWP has the same rights a Canadians (can stay for 180 days)? No, Visa Waiver Programme is different. They are 'waived' from having to obtain a visa before entry to the US, but they do need to meet ESTES requirements now or will not be allowed to board their flights. VWP entrants have to leave after 90 days or when they are told upon entry the date by which they must leave, which may be less than 90 days. Canadians do not require a visa so are not 'waived' from having one. They are assumed to have a de-factor 'B2 visitors visa' unless told they require a 'paper visa' which they must then obtain from a US Consulate in Canada. They are expected to leave no later than 6 months, although generally will be given a shorter time period when they enter, even if it is just verbally. (Remember, it may be verbal to you, but they will record it in their records so you still have to follow it).

6) Can I stay here with my husband until he becomes a resident and we apply for my adjustment of status here in U.S? Not legally. If he were eligible to petition you now - or even eligible to become a citizen now - it would be a different story. A lot depends on when he is eligible to apply - and then add 5 to 6 months time on top of that. That will determine if you have or have not incurred a ban on re-entry to the US by the time he becomes eligible to sponsor you. If you incur a ban - that means have more than 180 days of out of status presence - you would not be able to return to Canada for any reason - to pack and move belongings, to attend a family wedding, to visit a dying parent or attend their funeral - without incurring a 10 year ban on re-entering. If you have 180 days out of status, even after you applied to adjust status, you would not be able to return to Canada until you actually got a green card - which could take up to 2 years or more. You would not be able to use the Advance Parole option as the overstay would 'trump' that benefit. That could mean you are facing a minimum of 1 to 3 years where you would have no status, would not be able to work, would not be able to get a driver's license, may not be able to get a bank account, would probably not be able to get any sort of health insurance (unlikely to be eligible to be added to his work health coverage without a SSN - important if you expect to have children), would not be able to get a SSN, would not be able to leave the US, and would not be able to visit friends or family back home for family celebrations, holidays or emergencies. Consider also what if either of you run into problems during this time? What if his citizenship is delayed or denied? What if something happens to him and you are left in the US with no status and no legal recourse upon which to call? If it were legally possible to 'live' in the US while waiting for our immigration journeys to process, don't you think many of us would have taken the same route? So, no, it is not a good idea. If he is going to be eligible to apply within the next few months you may choose to 'take the risk' but it is far better to go through the proper process and make sure you don't cause problems now that can haunt you for years in the future. Many of us have done the long distance relationship for a number of years as well. It's not fun and none of us appreciate the separation and the waiting, but if the relationship is worth pursuing, it is worth doing legally, and if you do things legally, you can visit and be together for part of the process - just not all.

Please advise... Thank you in advance!

Good luck.

Edited November 4, 2012 by Kathryn41

[Kathryn41 3,205]

Thank you!

Please forgive me if these questions are re-stated.

1) What do you all mean by ''over stay'' or ''illegal''? What I understand is if there was a date set for Canadian/me to leave, they should clearly mark it. Like I went to a country few years ago when I entered they stamped my passport and it clearly said ''entry date and the date I had to leave''. Now nowhere in my passport states I have to leave in 180 days neither the officer at the port of entry verbally mentioned anything like this. I have full support of my husband - which part of my stay is ''illegal''?

Any time over 180 days in the US is 'out of status'/'overstay/ illegal presence". They do not need to clearly mark it in your passport. You are expected to know the rules before you enter the US, and the de facto time period is a maximum of 180 days/6 months. They don't have to mention this to you. That is not their job. They are just there to decide if they will allow you to enter the US - and if there are circumstances that require it, to tell you how long you can stay. If they don't tell you a date, then you are allowed to stay to the official maximum which is 180 days. You are expected to know this just as you are expected to know - and to follow - the laws of the US while in the US.

2) I am a month pregnant and, by the time I give birth to my child my husband will be a citizen, would this child help me get my paper work completed here in U.S since I have an American born Kid - I heard being a mother of an American child and spouse of an American citizen they will forgive and let the application to through (adjustment of status) ?

When is your husband eligible to apply for citizenship? You said he was told by the lawyer he would be a citizen the end of 2013. It is now November 2012 - which means 12 to 13 months away. So that means at least a year before you can apply for AOS at the earliest - and that is assuming your husband is approved for citizenship in a timely way. If he can apply within a few months, then yes, you can probably stay and not incur enough out of status days to incur a ban by the time you would be eligible to apply for AOS. If it is more than a few months, however, and you are 1 month pregnant now and pregnancies generally last 9 months, your husband will still be several months away from being a citizen.

