canadian overstay in usa

I am a canadian citizen and i am now in the usa, i have overstayed by a month on a regular visitor visa just entered the country with my passport to spend some time with my fiancee, he is a usa citizen. I have no worked or anything while here,i am preparing to leave for 5 months and then come back for 3 but i have read recently that there can be a ban placed on me for overstaying. i was wondering if anyone can help me out with this? or anyway around having this happen when i go through customs...

No way around it except to not have overstayed in the first place really.

When did you enter the US? What date? Sometimes they *may* take into consideration that it is a new year when you're returning, sometimes they don't. There are no guarantees, and nothing anyone here can say or do can predict what CBP will say when you attempt to re-enter.

Technically they can't ban Canadians for merely overstaying in B-2 visitor status. (Sometimes they still do, but they're not supposed to).

However they can repeatedly deny you entry which effectively amounts to the same thing, and if you say you're visiting your fiancée and oops I overstayed by a month then the CBP guy is going to think you intend on immigrating without getting a K or CR visa and they will deny you entry.

Bear in mind they have no way of knowing how long you stayed unless they forced an I-94 on you (or you tell them). They are in the process of implementing various schemes to keep track of when Canadian visitors leave but they're not in place yet unless you entered using a NEXUS card.

If it were me I'd just leave now and apply for a K-1 visa. Sounds like that's the plan anyway so you may as well get started on it.

i overstayed in the states for just over a year. When I tried to get back in they knew my entry date and my departure date. They banned me for 3 years.

When you marry a US Citizen, your immigration file is wiped clean. You can be illegal for 10 years, marry a US citizen and you're white as son again. So if you did over-stay, talk to an immigration lawyer and stay until the marriage- once you have the certificate you apply for your GC and you're fine.

Be careful!

If you marry a US citizen -- and stay in the country -- your past 'sins' will be forgiven, with proper steps taken.

But if you leave US, regardless of what your marital status or stage of immigration process, without a waiver of inadmisablity, you will be barred if you have overstayed.