Possible Trouble?

[deedee1111 0]

My fiance and I will be getting married in Canada next month and filing the CR1. He is Canadian and I am a USC. I have a worry I am not sure I should really be worried about. My fiance had a work visa over 10 years ago and came to the US to work. He ended up overstaying that visa....by years. He came back across the Canadian border without even having a passport. That is about the time we met. He got his passport and came across to see me Oct 2012 and didn't go back until this Christmas with me. When he came across in 2012 he didn't have any type of visa...just told the border that he was visiting me for a lil while and had no issues driving across. Then we drove across together back to the US this Christmas after our visit up there in Canada for a week. They gave him a visitor visa for 2 weeks after almost not letting him in. He went back to Canada this past weekend after his 2 weeks were up.

Now I know technically he should be barred....but they have let him in twice now since the long overstay. He never was officially banned. Will this come up at all during the process of the spousal visa? Or not until the interview?

[Boiler 45,499]

When did he leave after overstaying his work visa?

[deedee1111 0]

When did he leave after overstaying his work visa?

8 years later.....

[Boiler 45,499]

Well if he entered on a work visa 10 ish years ago, overstayed by 8 years or so and left a couple of years ago he will have a 10 year waiverable ban.

[deedee1111 0]

Then why would let they let him back in twice since then? Without even having a visa the first time in 2012?

[Boiler 45,499]

My guess is that they did not know about his previous transgressions.

Usually Canadians do not need Visa's to visit.

[deedee1111 0]

My guess is that they did not know about his previous transgressions.

Usually Canadians do not need Visa's to visit.

So would that be on record? Or would they have to dig deep to find it. I know we are supposed to be honest about things....but I don't want to open a can of worms if it doesn't come up.

[Boiler 45,499]

They would just have to read his application, prior entries to the US have to be listed.

[Dave&Roza 748]

Then why would let they let him back in twice since then? Without even having a visa the first time in 2012?

If you have ever had to deal with federal agencies like the USCIS or FAA you would understand why this can happen. Federal agencies work at the speed of a glacier. They will discover this at some point during your process. If he was not interested in marrying someone from the US and immigrating to the US then I bet this would never come up, however; since he is going to apply for a visa to come to the US, he will be under more scrutiny. Plus he will need to list trips to the US and it will come out at that time. Should he decide to not mention his overstay, he will be charged with misrepresentation and receive a lifetime ban from ever being allowed into the US. So one way or another, this overstay will come to light.

I would start the process by completing the waiver and admit the overstay upfront. IMHO, it is better for him to admit his mistake than to have the USCIS discover it as they will use a much bigger shovel in going over his past if they bring it to light than if he does.

Good luck,

Dave

[Boiler 45,499]

I would start the process by having at least a consultation with a Lawyer familiar with waivers. There is a list of good ones on www.immigrate2us.net.

[deedee1111 0]

Does anyone have any experience with waivers having to be filed during the CR1 process. Will they flat out deny the applications or will they request the waivers be filed before the visa is approved or denied?

[Boiler 45,499]

There is a forum here about waivers and that web site I mentioned is mainly about waivers of different types.

First check what you are up against.

The process is similar, except he would be refused a visa at the interview and given the opportunity to file a waiver, last time I saw they seem to be taking 6 months or so.

Assuming a waiver is needed then whilst some people do their own, it does require a lot of work.

On the plus side if it is a simple overstay the success rate is high.

[Hypnos 6,576]

It's usually best to have the waiver ready to go (signed, sealed, completed) when you go to the visa interview. If, at the interview they tell you you are inadmissible, you then hand them the waiver and take it from there. From outside the US he cannot submit the waiver request until the visa has been denied.

[canadian_wife 1,822]

It is important that you do NOT lie on your petition, that will simply compound an already sticky situation.

good luck

[deedee1111 0]

What if he was in the US to visit me after we were married in Canada and we all of a sudden decided to file a change of status? This is all hypothetical since I know planning on immigrating while visiting is illegal, but I know people make sudden plans while they are here. Would that be an easier way to go? I mean if they let him across....but he was actually banned. Would they kick him out or would the change of status void that?