In the USA too long...

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aebNew Member
Topic author
Posts: 2
Joined: 1 Dec 2009

In the USA too long...

Post Tue Dec 01, 2009 10:48 am

Hi,

I am a Canadian citizen and have been living in the USA for the last eight months off and on as a traveler (ie. I have been back to Canada twice and to Mexico once in that period). I am down here to be with my American boyfriend, and have not been proactive enough in the legalities of my visit.

I have been purchasing travelers insurance, but now realize that it is void since I have been out of my home province for over six months. This is really upsetting and stressful, so I am planning on going back to Canada for a period of time- probably at least six months to cover my bases. We are wanting to get married if that is what needs to happen, and I was kind of confused about where I am to apply for my K1 Visa from- do I have to be in Canada or the US? And does it matter where we get married? And, should I apply as soon as I get to Canada if I apply from there? Or, should I start the application after six months?

I really do not want to leave my boyfriend and the life that we have been building together, so if anyone has any legitimate suggestions I would really appreciate them.

Thanks a million!
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agnelsonCanuckAbroad VIP
Posts: 2868
Topics: 1
Joined: 26 Aug 2009

Re: In the USA too long...

Post Tue Dec 01, 2009 11:40 am

Visajourney.com has all that you need for marriage-based immigration.

You could of course just get married in US tomorrow and then get on his insurance, and stay put in US until all the immigration paperwork is dry: 3-4 months.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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aebNew Member
Topic author
Posts: 2
Joined: 1 Dec 2009

Re: In the USA too long...

Post Tue Dec 01, 2009 12:06 pm

Thank you for your response! So, I could actually stay and do that if we got married immediately? I really don't want to do something that will screw up my chances for re-entry in the future.
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agnelsonCanuckAbroad VIP
Posts: 2868
Topics: 1
Joined: 26 Aug 2009

Re: In the USA too long...

Post Tue Dec 01, 2009 12:24 pm

Look over visajourney.com, your questions will be answered.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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firegalNew Member
Posts: 2
Joined: 16 Jan 2010

Re: In the USA too long...

Post Sat Jan 16, 2010 11:51 am

I am going through some what of the same situation as you. I took some time off in the summer to spend with my US boyfriend, the longest length of stay for me without traveling home was 2 1/2 months. Apparently, to them I had stayed too long. I looked into everything to be sure I wasn't doing anything illegal when it came to overstaying, and was told it was 6 months. I was told by border officials that they can decide how long is too long...there is no set amount of time that is allowed..they can determine what ever they want. I was refused entry at the border as they were adamant that I was living there. I have been home for almost 3 months now getting everything in order that they have asked of me. We are eventually going to get married also, just going to take a bit longer now with the restrictions put on me. I truly hope everything works out for you and you don't run into any problems as I have. Best of luck :)
Keep me posted on how it goes if you can!!
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