help

[bunnie28]

i don't know where to start but i am currently in a situation where my bf is in canada and i am here in the states and i am a us citizen. i met him while he was in cali on a student visa we decided that we wanted to move in with each other so he moved to tx to be with me. just last year in aug he ended up go back to cali and then back to canada in sept because he was told by his crazy brother in law he was going to be deported back because the visa had expired. but if he was going to be deported wouldn't they have done so when he flew from tx to cali or when he left cali to canada? he literally was in cali from end of aug to end of sept and it was so urgent that he leave per his stupid brother in law, but yet while he was in cali with his sister and brother in law it didn't seem to be urgent that he leave. and i am going to canada next month to marry him becuase we want to be with each other but want to move back here to the states. will he have a problem when i file the I-130 since he was here after the fact the visa expired? and i want to to also file I-485 and I-765 all at once. how does this all work? i am new to all of this i am lost confused and stressed out. when i called the uscis i was told he could come on the visa waiver program and then i could submit all the forms together since he needs to be here in order to submit I-485 & I-765. what do i need to do in order for him to come on the visa waiver? can someone pls respond thanks.

[C4us]

It depends on the length of his overstay whether he wuill have a 3 or 10 year ban to return.

What is the exact time?

[bunnie28]

well according to his brother in law and him i am finding out so many things i was never aware of. he is actually the first person i ever dated not even from here so this is all new to me. but never the less his brother in law stated it was considered expired if he didn't attend college and he wasn't enrolled in college while in tx. and we lived with each other for 3 yrs before he went back to canada.

[PraetorianXI]

well, thanks to your brother in law, your fiancee now got himself a 10 year bar from returning to the USA.

[C4us]

Yup! 10 years

There are no apparent grounds for a waiver. If you plan to marry him, you need to check out the requirements for Canadian immigration. There is no possible way for him to return to the US as your husband until he has waited out his period of exclusion.

There is no other way for him to legally live in the US. He will not qualify for any kind of visa with the length of overstay he had. Entering to live illegally with his overstay will compound the problem so don't even consider that.

I hope he has Canadian citizenship and not just permanent residency there.

[peace]

bunnie

If he had not left US, marriage to you would have corrected everything.

What is his nationality and what is his visa status in canada?

[bunnie28]

he is canadian i couldn't marry him even when we wanted to here in the states because of the fact that i was in the process of my divorce and me ex would not sign the papers and the prick literally signed the papers a week before i moved from tx to rhode island with my sister. so i did speak to an attorney my sister knows who does assist with helping with citizenship. now she told me for sure they weren't gonna grant him the fiancee visa if went that route, and it was better off going marrying him coming back and doing everything i was going to do before i spoke to her. why would she tell me that? if i pretty much got the same response from all of you who replied which i am thankful so thanks. i mean so if i were to still give it a try and i know all of you have warned me but i am just saying if i still went through with that if it were to get rejected what would happen? nothing or do they just tell him you can't come in until the 10yrs?

[PraetorianXI]

You can attempt to file a I-601 waiver, but those are not granted easily... you may consider moving to Canada for 10 years