QUESTION

how long can I stay in the usa if I plan to marry my American fincee? I am a cdn citizen..

Asked on May 05th, 2014 on Immigration - Vermont
More details to this question:
I own property in Vermont with my fiancée and we plan to marry as soon as my divorce is final in Canada. If I stay in the USA longer than 183 days, do I face any kind of penalty such as deportation or banishment for a number of years before I can return to the states, or is applying for my green card sufficient?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
As a Canadian citizen, you are treated as a visitor when you cross the border and allowed to stay a half year as long as U. S. CBP believes that you are a bona fide visitor. The 3 and 10 year bars in the U. S. only occur if you remain in the U. S. illegally for 180 days or more or one year respectively. The 180 days would only begin to be counted when the half year expires. So it would be only if you stay the half the year and then stay another 180 days illegally that you would be barred for 3 years from coming back to the U. S. The fact that you would be marrying a U. S. citizen would not automatically waive the bar. The bar can be waived upon application if you are able to show that your inability to immigrate would cause extreme hardship to your U. S. citizen wife. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 17th, 2014 at 4:47 PM

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