question regarding my pending I-130 and traveling

[ttaryn 0]

I figure I should give some background before explaining my case and asking for advice...

I am a Canadian who just happened to fall for an American and make both of our lives more complicated.

We met in Vancouver in May 2007 while he was attending a Canadian University for a year. We were

together the duration of his stay. The following year (summer 2008) he had to return home to Las Vegas.

I decided to do my fall 20008 semester of university by distance while staying with him in the US. They

gave me a little grief at the border but nevertheless let me go. After that semester I had to return

to Vancouver to work and save up for more school (Dec 08 - May 09). We visited back and forth without any

trouble at the border during that time.

I had planned to do my summer semester of university by distance again and traveled to the US May 12, 09.

This time though, the border guards were not as understanding and limited my stay with an I-94 to one month

(until June 12, 09).

Since we were planning on getting married in the next year or so anyway, we decided we would get married

that summer and save the hassle of traveling/border crossing/a long distance relationship

We were married June 6, 2009 and I have remained in the US since then. We filed our I-130 and its accompanying

forms (biographic immigration, affidavit of support) in November.

Last week (the first week of May) we received our first "request for evidence" asking only for a copy of my husband's

birth certificate, which we mailed off immediately.

My question is:

My mother is getting married in Vancouver this July and we would REALLY like to be there. Now, the way I understand the

travel document that you can apply for, is that you can only apply for it once the I-130 process has been finalized and you

are awaiting adjustment of status.

We are very weary of traveling at this point (I don't want to not be allowed back). I understand that I am not really supposed

to be down here in the first place, however we were not intending to get married when we did and at the time I did not realize

it was such a difficult process.

If I try to travel this summer and my immigration process is not yet complete what should I expect with border guards?

Thanks in advance!

[HeatDeath 430]

Your I-94 expired on June 12, 2009. You accumulated out-of-status days until the filing date of your I-130/I-485 [did you file an I-485? I assume so.] sometime in November.

So you have something like 5 months of out-of-status days. You shouldn't incur a 3 year ban upon leaving the country, but you can expect (and have already experienced a taste of) significant difficulty and hassle getting readmitted, if you don't have that AP document.

Honestly, I don't know if I would risk it, if I were you. That much out-of-status time is playing with fire, even if it's not technically enough to trigger a bar.

[pushbrk 13,180]

I figure I should give some background before explaining my case and asking for advice...

I am a Canadian who just happened to fall for an American and make both of our lives more complicated.

We met in Vancouver in May 2007 while he was attending a Canadian University for a year. We were

together the duration of his stay. The following year (summer 2008) he had to return home to Las Vegas.

I decided to do my fall 20008 semester of university by distance while staying with him in the US. They

gave me a little grief at the border but nevertheless let me go. After that semester I had to return

to Vancouver to work and save up for more school (Dec 08 - May 09). We visited back and forth without any

trouble at the border during that time.

I had planned to do my summer semester of university by distance again and traveled to the US May 12, 09.

This time though, the border guards were not as understanding and limited my stay with an I-94 to one month

(until June 12, 09).

Since we were planning on getting married in the next year or so anyway, we decided we would get married

that summer and save the hassle of traveling/border crossing/a long distance relationship

We were married June 6, 2009 and I have remained in the US since then. We filed our I-130 and its accompanying

forms (biographic immigration, affidavit of support) in November.

Last week (the first week of May) we received our first "request for evidence" asking only for a copy of my husband's

birth certificate, which we mailed off immediately.

My question is:

My mother is getting married in Vancouver this July and we would REALLY like to be there. Now, the way I understand the

travel document that you can apply for, is that you can only apply for it once the I-130 process has been finalized and you

are awaiting adjustment of status.

We are very weary of traveling at this point (I don't want to not be allowed back). I understand that I am not really supposed

to be down here in the first place, however we were not intending to get married when we did and at the time I did not realize

it was such a difficult process.

If I try to travel this summer and my immigration process is not yet complete what should I expect with border guards?

Thanks in advance!

You should have filed your I-130 and I-485 concurrently with the I-131 instead of just the I-130. At this point you're stuck in the USA until your I-130 is approved, you file the I-485 and I-131 based on that and receive advance parole. The good news is that this is all probably doable by July. Start by carefully studying the Adjustment of Status guide.

If you leave the USA, you will not get back in for quite some time because you are subject to a three year ban on re-entry and soon a ten year ban because of your overstay. They overstay is miraculously forgiven if you simply stay and adjust status without leaving.

This thread belongs in the AOS forum, not the K3 visa forum.

Edited March 9, 2010 by pushbrk

[CQ & CS 2]

I figure I should give some background before explaining my case and asking for advice...

I am a Canadian who just happened to fall for an American and make both of our lives more complicated.

We met in Vancouver in May 2007 while he was attending a Canadian University for a year. We were

together the duration of his stay. The following year (summer 2008) he had to return home to Las Vegas.

I decided to do my fall 20008 semester of university by distance while staying with him in the US. They

gave me a little grief at the border but nevertheless let me go. After that semester I had to return

to Vancouver to work and save up for more school (Dec 08 - May 09). We visited back and forth without any

trouble at the border during that time.

I had planned to do my summer semester of university by distance again and traveled to the US May 12, 09.

This time though, the border guards were not as understanding and limited my stay with an I-94 to one month

(until June 12, 09).

Since we were planning on getting married in the next year or so anyway, we decided we would get married

that summer and save the hassle of traveling/border crossing/a long distance relationship

We were married June 6, 2009 and I have remained in the US since then. We filed our I-130 and its accompanying

forms (biographic immigration, affidavit of support) in November.

Last week (the first week of May) we received our first "request for evidence" asking only for a copy of my husband's

birth certificate, which we mailed off immediately.

My question is:

My mother is getting married in Vancouver this July and we would REALLY like to be there. Now, the way I understand the

travel document that you can apply for, is that you can only apply for it once the I-130 process has been finalized and you

are awaiting adjustment of status.

We are very weary of traveling at this point (I don't want to not be allowed back). I understand that I am not really supposed

to be down here in the first place, however we were not intending to get married when we did and at the time I did not realize

it was such a difficult process.

If I try to travel this summer and my immigration process is not yet complete what should I expect with border guards?

Thanks in advance!

Like other memeber said you should not risk it because the CBP can give you a very hard time for crossing the border. I was detained for fours hours at the border and sent back to Canada. I know how bad it is for not being able to attend to someone special's wedding but it will be more horrible for not being able to get back to your husband until your get your visa. I'm suffering now.