Canadian Citizen married to us citizen and staying in the us

I know many of you have probably researched this and replied but I hope you will still help and reply to my post. I would really appreciate it.

Here is my situation. I got engaged back in May when I visited my then boyfriend in the US. I am a canadian citizen and he is a us citizen.
We got engaged and I went back to canada. I then moved a lot of my stuff down but never told immigration or anyone at the border that i was moving. I came down to the states and stayed under 6 months which i know is the maximum you can stay without me being illegally here. We started planning our wedding for august of 2009.

The thing is, we just went back to canada together for the holidays and when i tried to get back across the border to the us i had major issues and they almost didnt let me through. they told me i can stay in the US one day and to come back. the thing is, i have been told by many people that if i go back to canada, they more likely wouldnt let me back in the us so i decided to stay longer than the day and go back "home" where i basically shipped all my stuff and have been living.

We don't know what to do. Me going back to canada and waiting for the paperwork to go through before me moving here is not an option.
There has to be something that I can do!?!

We are about to go and get married before our official wedding in august so we have a marriage certificate and hopefully that way can do something. I am not working in the US but want to apply for a social security number. I have a job where i work from home so i can live anywhere in the wold and do it.

I am just really scared and dont want to get deported. i know that there has to be a way to do this. If i go back to canada, they won't let me back in. I changed my whole life around to come here. I gave up my job, my apartment, sold most of my stuff and bought new stuff when i came here. I can't just go back.

I know this might be a bit confusing. Basically, do I go and marry him and file some paperwork to become legal? I do not want to go back to Canada and wait 15-18 months or whatever the amount of time is.

Our official wedding in august is all booked and people have bought flights to come to it. I can't just cancel my wedding.

I understand a lot of people sneak across the dang border and marry just to get citizenship but I am not one of those people. I just want to marry my fiance, why is it so hard?
I've been doing so much research before even coming here and it's impossible so I just took the risk and moved here having faith that everything will work out and find a way to make it work so i can be legal. I can't be the first person ever with this situation!? I'm sure somoene else has gone through it and found a way to make it work without having to move back to canada.

Anyone that can help, i would really appreciate it.

DO NOT GO BACK TO CANADA! I am a Canadian citizen living in Las Vegas. I am married to a US citizen and I am waiting for my final interview for my green card so believe me, I know the hassles.
If you go back to Canada you run the risk of not being allowed back into the US for quite a bit of time. At this point you should get married and apply for adjustment of status based on marriage to a US citizen. You can submit the paperwork as soon as you are married.
If you can afford a lawyer I would recommend that you get one. They are great for completing the many forms in the correct manner and they will also let you know of any issues you may encounter.
I know there are many people who will tell you to return to Canada and complete the process in the lengthy correct way and in most cases I would agree with them. However, remember that you would be facing significant time away from your partner.
Do you qualify for a fiance visa? If you haven't spent any time in the US illegally you could return to Canada to apply but again it would take 6 to 12 months to receive.
I became engaged to a US citizen in June of 2007. When I returned to the US after the cruise we were on I did not return to Canada. We married in May 2008 and submitted our paperwork in July 2008. In October I received my employment authorization card and we are now waiting for our final interview. I also applied for and received advance parol which would allow me to leave the US while my adjustment of status is pending and technically give me permission to re-enter. However, because of the amount of time I was here before applying for the adjustment of status my lawyer recommends not leaving because you can never know what will happen at the border when you come back (they still have the final decision even with the advance parol).
Once you receive your employment authorization card you will be able to apply for a social security card.
You may run into a few issues in regards to your intent when you entered the US but according to my lawyer, very rarely will that cause the denial of your application. Illegal time and even illegal employment are not barriers to adjustment of status when you are the spouse of a US citizen.
Please let me know if you would like more information or more detailed information. Perhaps we can exchange emails? There is much more to my story, this is just an overview!
Remember, all of this hinges on the fact that you entered the country legally. From your wording it looks like you were inspected a port of entry so you should have no problem there. They probably did not stamp your passport when you entered so be sure to keep proof of your date of entry (plane tickets, bording passes, etc). You will need this information in your application.

