Canadian marred to an American...need advice

Hello,
I am a Canadian citizen. I met my now husband while I was working in the states on a Q1 visa with Walt Disney World. After my program was over I returned to Canada and then a few months later returned to the states to visit him and we decided to get married. I entered in September 08 just as a visitor without any type of visa and we got married in October. Over the past 6 months we have been gathering everything we need in order to file for my residency and ability to work. Mainly its taken us this long to save up the money for the filing fees. However, lately ive been seeing in blogs lots of things about being in the country longer then 6 months without a visa becomes illegal...which I was not aware of...so my question is now that it has been just over 6 months since we were married, if I go through with filing everything now, will I be denied since I have been here longer then 6 months? If so what is my best plan of action? and if I leave the states am I not going to be allowed back in?

Any information that could be helpful would be much appreciated!
Thanks
Lindsay

This is a potentially complicated situation. Since you and your husband got married a month after arriving in the US (and you had a pre-existing relationship), USCIS would likely view that as intent to immigrate, that you came to the US specifically to marry a US citizen and immigrate here, which is a big no-no while on a B-2. You cannot have immigrant intent when entering as a B-2 (tourist).

Others who are more experienced with these matters might have better advice, but I think your only option (legally) is to leave the US and have your husband apply for a spousal immigrant visa for you.

Hello! I am also a Canadian who is married to an American. It has been a LONG process but tomorrow I have my interview for my Adjustment of Status.

I last entered the US in June 2007 after a week long cruise on which I got engaged. Once we returned to the US I did not return to Canada. We got married in May 2008 and filed all of our paperwork in July 2008. I have not left the US since I last entered and this played a huge part in the application process. My lawyer told us that since I had entered the country legally (with my passport and inspected by an immigration officer) I could adjust status. If you think you are now out of status you should not leave the country because you could face a ban on re-entry. Overstay of a visa and even illegal employment will not bar you from adjusting your status because you are married to a US citizen.

Also, do not leave the country until the adjustment of status process is complete. Even if you obtain advance parol do not use it if you even think you could face a ban on re-entry. Even with this approval to travel you could get a border agent who may deny you entry, and they can absolutely do this.

Your only trouble may be in proving that you did not enter with the intent to marry. Did you plan on marrying when you last entered or did you enter to just visit and then suddenly decide to get married? At the time I entered I planned on returning to Canada. I still would if my husband would come with me! The burden of proof will rest on you to prove you didn't enter with the intent to marry.

I know that the process I followed was not the best and it has caused many sleepless nights, especially lately with the interview tomorrow! It seems like you are in the boat. Hope this info helps. If you have any questions at all let me, I have been dealing with USCIS for quite some time now!

Yeah, what she said!

Stay and adjust status, DO NOT LEAVE the country until you have your green card in hand!

See http://www.visajourney.com for information on marriag based immigration to the US. ALL the information you will need is there.

so my question is now that it has been just over 6 months since we were married, if I go through with filing everything now, will I be denied since I have been here longer then 6 months?

Maybe, it depends on how far over and what mood the USCIS person is in who reviews your app, hard to say really. If they're a jobsworth and you're significantly over six months, you could have a problem. If you're a few days over they probably won't care.

If so what is my best plan of action? and if I leave the states am I not going to be allowed back in?

They don't keep records of departures (yet, unless you used a NEXUS card to enter - but they plan to), so they don't really know when you left until you re-enter.

If you leave your spouse can sponsor you for a K-3 visa or sponsor you on an I-130.

If she leaves she won't be getting back in until the visa process is completed.

Again, go have a look at Visa Journey website for detailed information. They've got it all over there already.

Hello! I responded yesterday and just wanted to give you an update. I had my AOS interview this morning and was approved! The interview lasted all of 10 minutes and they asked me nothing about when I last entered the country or how long I had stayed. He was more interested in talking with my husband about sports! Oh, and he even took a phone call on his cell from his daughter in Germany! Very informal and dare I say, pleasant. I have a letter saying I was approved and I should receive the actual card in a couple of weeks.
Now that you are here, you absolute best bet is the file for AOS and don't leave until it is approved. The entire process for us took just over 7 months. Also, when you complete your forms be completely honest. Overstay will be forgiven but lying on your forms is a whole different story. Let me know if you have any questions!

Congratulations!