Okay I'll explain my story... I met my boyfriend online about a year and a half ago (November 2007). We fell in love, even though we had never met. I am a Canadian citizen, and he is an American Citizen. I had never been out of my country, nor had I ever flew on a plane. I decided to come and visit him in his home city Denver, Colorado. So in October of 2008, we decided to purchase a return ticket for me to visit him for a month. Well I had forgot my itinary at home the day we booked the flight. I was pulled into customs and had no proof that I had legal ties to the states, because I had no documents of such proof at that time. They denied me access and told me that I was able to return again when I had the proper documentation following with an itinary. I rebooked my return ticket for November 16th to stay one week. I arrived for my flight with all back up of documentation such as proof I was employed, rent reciepts, bank statements, phone bills in Canada, and my itinary. The boarder officer allowed me access only after I signed for a i-94. He gave me one month to stay, and my expiration date was December 15th. He also mentioned that I was allowed to rebook my return flight if I wanted to stay longer as long as I did not overstay past december 15th.
I flew to the states met my boyfriend of one year, and instantly knew that everything we shared was real. After that week I decided to stay a bit longer.. As a few weeks went by, we knew that we did not want to seperate, and that we wanted to be with one another for the rest of our lives. We got married December 11th.
My expiration date on my i-94 B2 Visa was December 15th. I am currently still in the states and have overstayed my visit by 41 days. I was under the impression that if I was a Canadian Citizen that I was allowed to stay in the states for 6 months with no visa.
My husband and I are worried that he might goto jail because I have overstayed, and that it would be considered 'harboring an immigrant'. We are also worried that if we applied for further visa's like a spousal visa. That I will not be approved.
I would like to know what our options are...and If it is worth staying here and applying for a spousal visa. Or will we have to find an attorney and go through legal proceedings? We don't have that kind of money to afford a lawyer. However, we can come up with the amount to pay for the spousal visa applications.
If all fails, we were considering moving to Canada, and I trying to make him a permanent resident.
1) Can my husband goto jail for us getting married, and me overstaying my visa being out of status... even though I legally entered the states and married him before my visa expired?
2) Can we proceed with applying for a spousal visa even though ive overstayed my b2 visa by 41 days?
Please, if anyone has answers or has been through a similiar situation as we have..Can you please pass on your information.