Overstaying a Visa While I-130 is Pending

[cdn_paige]

Hello!
So I am a Canadian citizen, married to a US citizen. We applied for our i-130 in April and are still waiting for our NOA2. I have been visiting in the US since the end of March but I have overstayed my time here so I am going back to Canada to wait out the process. My questions are:
Will I get in trouble when entering back into Canada?
Will I not be allowed to travel back to the US until visa is approved?
Could my visa be denied?
Not only am I married to a US citizen, but I also work for a Canadian company that is owned by a US company, so once my paperwork is complete I will transfer to the US company, and I also need to travel to the US during my i-130 process as part of my job. I'm seriously worried and trying to do everything the proper way. I did not mean to overstay, and now that I've realized I have I am planning on getting the heck out next week.

Thank you sooo much!

[Dogmatique]

Get thee to an attorney immediately.

If you DO leave now, you're opening yourself up for trouble; an immigration attorney will help you figure out the options.

[Disagreeable]

If you leave now, you are going to be in a world of immigration hurt. I am not going into the long version.

[T53147]

Research 3 and 10 year bans for an overstay.

As was stated before, GET AN ATTORNEY.

[cdn_paige]

Thank you all... Will contact an attoney today, and hopefully get sorted before I fly next week. Thought maybe it was forgiven if married to a US citizen. This sucks. Thanks again!

[Dogmatique]

Thank you all... Will contact an attoney today, and hopefully get sorted before I fly next week. Thought maybe it was forgiven if married to a US citizen. This sucks. Thanks again!

Overstays are not uncommonly forgiven if the non-US spouse remains in the US; it's once you leave and try to re-enter that triggers the ban.

(It also depends on whether you simply overstayed a valid visa, versus being undocumented. You're the former, not the latter)

[T53147]

If you leave as you are planning, expect to have your spouse move to Canada so you can be together unless there are other very extenuating circumstances and a lot of money to go through that process.

[Mr. Knowitall]

Also, keep in mind that an overstay disqualifies you from the Visa Waiver Program, even if not long enough to trigger a period of ineligibility.