US Immigration from Canada

Hello,

I have been in Canada for a a few months due to Covid and it's now time for me to return home to New York. My greencard expired on 2/25/19 and my extension letter expires this month, on August 25. I HAD airline travel booked for the 24th but it has now been cancelled, and I'm finding it very difficult to get a flight out of here before then now. I am definitely going to keep trying my hardest to leave before then.

In the event that it's impossible for me to do so, do I have any options, especially during COVID? I know that my *status* doesn't expire, just the extension letter and therefore the proof of my status expires. Is there any option for me to get the stamp in my passport from an embassy or consulate here in Canada? Will I have a lot of trouble at the airport or would it be a scenario of some extra chatting and the immigration officers looking up proof?

Any help appreciated!

Okay so something has come up that has started to stress me out a little (what s new)& I m looking for advice.

Up until February of this year I d been travelling back & forth across the border to visit my now fianc since 2018 (we were just dating at the time).

Now I m a Canadian Permanent Resident, with a British Passport so I m part of the VWP. I have a valid ESTA. Once my I-94 ran out after & I re-entered I was granted a new one.

None of the border officers really had an issue with this since I lived 20 minutes from the border to Niagara Falls, NY and would literally walk across the Rainbow Bridge.

However because of my UK passport, regardless of the fact I ve lived in Canada since I was 12.

I m only allowed 90 days in the US as opposed to the 180 Canadian Citizens are allowed.

I have never stayed in the US for more than 10 days at a time (most of the time honestly it was 4-5 including the days I entered & departed, 10 days was just when we went on vacation) & then I would leave for AT LEAST a week as my fianc and I took turns visiting one another every other week.

I ve never overstayed on any I-94 s but have been granted more than one within any rolling year.
Again, CBP never raised any issues with this, it was just a ok pay the $13 here s a new one .

In fact I was instructed to apply for ESTA so that I didn t need to spend so much time filling out the form for the I-94 every time I needed a new one.

I m now worried I ll be denied at my K1 Visa interview for overstaying as technically within a rolling year I did spend more than 90 day s in the US (although not consecutively).

Are they just looking at overstays for consecutive days on one visa/I-94 or days total within a rolling year?

We are about to submit our I130 and I485 concurrently with the i765 and i131 as well.

Can anybody give us some advice on if we should be doing anything during the waiting to make things go smoother further down the road?

-When should we contact her home country of name change? Does it matter?

-Any relevant tax information?

-social security number?

-getting set up properly in the US?

Really just trying to stay ahead of the game!

Thanks

Hello,

I am completing Form I-130A and it is asking for the last 5 years employment information. I had a few questions as follows:

1. What address should I use, my employer is large and W-2's are issued from their NY office however I work in their Chicago office. I am on a TN as well to work in their Chicago address.

2. It is asking for the last 5 years employment history. My employment history is 4 years in the US with 2 employers and 1 year in Canada. I am confused if I need to list my Canadian employment twice. On the form, Employer 1 and Employer 2 will use the 4 years of my US employment. It then says if you need extra space complete Part 7. additional information. However, it also asks in Part 3 for my employment information when I lived outside of the US which would be my Canadian employment history. As such, I have listed the last 5 years employment history however not all of it is in Part 2. Do I need to put this Canadian employment history in Part 7 additional information for Part 2 and then leave Part 3 blank since I included it in Part 7 additional information?

My gut says to put my US employers (4 years of employment history) into Employer 1 and Employer 2 and then put my Canadian 1 year employment in Part 3.

Thank you.

My local Social Security office is now finally issuing SSN's again if you make an appointment to see them in advance. I called them to make an appointment for my K-1 wife to receive her SSN and they asked what her Visa status was at the present time. I explained that she crossed the border into the U.S. from Canada on March 18 (the same day that Social Security offices shut down) with her K-1 Visa and that we married in early May. I further added that we had then applied for her AOS and EAD/AP a week after our marriage and that we were awaiting approval. The very nice Social Security rep then asked me if the K-1 Visa had "expired". I didn't know what to say. She told me that since the K-1 Visa had "expired" my wife has no Visa status in the U.S. and won't until the EAD application is approved, and for that reason she cannot apply for a SSN at this time. The system would deny it if they tried. So my question is.. when exactly did my wife's K-1 Visa "expire"?

1) When she crossed the border into the U.S.?

2) When she married?

3) 90 days after crossing the border?

4) 6 months after her K-1 physical exam?

And is it true that she has no Visa status in the U.S. at present while awaiting her EAD/AP?

She badly needs that SSN to participate in society. Its been nearly 5 months since she crossed the border.

Thanks in advance to all who answer.