Urgent situation - filing I-130 at the last minute

[dmacgregor 0]

I am doing research for my son (US Citizen) and his girlfriend (Canadian Citizen) to help them through this situation and I don't think that they understand the gravity of it.

Here is a brief overview.

"E" came here in Jan '09 on as a tourist from Canada and stayed with my son for her 6 months. They had met about 9 months before that when she was here (US) visiting friends. At that time they were considered "girl friend/boy friend". He had also gone to Canada to visit her (Winter '08). So a relationship grew over time. Anyway, when she returned in July after going back home to Canada for a month, she was allowed to come to the US (tourist visitor) for only 1 month and has to return to Canada by Sep 1st. (a baby is on the way and she blurted this out when at the interview at the airport coming in)

They have filed absolutely nothing yet as far as trying to keep her here. They are getting married Monday (Aug 24)!!!!

They think that they can somehow whip up the I-130 and get her permission to stay in the US while the processing takes place. Someone that they talked to at the Cust Serv line told them that they could do that.

I don't think that this is correct. I think that they should do this:

- Go ahead and get married

-"E" return to Canada on time - by Sep 1

- My son file the I-130 asap

- Also file the I-129F

- "E" returns to US on K3 (eventually)

Is that correct or is there some way around it all that I am not seeing? I think that she may have serious consequences if she does not return to Canada on time.

Advice and assistance is greatly appreciated. dmac

[Chris Me lil D 17]

"E" came here in Jan '09 on as a tourist from Canada and stayed with my son for her 6 months. They had met about 9 months before that when she was here (US) visiting friends. At that time they were considered "girl friend/boy friend". He had also gone to Canada to visit her (Winter '08). So a relationship grew over time. Anyway, when she returned in July after going back home to Canada for a month, she was allowed to come to the US (tourist visitor) for only 1 month and has to return to Canada by Sep 1st. (a baby is on the way and she blurted this out when at the interview at the airport coming in)

I don't think that this is correct. I think that they should do this:

- Go ahead and get married

-"E" return to Canada on time - by Sep 1

- My son file the I-130 asap

- Also file the I-129F

- "E" returns to US on K3 (eventually)

Is that correct or is there some way around it all that I am not seeing? I think that she may have serious consequences if she does not return to Canada on time.

Advice and assistance is greatly appreciated. dmac

As far as I understand the immigration process, if she entered on a visitors visa the last time and she told immigration officer she's pregnant from her USC boyfriend, she will have to proof she had no intentions to get married and stay in USA if they file for AOS. Otherwise, yes, if they get married, she'll have to return to Canada till a visa is issued to her. K-3 nowadays takes almost as long as a CR-1, plus is more expensive after all. Good luck to them

[Old Dominion 26]

Immediately after the wedding, they could file for AOS and once USCIS issues its receipt letter in a week or so, she is legally in the U.S. BUT, when it comes time for their interview, it will be necessary to prove somehow that marriage was not intended when she last came here as a visitor. Since she arrived already pregnant, they would naturally assume that she intended to marry and stay. If there is no proof to the contrary, she's be denied AOS and be required to return home and banned for re-entry for a period of years, having overstayed her visa.

[dmacgregor 0]

Thanks for the info - that may be the way that they should go. When she arrived here they were not sure of their course of action as far as marriage goes. They needed to see each other and decide what to do. Get married, stay, go to Canada, what...

[meauxna 15]

Thanks for the info - that may be the way that they should go. When she arrived here they were not sure of their course of action as far as marriage goes. They needed to see each other and decide what to do. Get married, stay, go to Canada, what...

There's also the cost of birthing in the US vs in Canada. Going home for a visa might not be a bad idea at all. One major red flag is that she was only admitted for one month this time; the border agent already didn't like that she has spent the majority of this year in the US.

Canadians don't enter with a visa, so she does not have the protections that might have offered her; the end result of Old Dominion's scenario might not even be as pleasant as he says.

If they are feeling cocksure, remind them that filing I-130 alone does *nothing* toward giving her status in the US; this isn't the kind of thing they should decide in a short period of time with so little information.

[pushbrk 13,099]

Thanks for the info - that may be the way that they should go. When she arrived here they were not sure of their course of action as far as marriage goes. They needed to see each other and decide what to do. Get married, stay, go to Canada, what...

There's also the cost of birthing in the US vs in Canada. Going home for a visa might not be a bad idea at all. One major red flag is that she was only admitted for one month this time; the border agent already didn't like that she has spent the majority of this year in the US.

Canadians don't enter with a visa, so she does not have the protections that might have offered her; the end result of Old Dominion's scenario might not even be as pleasant as he says.

If they are feeling cocksure, remind them that filing I-130 alone does *nothing* toward giving her status in the US; this isn't the kind of thing they should decide in a short period of time with so little information.

Old Dominion's scenario was pretty much spot on, in that he indicated the result was likely to be AOS denial and a ban from the US.

They can marry and file the I-130 as soon as possible. She needs to avoid overstaying her Sept. 1 date. As the OP states, these kids need to take this very seriously or the could end up losing the option of spending their lives together in the USA. Adjusting status is out of the question but she COULD potentially be readmitted for a visit later.

