I am a Canadian citizen and have 3 children all born in Canada (I have full custody father has no visitation). 2 months ago I entered the US in order to visit my boyfriend/friends for the summer. My plane leaves next week, but my boyfriend and I have decided to get married and I want to stay here. First question, since I do not have a visitor or any type of visa, how long am I allowed to stay here...second, my divorce is not final and if its delayed how long can i wait b4 i may be asked to leave, third, i have school age children, is there anyway of them attending any type of public school either a) while we wait to marry or b) after we marry Please help, this was not an intentional stay, and we dont want it to be viewed that way

Pink: O.K. You came to the states without a visa, yes? Research tells me that provided you stay for 90 or less you are o.k. to return without any complications, provided you have all of your paperwork in order. To that end, in that you did not come to the States on a visa, return within those 90 days you must. Have your boyfriend file a fiance visa (I-129F) asap. Once it is approved, you can come back to the States, you will need to get married within the 90 days allowed. The following web-site gives you all of the details for the process.

http://www.ins.gov/graphics/howdoi/fianceapp.htm

Secondly, I have one concern, regarding your children. In reading, I came across several citings that made mention of Candians with children in the United States. In that you are in the process of divorce and have custody, you will very likely need to have the legal paperwork with you, proving as such. If you do not have the court order with you, you may want to have it faxed to you before you get on the plane.

Take note that it would be in your best interest to have legal documentation drawn up, stating that your ex-husband gives permission for you to bring the children to live outside of Canada and in the US. In this documentaion, also have stated any scheuled, and agreed upon vacation and or visits for the children back to Canada. I don't care what anyone tells you, do it. I have worked in the area of family law for a while, and this is one area where it never hurts to have it in writing. Have it notorized and sealed in blood (just kidding about the blood). If you do not have something in writing that states he gave his permission and acknowledges that the children are out of the country, you could be in hot water should he decide to cry "kidnapping" just to get the kids back.

Below is a list of documentation you need to ensure that you get back to Canada without any problems.


You should:
a) carry a Canadian passport for all visits outside Canada, including to the USA. It should be valid for at least six months beyond the date of your expected return to Canada;
b) keep a photocopy of your passport's identification page;
c) carry passports, tickets, and money separately;
d) carry legally certified documentation signed by both parents permitting a child under 18 to travel alone, with an adult, or with one parent. In the latter case, custody documentation may also be required;
e) keep valuables and passports safe and carry only enough money for anticipated expenses;
f) leave a copy of your itinerary and proof of citizenship with family and/or friends;