Canadians in the U.S.?

Question

In 2004 my then fiance' came to the United States, in 2005 we got married..we have yet to file any papers for him to obtain a work visa/green card only because we cannot raise the money to do so, it is only me working since he cannot in this country..my question is this: if he was to return to Canada to go to work and obtain his work visa and or green card, would he be allowed to return to the United States...[with him being in this country for such a long time, would the powers that be allow him to return with proper papers]?

We are now married and have been since 8/5/05...so he is no longer my fiance' but my husband...and does that change anything?

Both of you gave me excellant answers/advice..hard to chose which one is best..so I won't choose...

Answer 1

I would be very cautious about your fiance being in the US so long without the proper visa. That being said, if your fiance returns to Canada to make the proper application for a visa, he should excercise his good judgement about mentioning having had this extended stay in the US living with you. My best advice to you would be to see an immigration lawyer. They usually will not charge you for a first consultation visit. Do not rely on advice from others too much, as the immigration laws change frequently. You can also get good advice on-line at US Immigration. Good luck.

Answer 2

If he returns to Canada and files for and is issued a valid visa to re-enter the US then he shouldn't have any problems at the border.

Where he will encounter difficulty is in actually obtaining a valid visa to enter the US since he was in the US illegally. Since he is married to you, he can file for a waiver for the overstay and in most cases overstays are forgiven for spouses of US Citizens, but it will be a long, expensive process.