Your child, if born in the US, will be a US citizen, but having a US citizen child and being the spouse of an American citizen is no guarantee that your AOS will be granted. There are a number of individuals here on Visa Journey who can attest to that. You still have to go through the AOS process on your own merits. What is allowed is as the spouse of a US citizen, if you have any illegal status time or illegal work, it will be forgiven when your AOS is approved but there is no guarantee of approval. The only 'help' your US citizen child can offer is that when he/she turns 18 (or it may be 21) they are allowed to 'sponsor' you to become an immigrant. Up until then, they confer no benefits on you.

I have no bad records nowhere - always been a honest citizen and I simply live here with my husband which is my natural right - I am simply waiting for my husband to finish his paper work and apply for my documents to have the rights to settle my life here in U.S. I think I am not commenting any crim.

Having no bad records anywhere is in your favour as it increases the likelihood of your approval. What you term 'your natural right', however, is not the same thing as your 'legal' right. You are a foreigner in the US. The US gets to decide what is or isn't a crime or a violation in the US. Please do not make the mistake of expecting USCIS to have a heart. They do not. They don't have a soul or a sense of humour either. Forewarned is forearmed.

Please add your thoughts here.

Thanks again!

Edited November 4, 2012 by Kathryn41

[Kathryn41 3,205]

1) My husband will be a USC by the end of 2013 and he contacted some lawyer and they advised he should wait until he gets his citizenship and then apply for my paper work, is that true, if so why?

What is the date your husband received his green card? What is the actual date upon which your husband is resident in the US for 5 years? A lawyer cannot in all honesty tell him that he will be a citizen by the end of 2013. He can tell him there is a possibility that he will be a citizen, and even a good chance, but there is no guarantee. Is your husband eligible for citizenship starting in May or June, 2013? Does he have any 'bad records' or problems that may impact his petition?

And when did you last enter the US? how long have you been here on this visit?

Knowing these actual dates will help us give you the most accurate advice because there is a world of difference between your options based upon when he can apply and when you will likely be eligible to apply.

Edited November 4, 2012 by Kathryn41

[Parwana 0]

What is the date your husband received his green card? What is the actual date upon which your husband is resident in the US for 5 years? A lawyer cannot in all honesty tell him that he will be a citizen by the end of 2013. He can tell him there is a possibility that he will be a citizen, and even a good chance, but there is no guarantee. Is your husband eligible for citizenship starting in May or June, 2013? Does he have any 'bad records' or problems that may impact his petition?

And when did you last enter the US? how long have you been here on this visit?

Knowing these actual dates will help us give you the most accurate advice because there is a world of difference between your options based upon when he can apply and when you will likely be eligible to apply.

6) Can I stay here with my husband until he becomes a resident and we apply for my adjustment of status here in U.S? Not legally. If he were eligible to petition you now - or even eligible to become a citizen now - it would be a different story. A lot depends on when he is eligible to apply - and then add 5 to 6 months time on top of that. That will determine if you have or have not incurred a ban on re-entry to the US by the time he becomes eligible to sponsor you. If you incur a ban - that means have more than 180 days of out of status presence - you would not be able to return to Canada for any reason - to pack and move belongings, to attend a family wedding, to visit a dying parent or attend their funeral - without incurring a 10 year ban on re-entering. If you have 180 days out of status, even after you applied to adjust status, you would not be able to return to Canada until you actually got a green card - which could take up to 2 years or more. You would not be able to use the Advance Parole option as the overstay would 'trump' that benefit. That could mean you are facing a minimum of 1 to 3 years where you would have no status, would not be able to work, would not be able to get a driver's license, may not be able to get a bank account, would probably not be able to get any sort of health insurance (unlikely to be eligible to be added to his work health coverage without a SSN - important if you expect to have children), would not be able to get a SSN, would not be able to leave the US, and would not be able to visit friends or family back home for family celebrations, holidays or emergencies. Consider also what if either of you run into problems during this time? What if his citizenship is delayed or denied? What if something happens to him and you are left in the US with no status and no legal recourse upon which to call? If it were legally possible to 'live' in the US while waiting for our immigration journeys to process, don't you think many of us would have taken the same route? So, no, it is not a good idea. If he is going to be eligible to apply within the next few months you may choose to 'take the risk' but it is far better to go through the proper process and make sure you don't cause problems now that can haunt you for years in the future. Many of us have done the long distance relationship for a number of years as well. It's not fun and none of us appreciate the separation and the waiting, but if the relationship is worth pursuing, it is worth doing legally, and if you do things legally, you can visit and be together for part of the process - just not all.

