I think i almost screwed up!!! please help regarding AOS

[kittygta 0]

hi guys, to explain everything in a nutshell!!! i am a canadian citizen who overstayed in the u.s by 3 years in the past (back when i was a citizen of bangladesh).....i became a canadian citizen after being in canada for over 4 years!!! got married to my bfriend WHO IS A U.S CITIZEN recently in canada and applied for my i130, that is when all these lawyers started scaring me about the overstay and that the i601 could take more than a year.........my i130 got approved recently and my husband actually asked me to visit him in boston with the vwp, i managed to get here because i drove with a few friends!!! now my husband is asking me to file for our AOS which as per my lawyer back in canada could COME UNDER visa fraud.........THE QUESTION IS SHOULD I TAKE A CHANCE WITH THE AOS AND WAIT IT OUT (atleast i am with my hubbie) OR I SHOULD GO BACK AND SUFFER FOR ATLEAST A YEAR OR MORE...

THANKS IN ADVANCE FOR ALL YOUR SUGGESSTIONS..

[kittygta 0]

hi guys, to explain everything in a nutshell!!! i am a canadian citizen who overstayed in the u.s by 3 years in the past (back when i was a citizen of bangladesh).....i became a canadian citizen after being in canada for over 4 years!!! got married to my bfriend WHO IS A U.S CITIZEN recently in canada and applied for my i130, that is when all these lawyers started scaring me about the overstay and that the i601 could take more than a year.........my i130 got approved recently and my husband actually asked me to visit him in boston with the vwp, i managed to get here because i drove with a few friends!!! now my husband is asking me to file for our AOS which as per my lawyer back in canada could COME UNDER visa fraud.........THE QUESTION IS SHOULD I TAKE A CHANCE WITH THE AOS AND WAIT IT OUT (atleast i am with my hubbie) OR I SHOULD GO BACK AND SUFFER FOR ATLEAST A YEAR OR MORE...

THANKS IN ADVANCE FOR ALL YOUR SUGGESSTIONS..

[Flames9_RN 359]

Cnadian citizens do not come to the USa under the Vsae waiver program do they??? And yes what ur doing is fraud, as u came to the USA with the intention of staying. You have already filed the I-130, thus u do have intent to immigrate!! Away for a year,or away for possibly MUCh longer if u do get charged with fraud!! I know I would sleep much more peaceful doing things the legal way!!

[kittygta 0]

Cnadian citizens do not come to the USa under the Vsae waiver program do they??? And yes what ur doing is fraud, as u came to the USA with the intention of staying. You have already filed the I-130, thus u do have intent to immigrate!! Away for a year,or away for possibly MUCh longer if u do get charged with fraud!! I know I would sleep much more peaceful doing things the legal way!!

Just to let you know, canadian citizens can come to the usa and live upto 6 months on the visa waiver programme without a problem !!!

( Canadian Citizens

Ordinarily, Canadian citizens require neither a passport nor a visa to enter the United States directly from Canada.

Simply present your proof of citizenship and photo ID at the U.S. Port of Entry. A Canadian passport is required when arriving in the U.S. from outside of the Western Hemisphere.

Canadian citizens are generally granted visitor status in the U.S. for up to six months at time of entry. Requests to extend a stay beyond this time must be made to the nearest office of the U.S. Citizenship and Immigration Service. Any visitor may be asked to demonstrate that they are only remaining temporarily in the United States )

For general information about Immigration or Residency to the United States, please go to the following page at the U.S. State Dept. web site:

http://www.voyage.gc.ca/dest/report-en.asp?country=308000

what do you think will happen if i do the AOS from here??? thanks for replying.

[featherB 1]

Cnadian citizens do not come to the USa under the Vsae waiver program do they??? And yes what ur doing is fraud, as u came to the USA with the intention of staying. You have already filed the I-130, thus u do have intent to immigrate!! Away for a year,or away for possibly MUCh longer if u do get charged with fraud!! I know I would sleep much more peaceful doing things the legal way!!

Just to let you know, canadian citizens can come to the usa and live upto 6 months on the visa waiver programme without a problem !!!

( Canadian Citizens

Ordinarily, Canadian citizens require neither a passport nor a visa to enter the United States directly from Canada.

Simply present your proof of citizenship and photo ID at the U.S. Port of Entry. A Canadian passport is required when arriving in the U.S. from outside of the Western Hemisphere.

Canadian citizens are generally granted visitor status in the U.S. for up to six months at time of entry. Requests to extend a stay beyond this time must be made to the nearest office of the U.S. Citizenship and Immigration Service. Any visitor may be asked to demonstrate that they are only remaining temporarily in the United States )

For general information about Immigration or Residency to the United States, please go to the following page at the U.S. State Dept. web site:

http://www.voyage.gc.ca/dest/report-en.asp?country=308000

what do you think will happen if i do the AOS from here??? thanks for replying.

Canada is not part of the visa waiver program (see here)... although I know I'm just nit-picking, 'cos you can still travel from Canada without a visa. Although I say 'you' in a general sense - if the same rules apply to Canadian citizens as to VWP country citizens, I'm pretty sure you wouldn't have been eligible to enter without a visa due to the previous overstay...

As for what you should do... I don't know about that one, hopefully someone else can help.

Edited June 4, 2007 by featherB

[kittygta 0]

Cnadian citizens do not come to the USa under the Vsae waiver program do they??? And yes what ur doing is fraud, as u came to the USA with the intention of staying. You have already filed the I-130, thus u do have intent to immigrate!! Away for a year,or away for possibly MUCh longer if u do get charged with fraud!! I know I would sleep much more peaceful doing things the legal way!!

Just to let you know, canadian citizens can come to the usa and live upto 6 months on the visa waiver programme without a problem !!!

( Canadian Citizens

Ordinarily, Canadian citizens require neither a passport nor a visa to enter the United States directly from Canada.

Simply present your proof of citizenship and photo ID at the U.S. Port of Entry. A Canadian passport is required when arriving in the U.S. from outside of the Western Hemisphere.

Canadian citizens are generally granted visitor status in the U.S. for up to six months at time of entry. Requests to extend a stay beyond this time must be made to the nearest office of the U.S. Citizenship and Immigration Service. Any visitor may be asked to demonstrate that they are only remaining temporarily in the United States )

For general information about Immigration or Residency to the United States, please go to the following page at the U.S. State Dept. web site:

http://www.voyage.gc.ca/dest/report-en.asp?country=308000

what do you think will happen if i do the AOS from here??? thanks for replying.

Canada is not part of the visa waiver program (see here)... although I know I'm just nit-picking, 'cos you can still travel from Canada without a visa. Although I say 'you' in a general sense - if the same rules apply to Canadian citizens as to VWP country citizens, I'm pretty sure you wouldn't have been eligible to enter without a visa due to the previous overstay...

As for what you should do... I don't know about that one, hopefully someone else can help.

thanks featherbee, when i came they asked me at the poe about my visit and i told them i was going to see my husband who lives in boston!! i even told them about our i130 approval....

[Kez/JWolf 6]

You need to go and see a immigration lawyer to discuss your options.... you can not be guided by others experiences here on VJ..... there is an advert every day the the Boston Metro paper for an immigration lawyer who is very good he has an office right by Government Center... he works with you to cover his fee....

Good Luck

Kez