Visa Options After Overstay

[hilliaal 0]

We're overwhelmed, confused, and panicked - help! Granted this whole situation is our fault for being naïve regarding US-Canada travel and immigration, we still genuinely need advice!

• October 2013 - Met while he was on H2B visa from Canada for semi-pro hockey
• April 2014 - H2B expired, returned to Canada by car.
• April to August 2014 - We both made several trips back and forth by air, I do not have a calculated number of days spent in the US
• October 3, 2014 - Entry to US on B2 visa with expiration November 12, 2014, unable to find legit visa-friendly work (Bachelor's degree, only business internship and hockey experience)
• April 15, 2015 - Left US for Canada due to family emergency
• April 26, 2015 - Denied entry to US at Toronto due to "5 month overstay". Given letter with list of documents to provide (utility bill, employment statement, etc.) and written comment "spend more time in Canada"

Yes, yes, yes! We get it! There are tons of things we could have done better in this scenario, but here we are. Also, we are beyond grateful he didn't hit the 6 month overstay mark with a 3 year bar. So obviously we want to be together. We have discussed marriage and know it's the final result for us but we are young post-grad adults getting started in our careers and simply haven't saved enough money for the ideal wedding. BUT we are 100% willing to marry now and celebrate at a better time, if that presents the best for us. Unfortunately moving to Canada despite a very visa-friendly job is not an option because I am in graduate school right now. What are our options to be together the quickest (legal) way?! We're both in shock, and it's just hard to believe there's no option but to wait 6-12+ months to see each other. We have started a life together here and by not being prepared we are separated and I'm alone in a new city.

• What visa or combination of visas would be best for us? K1? Work (TN? Unfamiliar with others)? Adjustment?
• Would getting married accelerate the process? K3? Form I-130?
• How long does he need to stay in Canada to get another visitor visa? And if he were to stay a month would that tack onto the 5 month overstay?

Any advice would be beyond appreciated! If you want to be a hero, what's a step by step game plan?! Think inseparable, in love, desperate couple!

[mallafri76 1,012]

Most of us on here are madly in love and just want to be together. In my case, my husband and I have been living apart for four and a half years, waiting for the opportunity for me to be able to move over so we can finally be together. You may think 6 - 12 months is a long time, but it's not really. And by doing the k-1 or cr-1 visa, he can move over the legal way and you don't ever have to have this problem again.

I'm not too familiar with the k-1 visa but the cr-1 visa, where you're already married, takes about a year and since you're still in school, you may need a joint financial sponsor to meet the federal poverty guidelines for a household of two, which is about $20,000 a year.

[hilliaal 0]

Most of us on here are madly in love and just want to be together. In my case, my husband and I have been living apart for four and a half years, waiting for the opportunity for me to be able to move over so we can finally be together. You may think 6 - 12 months is a long time, but it's not really. And by doing the k-1 or cr-1 visa, he can move over the legal way and you don't ever have to have this problem again.

I'm not too familiar with the k-1 visa but the cr-1 visa, where you're already married, takes about a year and since you're still in school, you may need a joint financial sponsor to meet the federal poverty guidelines for a household of two, which is about $20,000 a year.

Thanks for the quick response. I know it sounds petty to complain about 6-12 months in the grand scheme of things, but there's this major feeling of shock and "why the @(*^ did we not work on this sooner?!". Really hard on ourselves right now - especially when a 10 day trip home for him is now equaling a much longer stay. Eeek! So you are 100% right, we want this the legal and permanent way this time around.

More questions:

• I live in Nashville, Tennessee. He lives in Timmins, Ontario. Which service centers/lock boxes/interview places are we expecting? (Nashville - 25,000 Canadians and apparently we missed the memo on how to find visa-happy employment.)

• I feel I can meet the financial sponsor requirements. I am currently working and make ~$50,000/year. Is this based on state or federal poverty guidelines?

• If hired, would his overstay affect entering the US?

[mallafri76 1,012]

If you do the cr-1 visa, it'll be sent to the Chicago lockbox and I think from there, it can be sent to any service center.

If you make $50,000 you'll definitely meet the federal poverty guidelines so no need for a joint sponsor.

Not sure how it works with a work visa but an overstay does not affect the cr-1 visa.

[NikLR 13,227]

The overstay only acts against him for trying to visit again, so he's flagged, he has no ban.

Would he want to work right away or wait 90 days being a house husband?

[NancyNguyen 1,657]

Forget about tourist visa, once you fail to return on time, chance to get it back is slim. Think about K1 or spousal visas.

[hilliaal 0]

The overstay only acts against him for trying to visit again, so he's flagged, he has no ban.

Would he want to work right away or wait 90 days being a house husband?

We could definitely do one income, if that got us together faster. What's behind this option?

Also - given he has the supporting documents implying his return to Canada, when would he be given a better chance of visiting?

[NikLR 13,227]

We could definitely do one income, if that got us together faster. What's behind this option?

Also - given he has the supporting documents implying his return to Canada, when would he be given a better chance of visiting?

Yes he should provide proof of his ties to Canada. I've posted a list if you search it out

K1 requires an adjustment of status. After marriage in the USA, you can file the AOS. You can file for work authorization and a travel permit at the same time (EAD and AP.) He cannot work until he has the EAD and he cannot leave the USA until he has the AP or else the AOS is considered abandoned. Lots of people say "oh yeah, not working for 3 months is fine..." and are going bananas after a month. It's not just "can you afford it" it's "does he want to." I didn't like the idea of waiting to work because I like working and contributing.

[Lauren and Kevin 55]

..just adding in a link for him to use to look up (slightly off topic) the online I-94 record for all his entries into the country https://i94.cbp.dhs.gov/I94/request.html

....that way you do at least have an idea of exactly how much time he spent in the US..

[NikLR 13,227]

Forget about tourist visa, once you fail to return on time, chance to get it back is slim. Think about K1 or spousal visas.

Maybe on a regular tourist visa but Canadians generally don't have a lot of issues, especially for those with proof of their ties to Canada.