Thanks so much, that is very helpful.
One thing, they did stamp my passport. They gave me this pass that said that I'm coming back. This is where I'm a bit scared. They told me that I have a day and have to come back. I walked across the border while my fiance drove so that way it didnt look suspicious and they wouldnt let me through. I hope that won't affect things.
So you think I should just go get married them apply for the change of status? Do you recall the fees by any chance?
Thanks so much!

We don't know what to do. Me going back to canada and waiting for the paperwork to go through before me moving here is not an option.

Why is it not an option? Really you should leave and he applies to bring you in on an I-130 after you get married. The statement in the above post that you shouldn't leave is wrong, if USCIS said you should only stay one day they have undoubtedly put that down in their system and you should leave ASAP.

As a B-2 visitor you can do AOS to permanent resident on I-485 if you get married - but this assumes you had non-immigrant intent when you entered. Canadians often do just apply on I-485 after entering as a visitor, but in your case where you've been specifically told to leave, you may well have problems when you get to the interview because in the USCIS entry record it will say you were told to leave after a day - obviously you didn't if you applied for AOS after entering.

Technically USCIS can refuse AOS to anyone who entered as B-2, because you lied about having non-immigrant intent, although they seem to be a bit more laid back about it when it comes to Canadians. But from the sounds of it if they specifically warned you to leave, you'll be one of the exceptions.

It may sound like a hassle to go back to Canada for a year but it's better than being refused AOS. Then you're really in trouble unless he wants to move to Canada.

As I mentioned, me going back is not an option. I have a wedding that has been paid for in august and around 100 people that are coming, some from overseas who have all bought their flights. I can't just do that.

With me crossing over, they told me to be there a day to go sightsee and shop and stuff. I read about that and so many people posted saying they received that same piece of paper that said they have the day in the US and they never handed it in when they crossed back. One person said she still has hers from 5 years ago and never got in trouble for it and they never noticed. they normally don't stamp your passport when you walk across or drive across, they do sometimes. They didnt even know when i was in the us the last time, i told them. they couldnt find it because again, they dont stamp my passport. As far as I know, I can still be here 6 months before it becomes illegal.

There has to be something I can do. I am doing so much research and so many people say different things. I know there has to be a way to do it. Like i said, i just want to marry my fiance who i love and it's not just to move to the country like so many people do. I just want things to be legal so I can leave the US and visit my family in Canada and not have to worry if they will let me back in.

I know there has to be something that can be done without me going back. It can't be hopeless.

I believe the fees for filing were about $1500. This includes the adjustment of status, petition for alien relative, advance parole, and employment authorization status which can all be filed at the same time. It also includes the biometrics fee for your finger printing. Shortly after they receive your application you will receive an appointment letter for your fingerprinting and picture.

You will also need to submit a medical exam by an approved doctor with your application. You can submit it without the medical exam but it will only delay the application because they will send you a request for information requesting the medical exam (in a sealed envelope) and until they receive it your application will be put on hold. You can find a list of approve doctors on the USCIS website. Insurance normally does not cover this fee and the doctor I saw charged $150.00 for the exam. You will also need to have blood taken but if you have insurance that would be covered.

Believe me, I know that the process I followed was not the most correct and most people on here would say just that. I entered originally with a J-1 visa back in 2002 and worked off and on for years with different visa's etc. and travelling back and forth to Canada. When I entered after the cruise my visa had expired. At the port of entry I wasn't even asked my name. The officer said, "welcome back to dry land, have a nice day" That was IT. I assume he was assuming that I simply a tourist and leaving shortly. Was a planning on staying? Well, yes and no. I have been trying to convince my husband to move to Canada forever and if he agreed we would probably go but as of now, no. I was still planning on leaving the US even after getting engaged and before getting married because my entire family is in Canada. But who wants to leave their fiance for who knows how long??

That being said, my visa did expire and after my six month stay after the cruise I was here illegally for just over six months before we submitted our application. I also continued to work in the job I had before the visa expired.