Thank you for all your answers, I really appreciate it. My new question is that you have mentioned of me being banned from CANADA?? why? I am a Canadian citizen for years. I can be out of Canada as long as much I want As long I am paying my taxes..Correct?

Another thing how about if I start studying at the college, Do I still have to leave every 6 months to say hello to U.S border?

Thank you very much for your sweet time

[canadian_wife 1,829]

College is not cheap, but yes, if you start studying then you would change your status from 'tourist' to 'student' and thus are not required to leave the country at a specific time

When is your husband eligigle for citizenship?

Good luck

[Parwana 0]

College is not cheap, but yes, if you start studying then you would change your status from 'tourist' to 'student' and thus are not required to leave the country at a specific time

When is your husband eligigle for citizenship?

Good luck

Hello,

My husband will apply for his U.S citizenship on December 29th 2013. Please let me know whether my absence from Canada will not have any bad affects on my Citizenship?? Looking into the threads above someone has mentioned Canada will ban me to entry? I am a Canadian, How long can I be outside Canada that can not cause any issues for me, Sorry never came across such a situation I always though Canada and U.S are close ties and this permission - visa should not be an issue for their ''good'' citizens.

Please add some more lights here...

Thanks! much appreciated

[jaycali 415]

Hello,My husband will apply for his U.S citizenship on December 29th 2013. Please let me know whether my absence from Canada will not have any bad affects on my Citizenship?? Looking into the threads above someone has mentioned Canada will ban me to entry? I am a Canadian, How long can I be outside Canada that can not cause any issues for me, Sorry never came across such a situation I always though Canada and U.S are close ties and this permission - visa should not be an issue for their ''good'' citizens.Please add some more lights here...Thanks! much appreciated

Citizens of most countries need a visa simply to visit the US. Citizens of certain countries can visit for up to 90 days without a visa, simply by registering online through something called ESTA. Canadian citizens can visit, up to 180 days without even touching ESTA - you've got it good.

Now, the repercussions for breaking the privilege you're given are the same whether you're from Canada or Cambodia. You're breaking the law nonetheless.

It doesn't matter that they don't verbally tell you 180 days. You're expected to know when you show up at the border and apply for admission. They don't tell you that you can't work our vote either - you're expected to know.

It's simple. You entered the US as a tourist/visitor, and while tourists are welcome, they are expected to leave at the end of their stay - Doesn't matter if they're from Canada or Cameroon.

Your issue isn't with Canada. You're a Canadian citizen and Canada doesn't care if you're outside Canada for a day or a decade. You have the RIGHT to be in Canada. As neither you, not your husband are US citizens, neither of you have the RIGHT to be in the US. You have been given the privilege of being in the US. Your husband has been given the privilege to live in the US forever, and you have been given the privilege to visit the US for up to 180 days.

You say it's your right to be with your husband, and I agree. However, it is not your right to break the laws if the US in order to be with him sooner. Your husband isn't a citizen, he's been given the privilege to live in the US permanently, and he is given the privilege to petition for his wife to live in the US with him. For all immigration cares, you guys might as well live in Canada.

Staying in the US past the 180 days you are given opens the door to so many potential pit falls, it's barely ever worth the risk.

Once you overstay, you trigger a bar from re-entry. An overstay of more than 180 days incurs a 3 year bar. One year plus incurs 10 years. You won't be affected if you stay until your husband becomes a citizen and you can adjust status, but you'll still be subject to deportation until then if ICE catches you. Have you thought about what would happen if your husband somehow doesn't get citizenship? You won't be able to adjust status, and you'll be living illegally in the US without being able to return to Canada, because the moment you leave the US you'd trigger a 10 year bar.

Having a US citizen baby does not give you any immigration benefit what so ever. In the eyes of immigration, you can live with your baby in Canada. The only immigration benefit you'll get is the possibility for your kid repetition for you.. When he/she turns 21.

You're misunderstanding an important concept, right vs privilege. No non-citizen has the right to live or even be in the US. It's a privilege given. It's the same in Canada. Your right is to be with your husband. Being with your husband in the US however, is a privilege. Earn your privilege the right way, follow the laws that we all are bound by.

