Overstayed American scared to go back to the states.

[Skywalker16]

The wife and I have decided that we have run out of options and that submitting our Spousal application while I am Overstayed is too much of a risk to take without the financial help an Open Work Permit would allow us. We have decided to go to the bordertown of Massena NY since her family is from the Akwesasne Mohawks on the Canadian side so we'd be close. Now I got a job offer in Massena which is requiring me to go to an interview but my wife still has her two weeks to go on her job so I'd have to come back and finish the move with her. My wife is Native American so she has dual citizenship which would make her transition to the states easier than mine.

Our issue here is that even with my job offer I don't know if they'd let me back into Canada after my overstay. Also, I don't know if the US border has gotten stricter and they'll ask me all sorts of questions like when did I come to Canada and all that jazz. If so, the last time I came in was November 2015 through a Toronto airport. I cross the border all the time with my family in law from the Akwesasne reservation but in those cases I haven't been through the US border, only came back through the Canadian side (They just ask the driver where they are coming from and my mother in law answers from the Res and they let us through.)

We were also exploring housing issues. My job might require me to start immediately in which case I would have no apartment yet in Massena since it would be such short notice. Wife's mom offered for us to stay with her until we found an apartment which would take us a little less than a month, but that would mean living in the reservation which has a Canadian address, and me having to cross the border everyday for work. Now I don't know if I can do that, or if I can cross that often, but I WOULD have my proof of employment in the US and for what it's worth I'd probably have all the applications for housing we're doing to move to Massena.

Any help would be appreciated. I just haven't gone back to the states in about a year and am nervous about it. it is IMPERATIVE that I can return to Canada to finish the move or I will simply NOT accept this job interview before running the chance of being separated from my wife.

 

[canuck_in_uk]

I don't know why you think applying for sponsorship while out of status is a risk. It isn't. Get your app together and get it submitted. With proof of a PR app, the job in the US and sufficient finances, you should be fine re-entering Canada, especially if your wife is with you.

 

[Skywalker16]

It's not just that. We're financially burdened now to the point that we need to BOTH have income not just my wife. I can't do that if I'm out status even if my application is submitted Outland from what I've read here.

I basically now don't even have the money for the application. Which is why I want to know about re-rentering the US and what I can expect when I do.

 

[scylla]

You'll have no issues re-entering the US since you're American. They may question you - but you'll definitely be allowed back in.

Whether you'll be allowed back into Canada is unfortunately something none of us can tell you. That will be up to the CBSA officer you encounter at the border. Unfortunately there's also nothing you can do to guarantee re-entry. If you leave, there's a chance you won't be allowed back in.

 

[Ponga]

You shouldn't be worried at all about returning to the U.S., (your first concern) because as a citizen it is your right to do so...overstay or not.

Even if the CBP officer asks questions (which is pretty doubtful), s/he cannot refuse you entry.

 

[Skywalker16]

Thanks for the help I think we just found an apartment that we can afford to move into right away in the states-side so we'll probably be taking that option that once I'm out, I'm out and I won't try and come back and forth until I have various proors of ties to the states along with possibly (HOPEFULLY) my application in process. Cheers, eh!

 

[michicanuck]

The wife and I have decided that we have run out of options and that submitting our Spousal application while I am Overstayed is too much of a risk to take without the financial help an Open Work Permit would allow us. We have decided to go to the bordertown of Massena NY since her family is from the Akwesasne Mohawks on the Canadian side so we'd be close. Now I got a job offer in Massena which is requiring me to go to an interview but my wife still has her two weeks to go on her job so I'd have to come back and finish the move with her. My wife is Native American so she has dual citizenship which would make her transition to the states easier than mine.

Our issue here is that even with my job offer I don't know if they'd let me back into Canada after my overstay. Also, I don't know if the US border has gotten stricter and they'll ask me all sorts of questions like when did I come to Canada and all that jazz. If so, the last time I came in was November 2015 through a Toronto airport. I cross the border all the time with my family in law from the Akwesasne reservation but in those cases I haven't been through the US border, only came back through the Canadian side (They just ask the driver where they are coming from and my mother in law answers from the Res and they let us through.)

We were also exploring housing issues. My job might require me to start immediately in which case I would have no apartment yet in Massena since it would be such short notice. Wife's mom offered for us to stay with her until we found an apartment which would take us a little less than a month, but that would mean living in the reservation which has a Canadian address, and me having to cross the border everyday for work. Now I don't know if I can do that, or if I can cross that often, but I WOULD have my proof of employment in the US and for what it's worth I'd probably have all the applications for housing we're doing to move to Massena.

Any help would be appreciated. I just haven't gone back to the states in about a year and am nervous about it. it is IMPERATIVE that I can return to Canada to finish the move or I will simply NOT accept this job interview before running the chance of being separated from my wife.

Does Canada even know that you've overstayed? If not, I don't see what you're so afraid of. I mean, I'd get back to the U.S. as soon as you can, but if they don't know about it yet you're still ok.