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petrified and looking for advice

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Old Mar 5th 2003, 3:13 pm
  #1  
Nikki
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Default petrified and looking for advice

I'm so scared and stressed and I'm looking for some advice. I'm a
Canadian citizen, my boyfriend is an American citizen. I've been
living with him for the past 2 and a half years, going back to Canada
for short trips about twice every year. I have no visa to live in the
US, I just enter on a tourist visa.
Now we are planning on getting married and I don't know how this will
affect us. For certain reasons, I cannot go back to Canada to wait
around for a fiance visa to be approved. The last time I entered the
US was in early June of last year.
Are we totally screwed?
My thanks in advance for any advice...
-nik
 
Old Mar 5th 2003, 3:55 pm
  #2  
Tallon
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Default Re: petrified and looking for advice

Nik, are u still in the USA?
Go see a good lawyer, depending on the reasons why you can't return to Canada
will be important..good luck.. I wish I could help.
 
Old Mar 5th 2003, 10:14 pm
  #3  
David Brown
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Default Re: petrified and looking for advice

As long as it's not the Mounties you will be OK.
 
Old Mar 6th 2003, 1:00 am
  #4  
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Location: Tennessee
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Default

As long as the reasons you cant go back to Canada are not because of a criminal record/history/current trouble then you are in the a good situation as long as the last time you crossed the border in June you didn't plan on staying for good and getting married.

Now that you are in the US and have decided to get married, you are fine.... thats actually much easier and you wont be separated from your loved one while you wait (like most of us have been).

The only drawback is you wont be able to leave the US after you get married until you file for Adjustment of Status (AOS) & Advanced Parole (aka AP - permission to leave the country temporarily)

Best of luck!

Susie

Last edited by Susie; Mar 6th 2003 at 1:04 am.
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Old Mar 6th 2003, 6:11 am
  #5  
Nikki
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Default Re: petrified and looking for advice

No, I have no criminal records, my reasons are more about the fact
that I've been in the US so long and have built a life here...

So should I not worry about the fact that I have been here so long
then? Are they going to grill me about it when it comes time for me
to file for AOS?

Oh, so stressful, and I just want to be with the man I love...

-nik

Susie wrote in message news:...
    > As long as the reasons you cant go back to Canada are not because of a
    > criminal record/history/current trouble then you are in the a good
    > situation as long as the last time you crossed the border in June you
    > didn't plan on staying for good and getting married.
    >
    > Now that you are in the US and have decided to get married, you are
    > fine.... thats actually much easier and you wont be separated from your
    > loved one while you wait (like most of us have been).
    >
    > The only drawback is you wont be able to leave the US after you get
    > married until you file for Adjustment of Status (AOS) & Advanced Parole
    > (aka AP - permission to leave the country temporarily)
    >
    > Best of luck!
    >
    > Susie
 
Old Mar 6th 2003, 7:45 am
  #6  
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I did a search on "180 days" and from the few posts I read quickly I get the impression that as long as you get married and apply for Adjustment of Status (AOS) before you overstay 180 days (which would be 1 yr from the day you last entered, since you were allowed 6 months legally, then the overstay limit is another 6 months) then you may still be eligible.

Rete seems to know lots on the subject... maybe she can give you some more insight? or just do a search of the message boards for overstay or 180 days etc

Susie
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Old Mar 6th 2003, 8:33 am
  #7  
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Originally posted by Susie
I did a search on "180 days" and from the few posts I read quickly I get the impression that as long as you get married and apply for Adjustment of Status (AOS) before you overstay 180 days (which would be 1 yr from the day you last entered, since you were allowed 6 months legally, then the overstay limit is another 6 months) then you may still be eligible.

Rete seems to know lots on the subject... maybe she can give you some more insight? or just do a search of the message boards for overstay or 180 days etc

Susie
Hi:

As a general rule, the 180 day thing is not applicable to Canadians who enter without visas. The bad things start happening when you stay 180 days beyond the expiration time set by the Government. Canadians who don't get I-94's are not given a specific time line. The same analysis applies to F-1's addmitted "DS" from any country.
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