According to my lawyer, my overstay and even my employment would not bar me from adjusting status because I am the spouse of a US citizen. I was completely honest on my application for adjustment of status, even about the employment. They will find out anyway. This has not complicated my application at all and I was even able to receive my employment authorization document. I started a new job and my current status in the US is 100% legal. Once you submit the paperwork your status changes to Pending Adjustment of Status and your status in the US is legal. Once you receive your employment authorization (about 3 months from application) you can work while you wait for your final interview. The receipt date for our application is July 31st and as of the beginning of December the local office here was processing application received in May so we have a bit more time to wait but the overall process has been fairly easy to navigate (even if it is expensive!).

In addition, he said that as Iong as I'm honest about my intentions I should be ok. Of course, I say should. I guess there is always a chance things won't work out but so far so good and the last hurdle we have to jump is the interview (which is more about determining that you have a real marriage).

I know this isn't the correct process but this is how it happened. Most people will tell you to leave immediately and follow the correct procedures. Even I sometimes think that is what I should have done. In the very least, it would save me the constant worrying. However, what is done is done. It sounds like you are in much the same situation.

Thanks so much for writing all that. I realize my situation isnt the typical one but based on all the research I have done, it is the way I am going about it. I know it's not easy and there are risks but I want to become legal and just be happily married to my now fiance.
I know that many people sneak across the border or just come here to marry somoene they dont want to be with just so they can stay in the country and that is not my case. I want to live here legally and just be with my husband. It shouldnt be this complicated. I want them to just come over and see how we are together and that it is legitimate. They shouldnt make it this complicated if we have tons of proof that we are actually together and serious about each other.
It might not be the easiest and best way to go about this but I refuse to be separated from the person i love for a year or longer until some paperwork can go through. There are other ways to do it and I will do everything I can to work it out and make it work legally.
It's not like i'm doing something wrong or am a criminal, I have no criminal record and just want to be here with the person i love and spend my life with him.

Again, thank you so much for your reply. I totally relate to it and appreciate you taking the time to write it all out.

Copied from the other thread where you asked the same question:
You should have done your research before you started moving all your stuff across the border. Basically, you've entered the country illegally, with intent to stay.

You *could* get married NOW and apply for adjustment of status, HOWEVER, you do risk being denied because at your last entry you basically lied to the border officials, and there is likely record of that. Applying for adjustment of status from a tourist status (btw, it is illegal for you to work from home in the US for a Canadian or other employer if you do not have US work authorization) if you severed ties to your home country before your last entry could result in deportation and being banned for life. If that is something you want to risk, go ahead, get married and then apply.

If it is NOT something you want to risk, leave the US and go back to Canada and start the process properly. You can either get married now in the US and return to Canada and do the CR1 spouse visa, or you can return to Canada unmarried and do the K1 fiancee visa.

For more detailed immigration information go to the website Visa Journey. ALL the information you need is there in the forums and in the Guides etc etc etc...

Thank you.
Obviously I do not want to risk being sent back and I am just trying to figure out ways to go about this legally.
Thank you for all your replies. I am going to call an immigration lawyer tomorrow and find out more information.
I know it might seem like I haven't done my research but it is all I have been doing. Based on reading about other people's situations which were very similar to mine and everything worked out fine, that is why I am going about this the way I am.
I was honest with the border officials about how long I was there before and everything else. He asked me many questions.
I refuse to just give up and move back. I am going to call a lawyer tomorrow and figure out what I can do. There has to be something, my situation can't be the only one like this and be hopeless. There just has to be a way.
Thanks again everyone for replying.

You definitely will need to consult with an immigration attorney on this. Be totally upfront and honest when you speak with the attorney, he/she will be best able to guide you through this, moreso than we on a forum can. When the CBP issues you a specific directive, it needs to be followed in order to remain in good standing. CBP will have noted what actions they took and what directive they gave you when they stamped your passport. They let you in on an honour system, once that trust is violated you can find yourself in alot of trouble, both in sorting this out and in future crossings.

Perhaps your friend who let it ride five years ago made out ok and was very lucky, but in reality, this is a far different time. Nowadays there is far more immigration enforcement, cooperation between ICE and local law enforcement (resulting in immigration holds), and E-Verify, not to mention the general backlash in the American public when it comes to 'illegal prescence'.

In hindsight, it would've been far simpler to apply for a fiancee visa upon your engagement being as the wedding was still over a year away, and there would've been plenty of time for processing. All this headache and heartache would be a moot point. Good luck with your case, I hope it works out for you.