Hey Canucks.....

[rebeccajo 14]

http://www.visajourney.com/forums/index.php?showtopic=182133

Does this guy have a problem?

[Kathryn41 3,205]

Yes, he probably does. He needs to come clean, of course, during the interview and the interviewer 'may' go easy on him, but most likely he will be found to have abandoned - even unintentionally - his AOS. At least he entered the country legally but I have no idea how they will treat that entry. He should get a good lawyer and fast.

[rebeccajo 14]

Yes, he probably does. He needs to come clean, of course, during the interview and the interviewer 'may' go easy on him, but most likely he will be found to have abandoned - even unintentionally - his AOS. At least he entered the country legally but I have no idea how they will treat that entry. He should get a good lawyer and fast.

Can a Canadian (waiting for adjustment) come back in the country by a means other than Advance Parole?

I know you all have that 'special' (non-VWP) sort of status for regular travel.........

And what do you make of the fact that it looks like he was first in Mexico and then went to Canada to enter? Something funny going on?

Or not?

[Kathryn41 3,205]

No, once we enter the US as a K-1 we are subject to the same rules as everyone else. Canadians have a special status as 'visitors' and can cross the border without a visa - it isn't even a visa waiver, there just isn't a visa required unless told otherwise. Once we are in the immigration system though, all of that special status goes out the window and we are treated like everyone else.

For this last entry he did enter legally and did inform the border guard of his situation so they allowed him in. He didn't try to hide anything or misrepresent himself so that is in his favour. He won't run into any problems due to his method of entry. His intent, however, may be questioned because he did enter with immigrant intent. That is where the leniency of the interviewing officer may come into play. If they take sympathy on him they may overlook his unauthorized trip out and the fact that he entered with immigrant intent since he had already entered legally with immigrant intent. They may grant that he didn't abandon his AOS which would be the best thing that could happen for him. I really think it will depend on who he gets for the interview. I wish him luck.

[rebeccajo 14]

Thanks Kathryn.

[Carlawarla 1]

I think this guy is hanging by a thread, and I really really hope he gets back to us after his interview. He didn't come down on a visa, he married and was adjusting status after a visit. He already has to overcome at the interview the fact he didn't have intent when he visited that he was going to marry and just stay. Then he leaves, after knowing about the AP and AOS and that he wasn't to leave, and then asks how he can get back. I think the border officials were very generous in not saying "back to Canada with you". Who knows if he even told them what happened. Again, maybe he got a BO that was sympathetic, or who was too busy to look into it more. Either way, he now has some explaining to do at the AOS interview. If he's judged to either had intent the first time he entered, or misinterpreted himself at the second entrance from Mexico, he's not going to have any recourse or appeal on his AOS and could be banned for life.

Personally, I would never ever take that chance.

I had seen his threads, but thanks for bringing it to our attention rebeccajo.

[Sprailenes 47]

http://www.visajourney.com/forums/index.php?showtopic=182133

Does this guy have a problem?

Yes he does.

He's using Tony Danza as his screen name.

[Carlawarla 1]

http://www.visajourney.com/forums/index.php?showtopic=182133

Does this guy have a problem?

Yes he does.

He's using Tony Danza as his screen name.

That's priceless. You're SO funny.

[Reba 2]

He's not K1 though, he's adjusting from visitor status, which even if he had AP, it is usually strongly suggested to NOT leave the country, even with AP.

I'd say (and posted in his thread) that he likely does have a problem, and risks being deported and banned. However, if he really *was* totally upfront with USCIS upon his last entry (which I somehow doubt, but he says he was) the interviewer may overlook his ignorance and be nice to him. Maybe. Or not.

[Emancipation 2]

He has a problem alright .. between his ears...

did I say that outloud?

[warlord 73]

It's not like you can't get an emergency AP for situations like that. Guy should have researched it before just leaving. I couldn't really understand the story though. Is he still in Canada? Or is he back in the US? If so how did he get back?

[Carlawarla 1]

It's not like you can't get an emergency AP for situations like that. Guy should have researched it before just leaving. I couldn't really understand the story though. Is he still in Canada? Or is he back in the US? If so how did he get back?

He came to the US on a visit and married his g/f. He applied for AOS. He wouldn't be able to get an emergency AP to go to his brother's wedding. That's not an emergency. Either way, if you apply for AOS without having come down on a visa, then you can't leave the country until you have a GC. Anyway, he went to Mexico for the wedding, and while there, found out he got his AOS interview. So his first thread was how can he get back into the US and still attend the interview. Fast forward...he got back into the US by flying back. I think, but I'm not sure, he had a flight back to Canada, and then there was a stop in the US, and he says he explained things to the BO and they let him in. Hmmm, I'm thinking however that if he was flying Mexico to Canada, he wouldn't stop in Customs in the US would he? Maybe he just flew back to the US. Either way, they let him in, and now he's going to go to his AOS interview, and he's wondering what he's going to say.