When do I disclose that my Fiance overstayed?

[sabinucsb 1]

Thank you all for the helpful replies. I guess I just have to hope that she won't be denied because of it, and hopefully the CBP Officer wasn't a complete idiot because for the most part he was very helpful. Never forget that sting of how he put the news though, "I've got good news and bad news: You aren't going to jail, but your g/f is being denied entry into the US." Might as well have took out my heart Indiana Jones 2 style...

[ryna 132]

The section you cited 212(a)(7)(A)(i)(I), is a denial at the border for having immigrant intent at the time of the attempted crossing. If her overstay dates really are as you say (11 months total, or 5 months more than the 6 consecutive months (180 days?) that Canadian citizens can stay in the U.S. there shouldn't be any ban affecting the K-1. The time frame CBP told you (5 yrs?) is meant to say "don't try a tourist border crossing again for 5 years and maybe then she won't be suspected of immigrant intent". He was right, though. The K-1 won't be affected because it's a given that there is immigrant intent with the K-1. If you are really worried that there might be a ban, fill out the I-601 and have it ready to send IF the K-1 is denied (for an overstay ban). But, I think you worry needlessly..

Whatever you do, don't falsify any dates on any forms that ask for dates of presence in the U.S. That will put you in a world of hurt!

Edited September 26, 2013 by ryna

[aaron2020 11,651]

File for the K-1. Be honest from the get go with the I-129f. Stop lying. Don't dig a bigger hole that may result in a lifetime ban. You guys have already been caught committing immigration fraud. Luckily, the penalty was a slap on the wrist. Don't compound it with more lies. Be honest about her time in the US; don't lie about the dates.

If she needs a waiver, then deal with it when it comes up.

Beat of luck.

Edited September 26, 2013 by aaron2020

[CaizLurol 36]

I believe it would be an overstay of 5 months in her case because Canadians can stay for 180(?) days (6 mo) in any year, so I don't think the 10 year ban is in effect.

Yes you're right. I understood differently from the OP's original post but that was cleared up. Thanks

[jens_prodigy 13]

Did they mention anything about a ban to your fiance at the border when she was stopped? I ask because, This topic is super scary to me because my situation is different but kinda similar too. I was stopped by CBP because they saw that I've been traveling to and from the US every six months for the past two years. Now I NEVER overstayed not even by a DAY but the CBP still said I had "immigrant intent" so they denied me with the same case number as your fiance. They never said I was banned or anything..they just made me sign a bunch of stuff, stamped my passport and interrogated me. They told me I needed a new visa and a waiver but everyone here said I shouldnt need a waiver since I was not banned. Any new thoughts? Dont want this to affect my K-1 standing. ;(

[Cathi 5,757]

Did they mention anything about a ban to your fiance at the border when she was stopped? I ask because, This topic is super scary to me because my situation is different but kinda similar too. I was stopped by CBP because they saw that I've been traveling to and from the US every six months for the past two years. Now I NEVER overstayed not even by a DAY but the CBP still said I had "immigrant intent" so they denied me with the same case number as your fiance. They never said I was banned or anything..they just made me sign a bunch of stuff, stamped my passport and interrogated me. They told me I needed a new visa and a waiver but everyone here said I shouldnt need a waiver since I was not banned. Any new thoughts? Dont want this to affect my K-1 standing. ;(

you need to start your own thread

[sabinucsb 1]

Like I said, the CBP Officer mentioned that she could be banned up to 5 years, and I seem to remember him saying that she was banned from visiting the US for a period of 5 years with the exception of having a proper visa, but I'm not going to tempt anything. She's not going near the border without the K-1 visa. I haven't even sent in my I-129F, so I'd imagine you would find out before me if that is an actual ban or not.

[Hypnos 6,576]

Additionally, Canadian visitors usually do not accrue overstay unless an immigration judge makes such a finding in immigration court (i.e. they are treated as an F-1 D/S).

