Difficult, complicated situation

[Tater&Bugger 3]

This is a long one and I need advice. In 2010 I pursued a fiancé visa with my now husband. By March 2011 I had my PR. In 2012 I got pregnant (yay!) and Feb 2013 we had a beautiful baby girl. We decided we wanted to move our family back to Canada for a few reasons. My husband had a job offer, a lawyer gave us the info for his work permit and we were good to go. I would sponsor him after we settled in. Well, after we bought a house in Canada and sold ours in the US we found out the lawyer messed up and there was no work permit. My husband continued to work and stay with family while I went to Canada with our daughter (we didn't have anywhere to stay in the US but had a house in Canada). My husband was working out a new work permit plan and when we went to the US to visit I was told to abandon my PR since we returned to Canada to live. Done.

Fast forward. My husband's employer in Canada was taking care of his permit. That was winter 2014. We found out this week, June 2014 that head office HR was never working on his permit and didn't tell his employer. They would not get him a permit because it's too complicated but he has a job waiting once he can work.

At this point my daughter and I have been on our own for 10 months and we just want to be a family again. My understanding is I cannot get my PR reinstated and will have to follow with a IR-1 Visa. Is this true? Do I file it directly with the US consulate in Canada? The idea of going through this again is awful but we want to be together and we miss living in Phoenix (where we were before) and are considering going back. Sponsoring him to come here is a very lengthy process and we're not even sold on staying. He is coming to town this weekend so we can plan it out.

We got screwed over by lots of people. It's been an emotional week and any information is greatly appreciated. Unlike last time I don't have as much time to do all my online searching so your input is appreciated. When you're chasing a toddler you don't get much time for anything else!

Also, can I visit my husband in the US as the IR-1 is being processed? What is the current wait time? I know I can find these answers here but if you're replying you may be able to answer me quickly anyways

Thank you and sorry for the lengthy post.

[Tater&Bugger 3]

Ok I was trying to understand the processing times and am confused. Example, if we filed now, then we'd expect to get my GC in August/Sept 2015?

[Boiler 44,857]

Ok I was trying to understand the processing times and am confused. Example, if we filed now, then we'd expect to get my GC in August/Sept 2015?

Sounds reasonable.

Odd about the work visa, TN?, they are relatively easy compared to most options and quick.

[Hypnos 6,576]

Your husband should file an I-130 immediately, seeking an IR-1 visa for you. Upon entry to the US you will automatically be granted a green card.

It will take approximately 12 - 14 months until you receive the visa from the time of application, so really the sooner the better.

You can visit whilst it's processing, but may need to show CBP proof that you need to return to Canada at the end of your authorised stay.

[Tater&Bugger 3]

TN is the NAFTA Visa, work permit rather, correct? If so, we were told he is no eligible because his work is hands on. He is a technician for BMW with a degree. We verified with a second lawyer and at the border. In all honesty though, we miss the life we had in Phoenix. Had that agent not had me abandon my GC 6 months ago I wouldn't be in the position. I'm going to call USCIS tomorrow for advice anyways but it's not looking good.

[Tater&Bugger 3]

Your husband should file an I-130 immediately, seeking an IR-1 visa for you. Upon entry to the US you will automatically be granted a green card.

It will take approximately 12 - 14 months until you receive the visa from the time of application, so really the sooner the better.

You can visit whilst it's processing, but may need to show CBP proof that you need to return to Canada at the end of your authorised stay.

Would showing my current bills, planned doctor appointments etc be sufficient you think? I can't remember, but how long after submitting your packet do they charge your fee?

[Hypnos 6,576]

Once you've officially abandoned a green card then it's gone forever. It even carries that warning explicitly on the surrender form (I-407).

[Tater&Bugger 3]

And perhaps showing a flight home would help...

[Boiler 44,857]

USCIS are the last place to seek advice.

[alix 20]

How long have you been away from the US? If you haven't been away for more than a year then you could still use your GC I think, unless you have officially given it up.

Visitation is subject to the immigration officer at the border. I travelled here during my CR-1 process and was almost deported.

[Tater&Bugger 3]

How long have you been away from the US? If you haven't been away for more than a year then you could still use your GC I think, unless you have officially given it up.

Visitation is subject to the immigration officer at the border. I travelled here during my CR-1 process and was almost deported.

I had to fill out the form Hypnos mentioned and hand in my card. They were jerks about it. The only unpleasant experience I've ever had at the border!

When I was waiting for my K1 visa I had no home in Canada, no job and travelled freely so was hoping it would be so easy again.

[alix 20]

Good luck to you! Hopefully you'll get your visa quickly.

[warlord 72]

TN is the NAFTA Visa, work permit rather, correct? If so, we were told he is no eligible because his work is hands on. He is a technician for BMW with a degree. We verified with a second lawyer and at the border. In all honesty though, we miss the life we had in Phoenix. Had that agent not had me abandon my GC 6 months ago I wouldn't be in the position. I'm going to call USCIS tomorrow for advice anyways but it's not looking good.

You are married to a USC, you do not qualify for a TN status at all. A TN is a temporary work status only, it cannot be used for permanent status. Since you are married to a USC, you are no longer considered "temporary" and thus you will not be able to get a TN.

You removed your life in the US, by doing so you abandoned the GC whether or not you turned in the card. If you were trying to move back to the US, the immigration officers would ask you a lot of questions about your status, they would have determined even with a QC that you had abandoned it as you cannot have a QC and live and work outside the US without proper ties, and authorization (re-entry visa if you qualify). There are strict requirements on the QC you must follow. One of them is living and working outside the US without authorization is grounds for abandonment. So you actually did what you were supposed to do and turn in the card...

[Rob & Monika 87]

Why was he pursuing a work visa? Why was he not pursuing a spousal visa to stay in Canada?

[kc247 22]

I am no expert, but from what I have read online (my husband and I would like to return to Canada after he is done school as long as he can find a job), the easiest way to return to Canada is to apply while you are living in the US and sponsor them as a spouse, and then move to Canada when that is approved. That really isn't any help though since you have already moved to Canada. From what I have read it actually seems quicker to do it while you are living in the US than to do it in Canada. BUT, it isn't your fault, if the employer said they were going to do the work visa than they should of. Very frustrating! Hope it works out.