When do I disclose that my Fiance overstayed?

[verysadguy 170]

You love her so much? Move to Canada and marry her there and live there. That is true love and devotion my friend. Sounds like you screwed up on the American side.

[Ryan H 3,812]

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

***In the interest of keeping information in one place, I have merged the topics.***

[sabinucsb 1]

Ok, so I need an answer in order to fill out the form. The File number from the Notice of Expedited Removal, is that the number I should put on the form?

Secondly, where it asks for her place of residence, she spent the last year with me, but her name was not on the lease, so no residence was in her name. However, her family moved in between that time, so when it asks for her place of residence, would I put only her residences in Canada, or include the residence in the US?

[David & Diana R 1,005]

I need some help, but my story is a little long:

My Fiance moved here in Sept 2012, and was here as a visitor. She told the CBP that she would only be staying for 2 weeks, but ended up staying a little less than a year. A lawyer advised that we would need a I-94 to get the ball rolling on any documentation, so she advised us to return to Canada and pretend that her trip here didn't happen, so we intended to get a I-94 with the story that she had only been in the US for 2 months instead of the 11 she had been. We drove to Vancouver and expected a quick return with the I-94, but unfortunately the CBP stopped us and long story short, she was refused at the border under 212(a)(7)(A)(i)(I), and we had to return to Canada. What followed was the worst 3 days of my life, I had to drive her back to her parents home in Alberta, and I had to return to USA without her. Now I am working on getting her back here ASAP, and my question is this:

When do I disclose that information?

The CBP officer told us that we should have no problem in getting a K-1, and that was the best route to take. I'm filling out the I-129F and all the documents that go with it according the very helpful guide on this website, but I'm afraid that if I do include this information in the packet that it will hurt our chances of getting approved, but that if I don't include it, it will hurt our chances when she goes to interview at the embassy.

Also, are there any extra steps I need to take, aside from the ones to listed on the guide, because another lawyer told me that I would have to file a I-212, even though it specifically states that I would not have to because we were merely refused entry into USA and were not removed by the Government. Suffice to say, I won't be using either of those lawyers again.

So sorry this is happening to you both. Here's my two cents: ALWAYS tell the truth...NEVER overstay.

Aloha Ke Akua

[verysadguy 170]

ALWAYS tell the truth...

No doubt about that.

Mekeleka hai, meka hiney ho

[David & Diana R 1,005]

No doubt about that.

Mekeleka hai, meka hiney ho

Hahahaha, Pee Wee's Playhouse? It's great to see you still have a sense of humor.

Actually Aloha Ke Akua is Hawaiian for God Is Love.

God Bless and I wish you the best.

Aloha Ke Akua

[aaron2020 11,651]

You love her so much? Move to Canada and marry her there and live there. That is true love and devotion my friend. Sounds like you screwed up on the American side.

This is wrong and not helpful.

While they have complicated their lives, they can still have a life in America. She does not have a life time ban, so why would your tell them to marry and live in Canada?

No need to be mean especially when your reply is wrong.

[sabinucsb 1]

Thanks Aaron, I reported that reply as well when it got posted. If anyone knows anything about my questions above:

1) Should I put the File number given to my fiance from the Notice of Departure from the CBP on her G-325A?

2) Should I list her extended stay in the USA in her residence history or is that a technicality that I should not use because she wasn't listed as a resident on my lease?

I posted the details clearly on an earlier post, but it got merged with another topic I made hoping to get my questions answered.

[David & Diana R 1,005]

You love her so much? Move to Canada and marry her there and live there. That is true love and devotion my friend. Sounds like you screwed up on the American side.

This is wrong and not helpful.

While they have complicated their lives, they can still have a life in America. She does not have a life time ban, so why would your tell them to marry and live in Canada?

No need to be mean especially when your reply is wrong.

Thanks Aaron, I reported that reply as well when it got posted. If anyone knows anything about my questions above:

1) Should I put the File number given to my fiance from the Notice of Departure from the CBP on her G-325A?

2) Should I list her extended stay in the USA in her residence history or is that a technicality that I should not use because she wasn't listed as a resident on my lease?

I posted the details clearly on an earlier post, but it got merged with another topic I made hoping to get my questions answered.

I am not sure why you would have reported verysadguy for his post. It sounded to me like he was offering up another possibility for you two. I mean you could move to Canada, yes? And I am quite sure you would agree that you guys messed up by your fiance over-staying her visa by about 11 months? Now you are asking if you should falsify her places of residence on the application? I hope you are joking. A person does not have to be listed on a lease to reside somewhere. The immigration people want to know where she lived, plain and simple. If I were you I would never lie again. I would have thought you would have figured this out by now. I am not being mean, just realistic. Do not be offended I am just trying to help. Despite your mistakes so far I still wish the best for you both. Don't make any more mistakes. That includes leaving out information that is requested on a form or application. Be honest.

Aloha Ke Akua

[sabinucsb 1]

I am not sure why you would have reported verysadguy for his post. It sounded to me like he was offering up another possibility for you two. I mean you could move to Canada, yes? And I am quite sure you would agree that you guys messed up by your fiance over-staying her visa by about 11 months? Now you are asking if you should falsify her places of residence on the application? I hope you are joking. A person does not have to be listed on a lease to reside somewhere. The immigration people want to know where she lived, plain and simple. If I were you I would never lie again. I would have thought you would have figured this out by now. I am not being mean, just realistic. Do not be offended I am just trying to help. Despite your mistakes so far I still wish the best for you both. Don't make any more mistakes. That includes leaving out information that is requested on a form or application. Be honest.

