Need a couple questions answered.

My fiance had traveled here to Tennessee from Alberta almost 2 years ago. So she has overstayed her welcome by almost a year and a half but she did enter the U.S. legally. Now we both are planning on returning to canada to stay with her parents for a while. Her family is going to be driving down to pick us up then we will all be driving back to her home in alberta. My question is what should be expect when we get to the border? Will I (U.S. Citizen) have more of a chance of being denied since I will be traveling with a bunch of Canadians one of which has overstayed in the U.S. for so long. I will have my passport if that matters. We are only concerned with getting to her home together right now. Any help is greatly appreciated!

Even though your fiancé entered legally, she overstayed a year or more and a 10-year bar will attach to her when she depart the U.S. and enters Canada.

You will likely be fine entering Canada. However, when she attempts to re-enter the U.S. at a future date, a 10-year bar will be applied and she will require a successful non-immigrant waiver to re-enter the U.S.

Sometimes people are guilty by association so it may depend upon the mood of the officers and how they perceive the situation between you. It is difficult to say whether you might be refused entry back into the U.S. They might deny you entry and they might not but your fiancé will definitely be refused entry due to the lengthy overstay and 10-year bar that will apply.

See thats the thing. Neither of us intend on re-entering the U.S.. We are just going to attempt to get my legal status in Canada and forget about to the U.S.. And I'm only concerned about any of us being denied entry into Canada. This is kinda like a last shot thing. This is my first time even leaving my State and family issues has pushed me to the point to move and start over somewhere else. So I have alot riding on just getting in. Obviously I'm overly worried lol.

If you have a passport, it should not be a problem entering Canada as a visitor although usually the proper fiance channels are normally followed. They might ask you questions at the border but just be honest with them.

See thats the thing. Neither of us intend on re-entering the U.S.. We are just going to attempt to get my legal status in Canada and forget about to the U.S.. And I'm only concerned about any of us being denied entry into Canada. This is kinda like a last shot thing. This is my first time even leaving my State and family issues has pushed me to the point to move and start over somewhere else. So I have alot riding on just getting in. Obviously I'm overly worried lol.

Hi there,
I can sense your issue is a little bit tricky. To be admitted to Canada with your passport only, you need to satisfy the Canadian Border Services Agency Officer that you will be in Canada for temporary purpose only. If you intend to stay in Canada indefinitely, chances are you will be denied entry.

It should help if you may articulate the "Dual Intent" argument clearly. Section 22(2) of the Canadian Immigration and Refugee Protection Act allows an individual to be admitted as a temporary resident (i.e. visitor) even if he or she intends to become a permanent resident later, provided some conditions are met.

You may want to seek personalized professional help. Niren and Associates may present your situation in an entry package and help increase your chance of success.
We may be contacted at 1-866-929-0991 or at info@visaplace.com.

Michael Niren