# UK Citizen, overstayed my USA waiver visa and now want to join my husband in Canada



## JacqelineA (Sep 8, 2013)

Hi, I am hoping someone can help me? I overstayed my visitor waiver visa in the US for a year, I didn't intend to break the law, Its just my husband kept losing his job in California because of the recession and we couldn't afford to adjust my status over there. Things were so bad that we decided to go to the UK. We applied for my husband to get his permission to stay in the UK and were successful. We have lived in the UK for almost 3 years now. My husband and our son were not happy here though so we decided to go to Canada, (my husband is Canadian). He got a job fairly easily and is now over there. I have flights booked to visit him in 3 weeks. I have return tickets I was wondering if the US overstay is going to be an issue with Canadian immigration when we arrive? it only just occurred to me that it might. I don't know whether the CBSA will even see anything about my overstay or if it will matter as Canada is completely separate from the USA. 
I must highlight that I wasn't deported or told to leave, we were told that as long as we didn't leave the US we could apply when things picked up and we could afford to adjust my status. 
We are so worried now that I could be refused entry, I am missing my husband and he has just started his new job and of course we just want to be a family again as soon as possible.

Please could anyone advise me? We are good people and we would never want to be in that horrible situation again as we were in the USA,it was just the recession and we did the honourable thing by leaving for the UK, legally. I really want to join my husband now and begin our new life. I was going to visit my husband and then we could start the PR application when I returned to the Uk and then we would join him the next month. Is that the way forward? Any advice would be appreciated. Thanks!


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## Jrge (Mar 22, 2011)

Hi,


JacqelineA said:


> Hi, I am hoping someone can help me? I overstayed my visitor waiver visa in the US for a year, I didn't intend to break the law, Its just my husband kept losing his job in California because of the recession and we couldn't afford to adjust my status over there. Things were so bad that we decided to go to the UK. We applied for my husband to get his permission to stay in the UK and were successful. We have lived in the UK for almost 3 years now. My husband and our son were not happy here though so we decided to go to Canada, (my husband is Canadian). He got a job fairly easily and is now over there. I have flights booked to visit him in 3 weeks. I have return tickets I was wondering if the US overstay is going to be an issue with Canadian immigration when we arrive? it only just occurred to me that it might. I don't know whether the CBSA will even see anything about my overstay or if it will matter as Canada is completely separate from the USA.
> I must highlight that I wasn't deported or told to leave, we were told that as long as we didn't leave the US we could apply when things picked up and we could afford to adjust my status.
> We are so worried now that I could be refused entry, I am missing my husband and he has just started his new job and of course we just want to be a family again as soon as possible.
> 
> Please could anyone advise me? We are good people and we would never want to be in that horrible situation again as we were in the USA,it was just the recession and we did the honourable thing by leaving for the UK, legally. I really want to join my husband now and begin our new life. I was going to visit my husband and then we could start the PR application when I returned to the Uk and then we would join him the next month. Is that the way forward? Any advice would be appreciated. Thanks!


Technically you shouldn't have any problems to enter as visitor, for as long as you show strong ties to UK. 

Animo
(Cheers)


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## JacqelineA (Sep 8, 2013)

Jrge said:


> Hi,
> 
> Technically you shouldn't have any problems to enter as visitor, for as long as you show strong ties to UK.
> 
> ...


Hi Jrge, do you really think so? Do you know if my overstay will show up ? Do you think the Canadians can see by my passport that I overstayed? I have nothing on my passport negatively speaking, I have no stamp and I wasn't deported. it I so scary to think I could fly all the way over there with our son and not be able to gain entry. Thanks again, I really appreciate your advice


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## Jrge (Mar 22, 2011)

Hi,


JacqelineA said:


> Hi Jrge, do you really think so? Do you know if my overstay will show up ? Do you think the Canadians can see by my passport that I overstayed? I have nothing on my passport negatively speaking, I have no stamp and I wasn't deported. it I so scary to think I could fly all the way over there with our son and not be able to gain entry. Thanks again, I really appreciate your advice


I've met a couple of Europeans that had been living in the US without any legal status, and it's not only that they were admitted, but now they finally have a work permit. 

Animo
(Cheers)


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## JacqelineA (Sep 8, 2013)

That's good to know, I am ringing the CIC and an immigration lawyer today so hopefully we will find out answers. I also think it might help if we just submit my PR sponsored application right away so that the immigration officers will know we are serious about doing things right. 

Thanks!:fingerscrossed:


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