My Story

[bearmirus 45]

I just felt I needed to get it out of my system. I got the inspiration to write my story from watching the movie, "Into the Wild" about Christopher McCandless.

Hello, My name is Mark and this is my story.

While I was waiting for my interview on March 17th. I was looking through this forum and making sure that I got all of my paperwork together. Forms, pictures, enough USD just in case, the whole 9 yards. Made my travel reservation, I thought it would be great to arrive in Montreal in style by taking VIA1 class and booked a hotel that none of the VJers been to. I'm going to stay in Montreal for 4 days with the interview in the middle. Give myself some time to find the consulate on Sunday and explore Montreal a bit after the interview.

I doubled checked my papers, making sure Im bring everything to the interview. I got myself a paper accordion to organize my stuff. Passport photo, medical envelope, all the forms that my wife and I filled out, etc, etc. Then I had a major flashback. It was about my situation of not able to enter POE at Toronto PFI airport back in May 1st, 2007 and ended up to filling out volunteer to withdrawal my admission. Apparently, I overstayed my TN visa by 8 months.

Now to be honest, nobody told me that I actually need to get a green card even though I already married to a USC for a few years (since 2001). Over the years while I was in USA, people would tell me that if were to marry an USC , I don't have to worry about getting any trouble or hassle of communication (I was born deaf) in order to reenter USA. It wasn't my intention to marry an USC when I came into USA. I was on F1 (student) visa in 1992 to 1998 and TN visa since then. I fell in love with a wonderful lady while I was working and got married in 2001. I was told that I just needed to bring some official documentations as proof. I had a funny feeling that there was something more to this but I never did anything about it.

I had all the paperwork with me when I was in Toronto-PFI. My wife birth certificate (to prove that she's USC), our marriage certificate, my birth certificate, my 10-month old daughter's birth certificate, my student ID and transcript to prove that I'm taking classes again at a deaf college as a full-time student, and my father's death certificate in United Kingdom which is why I left the country in the first place.

As expected, I went into the secondary holding area and met with the immigration officer. I had a really tough time understanding him since I'm deaf. I tried to lip read as much as I could and used pen and paper for some the words I did not understand. He wasn't exactly in a good mood when I first met him so that made our communication rather difficult. At the end, he pointed at a statement in the withdrawal of application and it said:

"Subject refused admission pursuant Section 212(a)(7)(A)(i)(I) and 212(a)(9)(B)(i) of the INA. Subject is advised he need to wait in Canada for his visa approval."

And that was it. End of discussion.

The officer gave me the paperwork, my passport and pointed me into the direction of the airline ticket counters, back to where I came in. My mind was reeling in the news, "Wait..wait..wait...THAT was not what I expected". It was quite the opposite direction of where I wanted to go.

By the time I look back, the officer was long gone, his back turned against me and walking away. I had no choice but to walk into that pointed direction. And boy did I ever walk slowly, almost to a snail pace.

I was watching travelers walking by me. Some of them were smiling as they passed through the primary passport checkpoint to their flights within the International terminal. Did that ever had an impact on me. Not only I had to deal with my father's death at the time, I now have another situation on my plate to deal with. I just simply took the tram and went to the Sheraton hotel that was attached to the airport to formulate my next course of action.

It wasn't until couple days later, I learned of how serious the implication that I caused without having the proper visa. My wife spoke with a lawyer, mentioned that I should have filed for an AOS after the marriage ceremony 2001. The lawyer also mentioned that the TN visa is NOT a one-year visa. TN is only good for as long I have employment for that one year. I have been renewing my TN visa for 7 years and not at one given time, any immigration officers ever told me that I need to return to Canada once I'm longer employed.

Ouch....Man, talk about quadruple whammy! My father's death, denied entry, should've gone through AOS, big no-no about TN. It feels as if my world was turned upside down with the notion that I wont be with my family at all. Then that withdrawal statement from the airport came back to my mind, "Subject is advised he need to wait in Canada for his visa approval"...... need to wait... visa approval.. slowly my mind put pieces together........ah okay so this is not really a permeant thing after all. All I have to do is to wait to get a visa for reentry... couldn't be THAT bad.... Shortly thereafter I realized that there are things out there in this world that is far far worst off than I am at the moment. AIDS, struggles in third world countries, people who still feel the aftermath of 9/11 effect, family who lost their loves one due to non-natural events, etc etc.

So trying to move on with my life, the lawyer pointed us to IR1 and hired him to help us with the IR1 filing paperwork for me to be back with my family. I thought I would do some research myself to see what I should expect out of going through IR1 process. I know we could've done the paperwork ourselves and save bundle of money but neither my wife nor myself was in any condition to do it.

It wasn't until couple of months later when I didn't hear anything from the lawyer. I figured it wouldn't hurt to do some research about this whole IR1 process. So I fired up my favorite web browsers and google everything about IR1. Thats how I came across this *GREAT* forum and you guys. OMG, what a great support system! While I was a lurker most of the time but some of you may not realize how positive it was to hear your situation, your difficulties that we can relate somehow, and the successful ending of getting the visa and being with your loves one in a country that you truly want to be in! I'm sure that has brought some untold positive feelings for many others who are still lurking around on this forum.

