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Subject: Re: Newbie confused-needs advice; marriage visa Canadian Posted on: Tue, 27 Dec 2005 00:40:25 +0000


> I thought that overstay would make him subject to a 3 yr bar? Because
> visitor status would allow him 180 days, and if we can't prove the exit/re-
> entry than on paper he would have been here Oct 23, 04 to Sept 1, 05.
> Am I not understanding it right? Would he have been considered
> unlawfully present starting on Apr 23, 04 and on?
>
>
> I paid about $300 to get a consultation from Ms. Susser of Susser &
> Siskind and she said file the K3 and don't worry, that we have, how
> she kinda said, *different rules* for Canadians because of no I-94,
> that they aren't subject to the 3/10 unless they violate status and
> that they aren't subj to unlawful presence. (I haven't been able to
> find this in any uscis documentation but I have found mention of it
> all over the internet)
>
> Attorney #2 said that him being here past 6 mos made him an overstay,
> and that we'd have to mark that on our apps and they'd deny him at
> consulate during visa interview. I haven't been able to confirm this
> in any research I've done.
>
>
> Yes, I agree, I was just wondering since I'm confused about the bar
> or whether he would be considered inadmissible if he has no proof
> he left -

I would personally believe ...Susser & Siskind

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