Help! I'm not sure what to do!!!

[memoria 0]

Hi, I just got married on the 21st of December. Family pressures and obligations are putting me on a plane to return to Canada this Tuesday. However, I'm terrified that at my return (7 days later) they won't let me back in. We have not filed any paperwork yet simply due to the lack of funds, Hubby's employer has not come back from an out of town trip and therefore has not paid him, which is a substantial amount.

Do I go? Do I stay? What are the risks, chances of getting back in. I would even get a return ticket back to Canada. I'm stressing over this immensely. There is so much information out there but too much at times (for me anyways). We plan on filling out the forms once his employer gets back (which will be also upon my return from Canada).

I was wondering if I should just not fill out any forms until my return from Canada. Do I even risk going back? Of course if I don't my Canadian family will be furious but that's a risk I'll have to take if I can't come back in.

Will I have trouble at the POE since Ive been here 5 months already?

If this has already been answered I'm sorry but I'm stressed and really need your kindness and help please.

Thanks

Memoria.

[Dylan'sWife 2]

You are entering dangerous waters,

As I see it, you have two options

1) Remain in the US and file an adjustment of status. Personally, I think that it's going to be lot more challenging for people who try and circumvent the immigration process by going this route in proving that had no immigration intent when the entered the U.S.

2) Return to Canada and suffer through the process like some many of us have done or are doing.

If you do return to Canada and decide to 'visit' your husband in the mean time, yes you may have some problems re-entering. Not to mention, if are admitted entry and you have another lengthy 'visit' you are risking an 'overstay' which may effect your visa petition.

I hope this helps.

[~Laura and Nick~ 5]

I suggest going home and deal with your issues there and have your husband file for a K3 or CR1 visa for you so you can enter the states legally and stay.

You can of course visit while the visa process is going through but you will have to show strong ties to Canada such as a letter from employer stating you are returning back to work, etc. It all depends on the officer at POE. He could turn you away because since you are married to a USC, you have intent to stay in the US.

Don't overstay if you do visit. This is a heartbreaking mistake.

Best of luck to you!!!

[memoria 0]

What if I don't mention that I'm married? I'm stressing over this but with reason. Is the K3 an I-130? How long am I allowed to stay? Is it not from January to December of every year.

Sorry for the whining.

I think I'm confused over the K3 and I-130 and the adjustment of status. Which one will allow me to visit my husband and still go home.

Edited January 5, 2008 by memoria

[barbarian 0]

Hi, I just got married on the 21st of December. Family pressures and obligations are putting me on a plane to return to Canada this Tuesday. However, I'm terrified that at my return (7 days later) they won't let me back in. We have not filed any paperwork yet simply due to the lack of funds, Hubby's employer has not come back from an out of town trip and therefore has not paid him, which is a substantial amount.

Do I go? Do I stay? What are the risks, chances of getting back in. I would even get a return ticket back to Canada. I'm stressing over this immensely. There is so much information out there but too much at times (for me anyways). We plan on filling out the forms once his employer gets back (which will be also upon my return from Canada).

I was wondering if I should just not fill out any forms until my return from Canada. Do I even risk going back? Of course if I don't my Canadian family will be furious but that's a risk I'll have to take if I can't come back in.

Will I have trouble at the POE since Ive been here 5 months already?

If this has already been answered I'm sorry but I'm stressed and really need your kindness and help please.

Thanks

Memoria.

Hi. I hope this answers your question. Im a 60 y/o us citizen last year i married a wonderful 60 y/o canadian lady. Because im an over the road truck driver we crossed the border numerous times with no problems. However ..this time.. after visiting her grand children in canada she was denied reentry into the us and told she would have to obtain a K3 visa. We had put off the obtaining of this visa for a time due to the cost. Crossing the border this time ,we made the mistake of saying thjat we intended to get a visa in the near future when we returned to canada. the customs people misunderstood and thought we intended to change her status after she was in the us. even tho it was a misunderstanding she can no longer cross the border till after we obtain her K3 visa. I hope this answers your question. Barbarian

[Dylan'sWife 2]

What if I don't mention that I'm married? I'm stressing over this but with reason. Is the K3 an I-130? How long am I allowed to stay? Is it not from January to December of every year.

Sorry for the whining.

I think I'm confused over the K3 and I-130 and the adjustment of status. Which one will allow me to visit my husband and still go home.

A K visa ( K1 for engaged people and a K3 for married people ) is a non-immigrant visa. Your apply for it by an I-129f being submitted. Once you enter with that type of visa, you then apply for an AOS (adjustment of status). AOS can be a very tricky and expensive process, so for people that are already married a CR-1 visa (I-130) is a better option as you are not required to preform the AOS saving both time and money.