Aloha Ke Akua

Saying someone screwed up isn't helpful at all, it's putting me down, and at the point he made that post he didn't answer or add to my inquiry, so yes I did think it was valid to report him, not to mention the part about someone telling anyone what "true love" really is and implying that I'm not in it is insulting if not down right rude.

I wasn't asking if I should falsify her places of residence, I was asking if her places of residence included time she spent in another country as a visitor. Since you know, she was a visitor in USA, I certainly could say that she resided here, but then it's just blaringly pointing out that she overstayed her visa by 5 months and change, not 11 months, I mentioned on a previous post the dates she was here, not the dates she overstayed. Really the two questions I had still aren't being responded to in any of the posts, but maybe it's because I'm not clarifying enough...

A) Is the File Number given from CBP issued forms (like Notice of Inadmissibility) the same as the File number requested on the G-325A?

B) I'm just going to withdraw my second question since it seems pretty obvious that I should include the time spent in USA, but the question was considering that she was merely a visitor is it really considered a residence? I certainly wouldn't consider someone who went backpacking across Europe and decided to stay in Paris for a month as having resided in Paris for a month, just a traveler. I know 5 months is a lot longer than a month, but seeing as how I've never done one of these forms I thought I'd inquire on these forums. They have been helpful for the most part.

[KayDeeCee 4,893]

Saying someone screwed up isn't helpful at all, it's putting me down, and at the point he made that post he didn't answer or add to my inquiry, so yes I did think it was valid to report him, not to mention the part about someone telling anyone what "true love" really is and implying that I'm not in it is insulting if not down right rude.

I wasn't asking if I should falsify her places of residence, I was asking if her places of residence included time she spent in another country as a visitor. Since you know, she was a visitor in USA, I certainly could say that she resided here, but then it's just blaringly pointing out that she overstayed her visa by 5 months and change, not 11 months, I mentioned on a previous post the dates she was here, not the dates she overstayed. Really the two questions I had still aren't being responded to in any of the posts, but maybe it's because I'm not clarifying enough...

A) Is the File Number given from CBP issued forms (like Notice of Inadmissibility) the same as the File number requested on the G-325A?

B) I'm just going to withdraw my second question since it seems pretty obvious that I should include the time spent in USA, but the question was considering that she was merely a visitor is it really considered a residence? I certainly wouldn't consider someone who went backpacking across Europe and decided to stay in Paris for a month as having resided in Paris for a month, just a traveler. I know 5 months is a lot longer than a month, but seeing as how I've never done one of these forms I thought I'd inquire on these forums. They have been helpful for the most part.

I do not know for sure, which is why I decided not to answer you when I read your 2 questions. No one else has answered as of yet, so I will just tell you what I would personally do.

1) I would not list that number on the I-129F or G-325A where it asks for an A#.

2) I would list your US address as one of her residences for the last 5 years because she was actually living with you and really was not even intending to leave until the lawyer gave you such terrible advice. That is not even close to a comparison of someone taking a backpacking vacation across Europe. Yes, she entered as a visitor, but she was overstaying, actually living in the US and not planning on leaving. I would consider that residing.

[sabinucsb 1]

Isn't there a chance that I get in more trouble for not putting that number there? It really does look like it belongs there seeing as how they are both File numbers and start w/ A.

[KayDeeCee 4,893]

Isn't there a chance that I get in more trouble for not putting that number there? It really does look like it belongs there seeing as how they are both File numbers and start w/ A.

They will assign her an A#, which is an Alien Registration Number. That is what the I-129F asks for and what the G-325A is asking for as a File Number. Most people that are filing the I-129F petition do not have an A# yet, so it gets left blank. You will not be in any trouble for not listing it there. There was even someone that had been given an A# from a previous spousal visa and did not enter it on the I-129F petition forms and they were actually matched up to their previously assigned A# anyway.

[sabinucsb 1]

Perfect, thanks!

[David & Diana R 1,005]

Saying someone screwed up isn't helpful at all, it's putting me down, and at the point he made that post he didn't answer or add to my inquiry, so yes I did think it was valid to report him, not to mention the part about someone telling anyone what "true love" really is and implying that I'm not in it is insulting if not down right rude.

I wasn't asking if I should falsify her places of residence, I was asking if her places of residence included time she spent in another country as a visitor. Since you know, she was a visitor in USA, I certainly could say that she resided here, but then it's just blaringly pointing out that she overstayed her visa by 5 months and change, not 11 months, I mentioned on a previous post the dates she was here, not the dates she overstayed. Really the two questions I had still aren't being responded to in any of the posts, but maybe it's because I'm not clarifying enough...

A) Is the File Number given from CBP issued forms (like Notice of Inadmissibility) the same as the File number requested on the G-325A?

B) I'm just going to withdraw my second question since it seems pretty obvious that I should include the time spent in USA, but the question was considering that she was merely a visitor is it really considered a residence? I certainly wouldn't consider someone who went backpacking across Europe and decided to stay in Paris for a month as having resided in Paris for a month, just a traveler. I know 5 months is a lot longer than a month, but seeing as how I've never done one of these forms I thought I'd inquire on these forums. They have been helpful for the most part.

I'm sorry that I don't have the answer to A.

This is my opinion on B: Did she reside (live) at an address in the US or anywhere on the planet? I believe the answer is yes. Now if you do not include all of the addresses at which she resided you will be committing visa fraud (IMHO). I believe this is tantamount to lying by ommission? Plus the application will be returned to you as incomplete because they want to see a continous timeline of residency. (No missing time periods) I know this becasue I mistankenly put the wrong date (1 day off) on one of my spouses residences and had to correct it for them. It added 4 weeks to our process. I think most, including myself here are trying to help you. Just remember, It's easier to remember the truth than a lie. So keep it honest and you will be ok. God Bless

Aloha Ke Akua