[rebeccajo 14]

Thanks for the info - that may be the way that they should go. When she arrived here they were not sure of their course of action as far as marriage goes. They needed to see each other and decide what to do. Get married, stay, go to Canada, what...

There's also the cost of birthing in the US vs in Canada. Going home for a visa might not be a bad idea at all. One major red flag is that she was only admitted for one month this time; the border agent already didn't like that she has spent the majority of this year in the US.

Canadians don't enter with a visa, so she does not have the protections that might have offered her; the end result of Old Dominion's scenario might not even be as pleasant as he says.

If they are feeling cocksure, remind them that filing I-130 alone does *nothing* toward giving her status in the US; this isn't the kind of thing they should decide in a short period of time with so little information.

Old Dominion's scenario was pretty much spot on, in that he indicated the result was likely to be AOS denial and a ban from the US.

They can marry and file the I-130 as soon as possible. She needs to avoid overstaying her Sept. 1 date. As the OP states, these kids need to take this very seriously or the could end up losing the option of spending their lives together in the USA. Adjusting status is out of the question but she COULD potentially be readmitted for a visit later.

[psalyach 0]

Hi,

OMG, this is exactly my situation. I would appreciate your son's progress on this. My girlfriend also came here from March to July. When she went back to Thailand, she found out that she is pregnant (the baby due in April 10). I plan to go to Thailand to get married in December, and I plan to bring her here again with me on another tourist visa. We would like to have a child born here in the US.

Once she is here, I will begin filing I-130 immediately, I think it is OK to file for this when she is here, according to the question provided in the form. It is just that eventually she will have to go back to her home country to get actual K3 visa.

Congratualtions to the wedding and the upcoming grandchildren.

I am doing research for my son (US Citizen) and his girlfriend (Canadian Citizen) to help them through this situation and I don't think that they understand the gravity of it.

Here is a brief overview.

"E" came here in Jan '09 on as a tourist from Canada and stayed with my son for her 6 months. They had met about 9 months before that when she was here (US) visiting friends. At that time they were considered "girl friend/boy friend". He had also gone to Canada to visit her (Winter '08). So a relationship grew over time. Anyway, when she returned in July after going back home to Canada for a month, she was allowed to come to the US (tourist visitor) for only 1 month and has to return to Canada by Sep 1st. (a baby is on the way and she blurted this out when at the interview at the airport coming in)

They have filed absolutely nothing yet as far as trying to keep her here. They are getting married Monday (Aug 24)!!!!

They think that they can somehow whip up the I-130 and get her permission to stay in the US while the processing takes place. Someone that they talked to at the Cust Serv line told them that they could do that.

I don't think that this is correct. I think that they should do this:

- Go ahead and get married

-"E" return to Canada on time - by Sep 1

- My son file the I-130 asap

- Also file the I-129F

- "E" returns to US on K3 (eventually)

Is that correct or is there some way around it all that I am not seeing? I think that she may have serious consequences if she does not return to Canada on time.

Advice and assistance is greatly appreciated. dmac

[canadian_wife 1,829]

I agree with pushbrk - she should really not overstay her September 1 departure date. A thing about Canadians, they often think they have this sense of entitlement to enter the US and stay for however long they like. Why not play it safe, avoid the chance of a removal and a ban for a denial of AOS, have the baby in Canada, and file the I-130 after the marriage.

This is serious, your son needs to know this (having his mother post these questions on VJ makes me think he does not understand the gravity of this situation - although you should be commended on your forethought)

Good luck.

[pushbrk 13,099]

It is just that eventually she will have to go back to her home country to get actual K3 visa.

Do some more reading. K3 is obsolete because it no longer saves time. It just costs more in the long term.

[Anh map 2,098]

Hi,

OMG, this is exactly my situation. I would appreciate your son's progress on this. My girlfriend also came here from March to July. When she went back to Thailand, she found out that she is pregnant (the baby due in April 10). I plan to go to Thailand to get married in December, and I plan to bring her here again with me on another tourist visa. We would like to have a child born here in the US.

Once she is here, I will begin filing I-130 immediately, I think it is OK to file for this when she is here, according to the question provided in the form. It is just that eventually she will have to go back to her home country to get actual K3 visa.

Congratualtions to the wedding and the upcoming grandchildren.

She will likely have difficulty getting a tourist visa and/or gaining admission to the US at the POE when she has a USC spouse.

I-130 is used for the CR1, not K3.

Do some preparation by reading the Guides. When you have more questions start a separate thread. You will get more responses.

Edited August 23, 2009 by Anh map

[imaisha 1]

I-130 is used for the CR1, not K3.

The I-130 is necessary for both the CR-1 and the K-3. As a married couple they would not be able to file a stand alone I-129f.

I agree with the above posters though, don't bother with the K-3.

[CanTex 1]

Why did she only have one month in US? Did Customs indicate that to her when she came here?

[Kathryn41 3,205]

Why did she only have one month in US? Did Customs indicate that to her when she came here?

Yes, the OPs original post says she was only granted a one month admission by the border authorities when she last crossed and was told she needed to leave by September 1st. The border authorities have absolute say on who is allowed to enter and for how long they are allowed to stay. She definitely does not want to miss that exit deadline, especially if she has a desire to be allowed to live in the US eventually.