Possible visa overstay Canada/USA

[jstriders 70]

Sorry for the long post.
Here is my situation. 
While dating my now husband I was entering/exiting USA from Canada several times every week in 2018 (Tuesday, Wednesday and Friday). We live close to the border, and he has young child, whom he has 50/50 custody and she is with him every week for 3 or 4 days. It made sense to us that I would drive to him to spend time together, as his daughter has a lot of after-school activities and my 16 year old was spending time with her father.
I would go to see him overnight and return next morning for work. Enter back the same day and return next morning again and on the weekends visit with my daughter for 3 nights, returning to Canada Monday morning for school and work.
Once, at the beginning of 2018, I was advised at the border to watch time spent in USA, I did some research on Google and found out that I can apply for I-94 to track my entries. Next time I was at the POE I requested to get the record and was literally laughed at by Border Patrol because ‘who does that?’
I was trying to get my data for entries/exits via I-94 website, but it shows ‘no record can be found’.
I have started the spreadsheet to record my entries and exits and was careful to record the data on the daily basis, but I am finding out now that I was wrong counting my hours and days spend in USA.

Now we are married and applied for I-130, CR1, PD April 29,2019. Our case is at Texas SC. I exited USA back in April, same day the package was sent to USCIS.

Does anyone know what is the rule? Can you please point me to the right direction where I can find information about visa overstay and what possible consequences I will face during the process I am going through.

Thanks in advance

[payxibka 10,047]

2 minutes ago, jstriders said:

Sorry for the long post.
Here is my situation. 
While dating my now husband I was entering/exiting USA from Canada several times every week in 2018 (Tuesday, Wednesday and Friday). We live close to the border, and he has young child, whom he has 50/50 custody and she is with him every week for 3 or 4 days. It made sense to us that I would drive to him to spend time together, as his daughter has a lot of after-school activities and my 16 year old was spending time with her father.
I would go to see him overnight and return next morning for work. Enter back the same day and return next morning again and on the weekends visit with my daughter for 3 nights, returning to Canada Monday morning for school and work.
Once, at the beginning of 2018, I was advised at the border to watch time spent in USA, I did some research on Google and found out that I can apply for I-94 to track my entries. Next time I was at the POE I requested to get the record and was literally laughed at by Border Patrol because ‘who does that?’
I was trying to get my data for entries/exits via I-94 website, but it shows ‘no record can be found’.
I have started the spreadsheet to record my entries and exits and was careful to record the data on the daily basis, but I am finding out now that I was wrong counting my hours and days spend in USA.

Now we are married and applied for I-130, CR1, PD April 29,2019. Our case is at Texas SC. I exited USA back in April, same day the package was sent to USCIS.

Does anyone know what is the rule? Can you please point me to the right direction where I can find information about visa overstay and what possible consequences I will face during the process I am going through.

Thanks in advance

If you never spent but a few days in the USA with each visit,  there is no problem (typical authorized stay for a Canadianis 6 months).   If you had at some point exceeded your authorized stay at some point you would have been denied entry.   

 

Even if you had an overstay,  as the spouse of a USC,  this is ignored when deciding immigrant Visas

[Cryssiekins 976]

Sometimes the CBP agent is just being authoritative, as from the sounds of it, you never spent an exorbitant amount of time in one stay.  
 

With Canadians, it’s slightly different than other countries.  My husband and I crossed multiple times before we were married (a few times I had 2 same day entrances), but we never spent more than 3-4 days at a time.  I also was never able to find an official record of my travel

history best guess estimation when I filled out the visa application.  

[jstriders 70]

1 hour ago, payxibka said:

If you never spent but a few days in the USA with each visit,  there is no problem (typical authorized stay for a Canadianis 6 months).   If you had at some point exceeded your authorized stay at some point you would have been denied entry.   

 

Even if you had an overstay,  as the spouse of a USC,  this is ignored when deciding immigrant Visas

I have never been denied entry to USA. Questioned? Yes. Had to have paperwork on me to prove that I intent to return to Canada? Yes.

 

Thank you got your advise. Someone else advised me that every entry would count as separate day. Let’s say I entered USA Tuesday evening at 5 pm, exited Wednesday at 8 am. This would count as 2 days.

If I would return to USA that same Wednesday after work and exited Thursday morning again, it would be 2 more days!! Wednesday in this instance would count twice!

Based in this calculation I definitely have an overstay.

I guess at this time I have to complete the process; go through the NVC stage, medical and interview and then, in case I am denied visa, apply for waiver.

Sounds like a horror story, but this is my life situation...

[jstriders 70]

1 hour ago, Cryssiekins said:

Sometimes the CBP agent is just being authoritative, as from the sounds of it, you never spent an exorbitant amount of time in one stay.  
 

With Canadians, it’s slightly different than other countries.  My husband and I crossed multiple times before we were married (a few times I had 2 same day entrances), but we never spent more than 3-4 days at a time.  I also was never able to find an official record of my travel

history best guess estimation when I filled out the visa application.  

You received your visa no problem?

 

TIA

[payxibka 10,047]

1 minute ago, jstriders said:

I have never been denied entry to USA. Questioned? Yes. Had to have paperwork on me to prove that I intent to return to Canada? Yes.

 

Thank you got your advise. Someone else advised me that every entry would count as separate day. Let’s say I entered USA Tuesday evening at 5 pm, exited Wednesday at 8 am. This would count as 2 days.

If I would return to USA that same Wednesday after work and exited Thursday morning again, it would be 2 more days!! Wednesday in this instance would count twice!

Based in this calculation I definitely have an overstay.

I guess at this time I have to complete the process; go through the NVC stage, medical and interview and then, in case I am denied visa, apply for waiver.

Sounds like a horror story, but this is my life situation...

You never had a contiguous stay of 6 months or more 

[jstriders 70]

1 minute ago, payxibka said:

You never had a contiguous stay of 6 months or more 

No, did not. Your answer gives me a little bit of hope. Thank you so very much!

[payxibka 10,047]

Just now, jstriders said:

No, did not. Your answer gives me a little bit of hope. Thank you so very much!

Much ado about nothing.   Your fine 

[jstriders 70]

48 minutes ago, payxibka said:

Much ado about nothing.   Your fine 

I certainly hope so 😂👍

[payxibka 10,047]

3 minutes ago, jstriders said:

I certainly hope so 😂👍

You can spend too much time in the USA,  as a result of multiple entries and one day be denied entry (thus the basis of the CBP warning) but this should not be confused with an overstay which is something very different 

[Cryssiekins 976]

1 hour ago, jstriders said:

You received your visa no problem?

 

TIA

I was issued a K1 visa in 2016.  No problems whatsoever.  
 

I did get pulled into secondary once.  Spent maybe like 2 hours sitting there.  Was told they called my husband (boyfriend at that time) and my story checked out.  They never called him.  It’s very dependent on which CBP agent you get, but, barring any criminal charges, you will be fine.

 

The worry and nerves are the worst, but perfectly normal.  I was paranoid about the interview and it was the easiest part. 

 

1 minute ago, payxibka said:

You can spend too much time in the USA,  as a result of multiple entries and one day be denied entry (thus the basis of the CBP warning) but this should not be confused with an overstay which is something very different 

Excellent point!  I think this is always a good message because no matter how slim the chance, no one, except a citizen, is guaranteed entrance.  

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.