After I had that Toronto flashback, I had mild form of panic attack (at least I *think* it was mild), especially when the Montreal interview date creeping closer, day by day, minute by minute to March 17th. For those who knew me, having panic attack was practically unheard of. I'm one of those guys that rolls with the hits no matter how bad the situation it may seems and always look at the glass half full.

It just hit me, how does the withdrawal of application form affect my IR1 interview? So off I go, doing some more research on visajourney.com and came across something thats called waiver form. Now I starting to realized the connection between that waiver forms and remembered that my wife had to write up a hardship letter for the lawyer some months ago. Ah, okay the waiver form is called I-601. Then somewhere in the forum, one of the VJers mentioned about Montreal I-601 timeline posted on another website (immigrate2us.net).

I went to the website and thats when hit me for the second time..... more delay... the worst part is it take 9-12 months of waiting after the interview for Montreal to approve I-601.

My mind just went numb.

After having a couple glasses of Merlot wine, I managed to pull myself together again and reanalyze my situation. I made this far already. I have my friends and family rooting for me and they keep telling me to hang in there. It will take some time but I will get there.

Guess I won't be going home for a while.

There's a quote that I have in my facebook profile that says:

I've learned so far in life that you have to take the bad things with the good.

Things happen that will shape your future, and though you might not see it,

though it really sucks at the time, in the long run, you'll be thankful for the

experience and finally understand why it happened.

I have learned that an optimistic attitude goes a long way in making things

bearable.

Another day, another chance...

Might as well make the best out of it.

I feel a bit better now.

Thank you for reading my story.

[Delicia 1]

Very nice story and very well written. I hope your case is resolved soon and feel free to un-lurk and chime in on the randomness here whenever the mood strikes you.

[Flames9_RN 358]

Hope it all ends on a positive note!!

[Krikit 1,164]

Awwwwww. ((((((((((Big hugs, Mark))))))))))

One of the things that helped me was something my cousin said to me..... "The nice thing about time is that it passes. And, when you get to where you were meant to be, it will seem like no time at all." I always try to find something to learn from when things go wrong. There is always a greater message in there somewhere. It looks like you have the same outlook on life, Mark. Hang in there. You'll get to where you are meant to be and, one day, this will all feel like a dream.

[trailmix 77]

Thanks for sharing your story

I have no idea what effect the overstay will have, however I wish you luck with your interview and I also hope it will be a complete non-issue!

[bearmirus 45]

Thank you all for your positive comments!

[EmilyandJason 0]

hello and welcome

Thanks for sharing your story, I'll be thinking of you on the 17th during your interview.

[Carlawarla 1]

Wow Mark...that's an incredible story, and you articulated everything so well. I only wish the best for you and your family and hope you are together soon! I don't know too much about your specific visa, but know that encouragement, support, understanding...as well as hugs are always here for you! Thank you so much for sharing your candid story.

[Autumnchik 6]

What a powerful story. I hope that things go your way on the 17th. Please keep us posted

[bearmirus 45]

Please keep us posted

I certainly will keep all of you update with the news.

[IR5FORMUMSIE 850]

Mark, like everyone other poster here I am truly moved by your story. I hesitated in posting earlier since I couldn't find a definitive answer to your problem. As near as I can figure since you're applying for an immigration visa, you have a pretty good chance in Montreal. The overstay shouldn't carry the same weight for an immigrant visa that it does for a non-immigrant one. In my heart I truly believe that St. Patrick himself will be smiling upon you on that day. Refusal of entry is not as onerous a problem as most people think or so I gathered from the interviewer at Montreal. Mom was refused twice (once at Pearson) and she got her I-551 (well she hasn't activated it yet) without any problem. If your writing above is indicative, you need not worry. I'm sure you will acquit yourself in the same manner as you always have, brilliantly.

[SpiritAlight 1]

Dear Mark,

Thanks for your writing.

It is beautiful to read such depth of feeling.

And as Mumsie said, I too strongly believe that your inadmissibility will be a non-issue.

You simply were not informed as to how to go about things.

Do be real (as you were here) with the CO in Montreal and it will go super well.

Then do go out to Ste. Catherine's Street, wear a green carnation, drink green beer and enjoy the whackiness of all Montrealers who pretend to be Irish at the most fun parade ever.

[Chica Yeyé 41]

Oh Mark, your story really touched my otherwise steel heart. I feel for you, and like Mumsie (who is my brother, by the way) and spiritAllright said, I am confident that the March 17 experience will be a good one. Just one piece of meddling advice: DO NOT, repeat, DO NOT do the green beer thing even one day before your interview. We had a lovely friend amongst us who doesn't even drink, and was denied because the bicth at the counter "smelled alcohol in his breath" (which was pure BS, but she 'won' anyways). So reserve the St. Pat's celebration for afterwards.

keep us posted and may the gods be with you.

Peace, L.