I am currently in the US, but overstayed a voluntary departure.

[tango]

I would like to know if there is anyone with similar situation. Make a long story short. I was granted a voluntary departure and never left due to some personal reasons. Later on, I married a US citizen and tried to re-apply for the green card, but it was not successful due to my previous status. I was never deported from the US. Last years my wife applied to immigrate to Canada and everything got approved and we are moving there this year. My question is what steps do I need to take when I get to Canada in order to be able to come back to the US apply for US green card through my marriage with my wife, a US citizen? Do I need to go to a US consulate in Canada and let them know that I have left the country?

Thank you

 

[BobbyB]

I think you should look for a Green card forum/US Immigration forum.

 

[todiefor]

you should consult a US immigration lawyer. your situation is complicated and the best person that can give you an advise is an immigration lawyer.

 

[claxtonCT]

Hi, if I understood what you want to do:

US Immigration decision of denying your CG because of your status will not change just because you moved out to Canada, they have everything on file. If you try going to American consulate in Canada the decision will be the same as they will see everything on file. And heads up, in your situation, as soon as you leave the US you will be barred for 10 years to come back. After 10 years passed then if you are still married to your American wife you will be able to come back (only if you have no other convictions beside overstaying order to leave). Contact a good immigration lawyer and check the details before leaving the country or speaking to US immigration

 

[tango]

Hi, if I understood what you want to do:

US Immigration decision of denying your CG because of your status will not change just because you moved out to Canada, they have everything on file. If you try going to American consulate in Canada the decision will be the same as they will see everything on file. And heads up, in your situation, as soon as you leave the US you will be barred for 10 years to come back. After 10 years passed then if you are still married to your American wife you will be able to come back (only if you have no other convictions beside overstaying order to leave). Contact a good immigration lawyer and check the details before leaving the country or speaking to US immigration

claxtonCT,

The only way for me to adjust my status in the US through my marriage with my wife, a us citizen, is by living the country and applying outside of the US, as adivised by our lawyer after he contacted US immigration. I was just wondering what I need to do when I get to Canada to prove to the US that I have left the country. Because they will need prove of date when left if in the future I decide to come back to US. For me I would never come back to the US, but my wife's family they all live here. I am very happy, and I will be in dept to Canada for letting us have a second chance and a new beginning.

Thank you all.