Montreal Consulate response -- can someone comprehend this?

[TrueNorth 0]

OK so because I'm paranoid and don't want to do the wrong thing, you're saying that he can "overstay" by those 3 days and I can file the package on the 20th (when I get paid, woot!) and it won't count against him as breaking any laws or overstaying because he's Canadian and I'm adjusting him here in the US and I'm a US citizen. I don't then have to submit the paperwork before the 17th which is technically his 180th day here in the States. I know you're usually only allowed 180 days as a visitor. (Is there any way to extend that, btw?) Seems things are different for Canadians and I'm always finding something new.

Am I understanding right?

And thanks because if this is cool then I can just ship the entire package and full payment on the 20th instead of scrambling to get it in by the 17th.

[TrueNorth 0]

I did some researching and I think the part I bolded below applies to hubby, so he can actually stay past the 17th and THEN adjust. Yes, I'm repeating this to myself a lot because I can't let myself be happy and relieved until I'm SURE. thank you for pointing this out, I never would have known otherwise!!

Alien must have entered the United States on the basis of a nonimmigrant visa

I.N.A. § 222(g) clearly states that the provision applies only to "an alien who has been admitted on the basis of a nonimmigrant visa..."

Aliens who enter the United States in ways other than with a particular nonimmigrant visa in their passport are not affected by § 222(g). USCIS and DOS clarified that the following individuals are not subject to overstay penalties, since they did not enter the United States on a nonimmigrant visa:

• Individuals who come on immigrant visas;
• Those who enter the United States under a visa waiver program (WB or WT status on the Visa Waiver Pilot Program or Guam Visa Waiver Program);
• Individuals who are not required to obtain visas under 8 C.F.R. § 212.1© (e.g., Canadians);
• Those who enter without inspection; and
• Those who are admitted to the United States in parole status.

It is important to understand that individuals in these categories who stay longer than the authorized period of stay are still in violation of their status, but they are not subject to I.N.A. § 222(g).

[Harpa Timsah 13,258]

Overstay is irrelevant for all spouses of USCs who are adjusting in country. It's not a special thing for Canadians.

In the interim, he could be detained, but once you submit the I-485 he will begin a new period of authorized stay, and the little overstay will not matter for AOS. The likelihood of him seeing any troubles while overstaying is very slim. I just point out that technically in that period he is overstaying, because some people erroneously believe that just being married to a USC makes them legal.

The biggest overstay I saw on here was 27 years. Not a problem for AOS.

[TrueNorth 0]

WOW, 27 years!

Thanks for the info, you're a gem!