Help, my love can't come home!

[vein]

Hello.

My girlfriend went up to visit her family in Canada for 2 weeks after staying for 7 and a half months in the US. She had no visa, only a standard passport. On her way back to the US this morning she was denied, because she didn't have enough assets keeping her in Canada. As I was reading in these forums, I noticed that a person can only stay outside of their current residency for 6 months or less a year. (Thanks Reba Good info!). Oddly when she returned to Canada she wasn't handed any documentation about overstaying her visit. We are not married or engaged at the moment.

So my question is, what is the simplest solution on getting her back into the US?.. Legally, not smuggling her though central Canadian borders..

[Dremani]

So your girlfriend was not handed any documentation when attempting to enter the U.S. again? Did customs at least explain why she was denied entry although we pretty much know why?

Well, it would be wise to first find out the real reason why she was denied entry. My guess as well as yours would more than likely be that she overstayed her time in the United States, left and tried to re-enter soon after. I believe she would have had to fill out form I-539 from within the U.S. in order for her to regain entry although CBP may be skeptical since she has already stayed 7 months.

In order to regain entry the number one priority would be for her to show non-immigrant intent by showing ties to Canada. Then she should try and figure out exactly why she was denied in the first place and what she would have to do (forms to fill out) in order for her to gain entry without scrutiny.

[agnelson]

Why would she have been handed any documentation? When leaving US, one does not deal with US officer.

Even if she had not overstayed, any entry on visitor status is subject to proving intent and disproving risk of overstay.

I-539 would have kept her in status past the six months, but once outside US, she would face exactly the same scrutiny she faced today: nothing is keeping her tied to canada.

[vein]

Thank you!

[Reba]

The only way to get ehr back legally now would be either you get married and sponsor her, or if she's eligible, she can try to get a TN visa or other employment related visa. The trick with work visas though is she has to find an employer who will sponsor her, and TNs are only again temporary.

As you've learned now, she can't just show up and stay indefinitely. This is something you both should have looked into before she left Canada the first time. Any time she tries to enter the US now she will be hauled into secondary inspection, she will be interrogated, and most likely she will be denied entry, unless she either has proper visa that will allow her to stay, or firm ties to home country that will prove she won't overstay illegally again.

If marriage is in your plans, see http://www.visajourney.com for information, Guides, and forums.

[vein]

Thanks Reba, we're getting married! Pretty happy about it, but I did have a further question. It's about the I-130 and it's example.
visajourney.com/examples/INS-Form-I-130.pdf
(Sorry couldn't post a direct link)

On number 22, it says: "Complete the information below if your relative is in the United States and will apply for adjustment of status." The example shows Jane Smith, residing outside of the United States, and yet he posted inside the box. Should I do the same?

[Reba]

Actually, he posted on the address line that says "If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad" and entered in the Syndey Australia consulate.

Your wife will apply for a visa at the US consulate in Montreal, so that is what you would enter there.

ALL the info is there for you at visa journey.

[Steven]

They've decided she is an intending immigrant and denied her entry, correctly from the sounds of it. So you sponsor her using I-130 for an immigrant visa after you're married. If you get the paperwork right straight off the bat then it takes 7-8 months at the moment.

It is legal to enter as B-2 to get married, but your spouse must still have all the same things a visitor must have, i.e. proof of funds, proof of an abode abroad. Obviously CBP are going to be suspicious of someone entering to get married to a US citizen who lives in the US. Because she's already been denied if you are truly intent on getting married in the US this might be a situation where you want her to get a K-1 fiancée visa instead, which is generally not recommended because it is technically a non-immigrant visa and requires AOS after entry (which makes it more expensive and time consuming).

If I was in your situation, I'd get married in Canada and then sponsor her on I-130. And have the ceremony later in the US if that's what you want to do.