Canadians are allowed to visit for up to 180 days in a 12 month period. The clock does not start at the beginning of each calender year, it's in the past 12 months. So in your case, if you have less than 30 days to visit. Note, I said days and not months...as some people mistake 180 days as a 6 month period and that is not always the case. Some 6 month periods add up to 182 days which could lead to an overstay by 2 days.

Your husband can submit an I-130 (CR-1) and an I-129f (K3) on your behalf. Neither will give you the right to visit during the process or deny you the right to visit. That is going to boil down to the particular boarder agent and how he feels that day or more importantly how you present yourself.

If you are asked by a boarder agent who you are visiting in the US, you MUST tell them the truth. If they find out you are lying YOU WILL BE BANNED FROM ENTERING THE US.

[~Laura and Nick~ 5]

A K visa ( K1 for engaged people and a K3 for married people ) is a non-immigrant visa. Your apply for it by an I-129f being submitted. Once you enter with that type of visa, you then apply for an AOS (adjustment of status). AOS can be a very tricky and expensive process, so for people that are already married a CR-1 visa (I-130) is a better option as you are not required to preform the AOS saving both time and money.

Canadians are allowed to visit for up to 180 days in a 12 month period. The clock does not start at the beginning of each calender year, it's in the past 12 months. So in your case, if you have less than 30 days to visit. Note, I said days and not months...as some people mistake 180 days as a 6 month period and that is not always the case. Some 6 month periods add up to 182 days which could lead to an overstay by 2 days.

Your husband can submit an I-130 (CR-1) and an I-129f (K3) on your behalf. Neither will give you the right to visit during the process or deny you the right to visit. That is going to boil down to the particular boarder agent and how he feels that day or more importantly how you present yourself.

If you are asked by a boarder agent who you are visiting in the US, you MUST tell them the truth. If they find out you are lying YOU WILL BE BANNED FROM ENTERING THE US.

Fantastic answer

[Flames9_RN 358]

ok, ur married, so now u have 2 options a K3 or cr-1. Plus and minuses of both. Where in Canada do u reside?? If ur in manitoba or west, and u go the K3 route, you would goto Vancouver , which is much faster at giving out interviews than Mtl!! If ur in Ont and east, it would be Mtl and ALL cr-1 go through MTl. Check out the k3 and cr-1 forums for the benefits/negatives of each! But timewise going through MTl, ur probably better off with a cr-1

Now, if u came to the usa with no intention of staying u could AOS, some people go this route, and there is nothign wrong with that! Some people on VJ get a bit angry with those that do this, but it is legal, as long as one had no intention of staying!!

Back to ur POE question, who knows!! Everyone has had various experiences with POE's! Some it was very easy, and some do get denied! I travelled monthly to DC while undergoing my cr-1 process and never had a problem and asked very few questions. My advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3)keep ur response short and to the point, dont tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5)pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isnt going to get ya anywhere, and could make things worse!!

8) have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didnt lie! Refer to #1

Best of luck

[memoria 0]

I've been here for 5 months already. So I have a choice if I understand correctly. I must immediately apply for the I-130 (which is a CR-1 right??) Therefore once that's done I can stay here at wait for all to be approved? If I do the I-130 I don't have to do an AOS?

Thanks again for your patience, I'm actually calming down.

[Lance27 19]

You have to file the I-130 and Adjust Status. You can use VJ timelime feature to roughly estimate how long this process usually takes. We filed for AOS Sept 20 and my case is still pending.

[Dylan'sWife 2]

I've been here for 5 months already. So I have a choice if I understand correctly. I must immediately apply for the I-130 (which is a CR-1 right??) Therefore once that's done I can stay here at wait for all to be approved? If I do the I-130 I don't have to do an AOS?

Thanks again for your patience, I'm actually calming down.

No, if your husband files for the I-130 (CR-1) on your behalf you must be outside the US when that is done.

As mentioned, if you attempt to re-enter for a visit it must be a short one as you have almost maxed out the amount of time you are allowed to 'visit' the US.

There is no such thing as being allowed to live in the US while awaiting for your CR-1 to be approved unless you enter with another type a visa. Your profile says you are from Montreal, so will be interviewed at that consulate and NOT Vancouver should you go the K3. In this case, again the CR-1 would be the way to go.

Should you not return to Canada for a visit, you bypass the K3 or the CR-1 process and begin the AOS procedure.