Edited November 4, 2012 by Jay Jay

[jaycali 415]

Having a US citizen baby does not give you any immigration benefit what so ever. In the eyes of immigration, you can live with your baby in Canada. The only immigration benefit you'll get is the possibility for your kid repetition to petition for you.. When he/she turns 21.

Autocorrect*

[Parwana 0]

Thank you All! Yes I guess there is no choice or to study or go back to Canada....

[Kathryn41 3,205]

Thank you for all your answers, I really appreciate it. My new question is that you have mentioned of me being banned from CANADA?? why? I am a Canadian citizen for years. I can be out of Canada as long as much I want As long I am paying my taxes..Correct?

Another thing how about if I start studying at the college, Do I still have to leave every 6 months to say hello to U.S border?

Thank you very much for your sweet time

I'm sorry, I wasn't very clear in my explanation. Yes, of course, you can always return to Canada and will be allowed to cross the border into Canada. The problem is, that in your situation, going to Canada with have consequences that you don't want.

If you leave the US to go back to Canada and you have out of status days, you may not be allowed to re-enter the US. If you have more than 180 status days, you definitely will not be able to return to the US and will be banned from re-entering the US for 3 years. If you have more than 1 year of out of status days, then if you left the US when you tried to return you would be denied entry and you would be banned from re-entering the US for 10 years.

If you have applied for Adjustment of Status, then if you leave the US without having a green card of a special travel document called an Advance Parole, you will be deemed as having abandoned your AOS petition and would not be allowed to re-enter the US without having a proper spousal visa. If you have no out of status days, then you can use the Advance Parole to leave the US and return - be 'paroled' - back into the US, although there is no guarantee of re-entry even with an AP. If you do have out of status days and leaving would incur a ban, then even with an Advance Parole you would not be allowed to re-enter the US.

This is why it is critical to know the exact dates of when you arrived in the US and when you husband realistically can expect to become a citizen. If it looks like he will be eligible for citizenship before you incur an overstay/out of status ban, then you would probably be alright to take the risk and remain in the US. If it looks like he will not be eligible for citizenship before your overstay incurs a ban, then you would be much better off leaving the US and returning to Canada, the two of you visiting during the processing time, but not 'living' together.

Edited November 5, 2012 by Kathryn41

[Kathryn41 3,205]

Hello,

My husband will apply for his U.S citizenship on December 29th 2013. Please let me know whether my absence from Canada will not have any bad affects on my Citizenship?? Looking into the threads above someone has mentioned Canada will ban me to entry? I am a Canadian, How long can I be outside Canada that can not cause any issues for me, Sorry never came across such a situation I always though Canada and U.S are close ties and this permission - visa should not be an issue for their ''good'' citizens.

Please add some more lights here...

Thanks! much appreciated

If your husband is not eligible to apply for citizenship until December 29th, 2013, he will not be a citizen the end of 2013 as you said your lawyer quoted. The processing time for citizenship is currently taking 4 to 7 months after the application is received (depending on how busy the USCIS office is where the applicant lives). That means that your husband is not likely to become a US citizen any earlier than late April/early May 2014 if he applied as soon as he was eligible - and May/June 2014 would be more realistic.. That is assuming he doesn't run into any problems or has to wait several months before USCIS schedules a citizenship oath ceremony.. If you are currently one month pregnant, that means your child will be approximately 1 year old by the earliest time your husband could become a citizen. You would not be able to file your AOS petition until he was a citizen which realistically would be Summer/Fall of 2014.

These dates are too far away for you to remain safely in the US. Your husband should consider filing the I-130 petition for you now while he is a permanent resident, then when he becomes a citizen he can upgrade the petition and a visa number would become available for you right away. You would still have to go through the visa process which will happen in Canada, and you would then get your green card when you officially entered the US.

I'm sorry that this isn't what you want to hear but you would be much wiser and safer not to put a future visa at risk with a 3 or 10 year ban for immigration violations by making sure you do not overstay your 180 days allowed to 'visit' the US.

Oh, and US Border authorities do not consider Canadians 'good neighbours' - they view everyone - Canadians or others - as potential illegal aliens who harbour secret intentions of trying to take advantage of the 'good life' in the US without proper authorization and it is their job to protect the US from such undesirables. The US government considers Canada a good neighbour - but the border authorities view individual Canadians as possible threats to US security.

Edited November 5, 2012 by Kathryn41