What can I do to stay in USA longer?

[M_Vallee]

Ok, I'm very confused on the whole visa thing and need some advice.

I entered the USA on May 26th 2009. I came to stay with my partner, we were married in Canada in February. We are currently in the process of filling out Canadian Immigration papers for him to move to Canada permanently and live with me. As far as I know, I cannot apply to live in the USA as we are a same-sex couple and the US government does not recognize our marriage for immigration purposes.

I have now been here for a little over 4 months, and the papers are not close to being filled. Its quite an extensive process and its taken a backseat to us enjoying our time together. I would like to stay for another 6 months but do not know if I am allowed to do so.

I don't want to stay here illegally incase I get banned from entering again. But if I return to Canada for a shot period of time, I'm worried I will not be allowed in again since last time I told them I would be here a week, and now have stayed 4 months.

What are my options? And if I stay here illegally, what am I looking at? Would I be banned? Would they even know when I left?

Any help would be greatly appreciated.

[Reba]

Make the paperwork the priority! And pronto! The fastest CIC is going to get it done once you send it in is about 6 months. You don't have anywhere near that long!

Unfortunately for same sex couples in the US, you don't have many options. I don't think they'd even extend your visitor status based on your Canadian marriage. You may likely have to return to Canada until your partner's CIC paperwork is completed.

For marriage based immigration info for Canada, go to http://roadtocanada.com The folks in the forums there can help you with the paperwork and what not.

[Steven]

I wouldn't worry about it if you've only been there four months, just leave.

[M_Vallee]

If I do stay here illegally, what will happen to me when I cross back into Canada?

And will I be banned from entering the US again? I've heard something about not being allowed to return for up to 10 years!

Anybody know?

[oceans.away]

I am an Australian that fell in love with an american. I overstayed my visa because we had a surprise pregnancy & didn't know what to do since I'd left and re-entered the US each 6mths too many times and was also afraid of not being allowed back in. After our baby was born and 1 year passed, I returned to Australia with my american daughter to visit my family for 6mths. I tried to re-enter the US to join my american love for christmas and our daughter's 2nd birthday. Upon entering (with a new passport) and with a return ticket to Australia and with only the intention to stay for one month in the US, I was held in a room for 8hours of questioning with immigration and my little girl in my arms. They did not want to allow us entry and were arranging to put us on the next available flight back to Australia, without seeing my love who had been desperately waiting for us outside with flowers! It was a very rare occasion that they did grant me entry into the US, i was 'luckily' not deported, i was PAROLLED, and not for one month - but only for one week and they HELD MY PASSPORT, they re-arranged my flight return and I could only retrieve my passport when I was at the airport and reported to immigration upon returning one week later. When I entered the US, we had an immigration lawyer manage to extend my stay for the original one month intended stay by miracle. And the day that i had to leave, when i collected my passport with my 2 year old daughter, I WAS ESCORTED to the plane with a uniformed officer which i appeared to everyone like i was some kind of criminal, i was refused a glass of wine onboard my flight back home because all staff and captain had been notified that i was DEPORTED - which i was not. My re-entry into the US now is still very difficult, even after being parolled. I've been living separately from my american love for almost 2 years now, and we have suffered terribly. next month we are getting married in Australia and starting my greencard application. Apparently it may still take a further one year to process my re-entry into the US, and it still bares a chance of being denied because i did overstay my visa and was once 'parolled' re-entry into the US. Apparently if you do overstay your visa, you are breaking a law. don't do it, trust me. go home and be patient until your partner has all papers filed. don't overstay, you just end up having to stay apart a whole lot longer in the end. that is our experience anyway.

-- Mon Nov 02, 2009 11:27 pm --

I should have mentioned also, that you may apply for a visa extension if you haven't already done so. but you will have to get onto it immediately. your visa may be extended for up to another year in the US if you are lucky. When we found out I was pregnant, we did this but unfortunately our immigration lawyer made a stupid mistake with sending an outdated form and my extension was denied, we then sent an affir davit and was allowed to reapply - and the immigration lawyer forgot to mention a couple of details and i was denied again and was told to leave the US, and that's when i stayed and overstayed my visa since i was pregnant. If you fill out the right form and fill out every question with your immigration lawyer, it is meant to be a simple and great way to extend your stay in the US. another benefit is, that while it takes about three months for them to process your extension and if your visa expires during this time - you are legally allowed to stay until they have processed your application for extension, and then even better if you have it granted! good luck.

[Reba]

Extension of visitor status for Canadians are rarely granted. Usually only if they are incapacitated in hospital and unable to travel home. Or if they are co-habiting with their Canadian partner who is in the US on a temporary status such as TN or student visa maybe.

[M_Vallee]

Ok so I've decided that I will not be extending my stay, because from everything I've read. I'd basically be wasting money as I would not be granted an extension anyway.

My plan right now is to leave to go home on November 20th (November 22nd is my 180th day here).

My question now is, should I have any problems travelling back here next year? I am planning on coming back towards the end of March 2010. My friend is getting married March 27th, so I have a valid excuse to be travelling.

WIll I be denied entry because I stayed so long this time?

[agnelson]

You don't need an excude to come to US. You simly need to show that you live in Canada, have sufficient ties there, and intend to go back.

You should have no problem if you meet the above criteria.

Do realize however, that you cannot be out of Canada for mor than a few days now for the next 6 months or you could lose your Healthcare. In fact depending on what you did in the 6 months before you went down to US, you mat already have...