It's expensive and complicated- not to mention that because you entered under the pretense of a visit I suggest you get a lawyer if that is the path you choose.

When you first entered the US, what purpose was it for? What were you asked at the POE and what did you say?

Edited January 6, 2008 by Dylan'sWife

[memoria 0]

This is worse than I thought. I don't know where I heard that there is a form that he can fill out while I stay here with my husband. Maybe it was wishful thinking.

[Lance27 19]

Someone please correct me if i am wrong but I thought I-130 has to be filed along with AOS if the person is in the US?

I've been here for 5 months already. So I have a choice if I understand correctly. I must immediately apply for the I-130 (which is a CR-1 right??) Therefore once that's done I can stay here at wait for all to be approved? If I do the I-130 I don't have to do an AOS?

Thanks again for your patience, I'm actually calming down.

No, if your husband files for the I-130 (CR-1) on your behalf you must be outside the US when that is done.

As mentioned, if you attempt to re-enter for a visit it must be a short one as you have almost maxed out the amount of time you are allowed to 'visit' the US.

There is no such thing as being allowed to live in the US while awaiting for your CR-1 to be approved unless you enter with another type a visa. Your profile says you are from Montreal, so will be interviewed at that consulate and NOT Vancouver should you go the K3. In this case, again the CR-1 would be the way to go.

Should you not return to Canada for a visit, you bypass the K3 or the CR-1 process and begin the AOS procedure.

It's expensive and complicated- not to mention that because you entered under the pretense of a visit I suggest you get a lawyer if that is the path you choose.

When you first entered the US, what purpose was it for? What were you asked at the POE and what did you say?

[Dylan'sWife 2]

If she leaves the US to visit family, she can no longer pursue that path.

My reply was that intents to eventually enter the US with a visa in hand ( CR-1 route e.g.) , she must be outside the US when it is started.

Someone please correct me if i am wrong but I thought I-130 has to be filed along with AOS if the person is in the US?

I've been here for 5 months already. So I have a choice if I understand correctly. I must immediately apply for the I-130 (which is a CR-1 right??) Therefore once that's done I can stay here at wait for all to be approved? If I do the I-130 I don't have to do an AOS?

Thanks again for your patience, I'm actually calming down.

No, if your husband files for the I-130 (CR-1) on your behalf you must be outside the US when that is done.

As mentioned, if you attempt to re-enter for a visit it must be a short one as you have almost maxed out the amount of time you are allowed to 'visit' the US.

There is no such thing as being allowed to live in the US while awaiting for your CR-1 to be approved unless you enter with another type a visa. Your profile says you are from Montreal, so will be interviewed at that consulate and NOT Vancouver should you go the K3. In this case, again the CR-1 would be the way to go.

Should you not return to Canada for a visit, you bypass the K3 or the CR-1 process and begin the AOS procedure.

It's expensive and complicated- not to mention that because you entered under the pretense of a visit I suggest you get a lawyer if that is the path you choose.

When you first entered the US, what purpose was it for? What were you asked at the POE and what did you say?

[Lance27 19]

Agreed , If the OP is outside the US and her husband files for the I-130 then once the petition is approved it will be processed at the US consulate in Montreal where she will have an interview and a CR1 visa issued.

If she leaves the US to visit family, she can no longer pursue that path.

My reply was that intents to eventually enter the US with a visa in hand ( CR-1 route e.g.) , she must be outside the US when it is started.

Someone please correct me if i am wrong but I thought I-130 has to be filed along with AOS if the person is in the US?

I've been here for 5 months already. So I have a choice if I understand correctly. I must immediately apply for the I-130 (which is a CR-1 right??) Therefore once that's done I can stay here at wait for all to be approved? If I do the I-130 I don't have to do an AOS?

Thanks again for your patience, I'm actually calming down.

No, if your husband files for the I-130 (CR-1) on your behalf you must be outside the US when that is done.

As mentioned, if you attempt to re-enter for a visit it must be a short one as you have almost maxed out the amount of time you are allowed to 'visit' the US.

There is no such thing as being allowed to live in the US while awaiting for your CR-1 to be approved unless you enter with another type a visa. Your profile says you are from Montreal, so will be interviewed at that consulate and NOT Vancouver should you go the K3. In this case, again the CR-1 would be the way to go.

Should you not return to Canada for a visit, you bypass the K3 or the CR-1 process and begin the AOS procedure.

It's expensive and complicated- not to mention that because you entered under the pretense of a visit I suggest you get a lawyer if that is the path you choose.

When you first entered the US, what purpose was it for? What were you asked at the POE and what did you say?