I suspect that you've dodged a bullet with regards to inadmissibility, but I wouldn't bother trying to cross the border without a K-1 in your hands since it's highly likely she'd be refused entry once again.

[LoveMyTico 999]

Wow, the attorney gave you incorrect info and wrong advice! You can't lie and say she was here for 2 months when records show she was here for 11!! I believe the ban is 10 years and not 3 because she overstayed more than 6 months. You will have to apply for a waiver (I-601). Instead of the K-1, I'd just get married in Canada and file the I-130 along with the waiver...

Good luck!

up to 180 days is 3 year ban...... She has a 10 year ban. You'll need an I-601. That gets filed after they find her inadmisable during her interview.

Don't lie about an overstay. They are super sensitive about overstays. I suggest reading the guides and the many threads about waivers.

Did they mention anything about a ban to your fiance at the border when she was stopped? I ask because, This topic is super scary to me because my situation is different but kinda similar too. I was stopped by CBP because they saw that I've been traveling to and from the US every six months for the past two years. Now I NEVER overstayed not even by a DAY but the CBP still said I had "immigrant intent" so they denied me with the same case number as your fiance. They never said I was banned or anything..they just made me sign a bunch of stuff, stamped my passport and interrogated me. They told me I needed a new visa and a waiver but everyone here said I shouldnt need a waiver since I was not banned. Any new thoughts? Dont want this to affect my K-1 standing. ;(

What forms did you sign????

[Hypnos 6,576]

You are mistaken, due to the special provisions accorded to Canadians as I mentioned above.

You are also wrong about any ban, since you need at least 180 days for a three year bar, and 365 days for a ten year bar, not "up to 180 days".

Edited September 26, 2013 by Hypnos

[ryna 132]

You are mistaken, due to the special provisions accorded to Canadians as I mentioned above.

You are also wrong about any ban, since you need at least 180 days for a three year bar, and 365 days for a ten year bar, not "up to 180 days".

That's what I had always heard:

<180 days, no ban

181 but less than 365, 3 year ban

365+, 10 year ban

(for mere mortals, I.e., non-Canadians, anyhow)

Of course, all of this is contingent on having left voluntarily. <180 days w/deportation is a different story.

[Boiler 45,553]

I see no need for a waiver. No ban.

[Allymash 7]

I was denied at the US border ans was later allowed back in when I could show that I lived in canada and was only visiting. the US border patrol recommended that I files for a K1 visa and be with my fiance. I took that as a sign it was tine to settle down and make the move.

what a lot of people don't understand is that lawyers give you 3 options to be with your loved ones. 1) k1 2) get married and file and 3) say you are visiting get married and files for AOS. it happens all the time. those were the recommendations I have received and I know a lot of people young and old who have done it. I live in a border town so I know a lot of people who just move. I know a girl went down last month got married as a visitor following the instructions from their lawyer and now she has been finger printed and interviewed. my lawyer said it risky and after being denied at the border- I don't want to do anything risky.

so even though people think its not an option it happens everyday.

[sabinucsb 1]

On the G325A, the box for File No. Is that to be filed with the File No. we got from the paperwork at the border? The number we got was a 9 digit number in the following format A### - ### - ###. I'd imagine that if we don't include it there that we would get in more trouble, but I'm not sure if it is the number they are asking for when they say Alien Registration File No.

[sabinucsb 1]

I asked this on my other topic, but I thought it best to get another topic for the seperate question.

My fiance and I got turned around at the US/Canada border after a CBP interview. No formal removal proceeding was done, but she overstayed her visit by 5 months and change. She arrived 9/21/12, and we went to Canada 9/16, tried to come back 9/17 and got turned away. She was given a File Number A### - ### - ###, and I wondered if that file number is the file number that is requested on the G-325A. I'm going to visit her tomorrow to get her to sign all the documents needed to submit the I-129F package including the G-325A, so I would like to know if that should be included on the form.

Thanks again,