Please help. Refused back into USA where my wife and baby boy are!

[Boiler 45,837]

He entered on the VWP.

Stayed 90 days.

Left and sought entry the same day or the following day.

He must have his passport and I can not imagine leaving without a wallet and a credit card.

His only option now is to go home and his wife to apply for a CR1. Wife or somebody else needs to go and collect the car.

[sachinky 465]

Return to the UK and file for the CR-1. Will take about 8-12 months.

[pushbrk 13,027]

If he can visit a UK/british embassy in canada they may be able to help him get back to the UK. Your car however would be stuck in canada..

Somebody can pick up the car in Canada. A lot of the confusion in this thread was caused by referring to a petition as a visa. The foreign spouse was denied entry because of immigrant intent and will need to make arrangements to remain abroad until he has a CR1 visa. This will entail withdrawing the I-129F petition and starting over, following the CR1/IR1 guide.

[Darnell 8,479]

He entered on the VWP.

Stayed 90 days.

Left and sought entry the same day or the following day.

He must have his passport and I can not imagine leaving without a wallet and a credit card.

His only option now is to go home and his wife to apply for a CR1. Wife or somebody else needs to go and collect the car.

Yup Yup. Agree.

Scratching my wee heid, trying to figure out the dates and what's what -

The Disparity of Dates (married on 28 oct, 'visa' approved on 4 November )

leads me to believe that there was NOT any Consular Interview -

and

it's only the I-129F PETITION that was approved, not the actual VISA .

Visa Approvals are done at the USEmbassy/London IV unit.

Petition Approval Notices come in via postal mail, an I-797-C formletter.

---

Going forward - whoops - sorry...

you had a small chance to adjust status whilst in the USA, can't say it'd be useful or not -

but

since he's not in USA any longer (and stuck in Canada) I strongly suggest that the TWO of you glom together,

and file the I-130 petition nowish . Have the husband stay with the friend in Missaugua for a few months, until he has enough monies to get back to UK, somehow the car is returned (via another friend with a valid USA Passport and drivers license), and whilst waiting, the two of you WORK REALLY HARD on getting the I-130 petition completed, that relationship evidence DOCUMENTED prior to sending off.

Once the 'complete' I-130 petition has been sent off, have the UK Spouse return to UK, get back to work, makes lots of money, downsize his life and holdings there (move to a bedsit, sell off the big $$$ items), prep for the big jump to the USA AFTER

successfully completing a VISA INTERVIEW at the IV Unit of the US Embassy in London.

Be prepared to 'wait' after filing, up to 10 months.

It is possible to ask for expedite on the initial filing, though - can prove up hardship on the USCitizen Spouse and also prove up some case that it's in the USCIS 'best interest' to grant the expedite. My handy-dandy 'expedite template' is over at http://www.visajourney.com/forums/topic/255138-k3-k4-visa-converted-to-cr-1-by-national-visa-center/page__p__3918125#entry3918125 - you can tailor it to yer specific needs.

Good Luck ! Sorry for the muck up ! Missaugua Sucks !! (or travel to it, really)

GoGoGadget RecoverYourHusbandSoonish !

[ShariandShad 0]

Yup Yup. Agree.

Scratching my wee heid, trying to figure out the dates and what's what -

The Disparity of Dates (married on 28 oct, 'visa' approved on 4 November )

leads me to believe that there was NOT any Consular Interview -

and

it's only the I-129F PETITION that was approved, not the actual VISA .

Visa Approvals are done at the USEmbassy/London IV unit.

Petition Approval Notices come in via postal mail, an I-797-C formletter.

---

Going forward - whoops - sorry...

you had a small chance to adjust status whilst in the USA, can't say it'd be useful or not -

but

since he's not in USA any longer (and stuck in Canada) I strongly suggest that the TWO of you glom together,

and file the I-130 petition nowish . Have the husband stay with the friend in Missaugua for a few months, until he has enough monies to get back to UK, somehow the car is returned (via another friend with a valid USA Passport and drivers license), and whilst waiting, the two of you WORK REALLY HARD on getting the I-130 petition completed, that relationship evidence DOCUMENTED prior to sending off.

Once the 'complete' I-130 petition has been sent off, have the UK Spouse return to UK, get back to work, makes lots of money, downsize his life and holdings there (move to a bedsit, sell off the big $$$ items), prep for the big jump to the USA AFTER

successfully completing a VISA INTERVIEW at the IV Unit of the US Embassy in London.

Be prepared to 'wait' after filing, up to 10 months.

It is possible to ask for expedite on the initial filing, though - can prove up hardship on the USCitizen Spouse and also prove up some case that it's in the USCIS 'best interest' to grant the expedite. My handy-dandy 'expedite template' is over at http://www.visajourney.com/forums/topic/255138-k3-k4-visa-converted-to-cr-1-by-national-visa-center/page__p__3918125#entry3918125 - you can tailor it to yer specific needs.

Good Luck ! Sorry for the muck up ! Missaugua Sucks !! (or travel to it, really)

GoGoGadget RecoverYourHusbandSoonish !

Okay first of all the VISA was approved on the 4th, the part ur not reading is....we called USCIS, they told us we could get married, so we did...I HAD NO IDEA OUR VISA WAS APPROVED UNTIL SHAD LOOKED IT UP ON THE 5th...HE WAS ALREADY in canada by then...the USCIS told us he had to leave the country once his 90 days were up, bc of the visa waiver program and then he could come back in, we did set anything up or tried to do some thing wrong...I had my son in May...I have a 12 year old and a 9 year old...when I found out i was pregnant it was a huge shock...I was scared, I told him I didnt want to see him anymore...so he went back to the UK...after the shock we talked and worked on things...he was working there so he could support his son because he knew I was scared of being a single parent again...so in August we had enough money saved for him to come over...he came over to help w his son so I could finish School...I graduated at the beginning of oct...I had the baby blues so bad, I told him I wanted to get married...thats why we called the USCIS...we were told we would just lose the 455...not one thing ever about how they would keep him from coming back home...Im thankful for all the replies...

[sorchaine 10]

It sounds like the PETITION was approved, not the visa as you mention looking it up and only paying the $455. If it was the visa he would have had to pay the visa fee at the consulate, had an interview, a medical done, etc. The $455 you mention is only the beginning.

[sea-monkey 13]

Did he have an interview in UK? Medicals done?

[amykathleen2005 441]

What part of fiance visa is difficult to understand? It is for a fiance, why would you have to apply for it if you could just get married even though it wasn't approved yet? I agree that USCIS could have been more specific, but common sense tells you that what you were told did not make sense. I don't know why people make all these thoughtless mistakes and then expect everything to be fixed around them.

The simple facts are you applied for a fiance visa, you got married before you were approved thereby voiding the visa, you entered and then exited the US on VWP without adjusting status meaning you now have no status in the US and no valid visas to use.

File for CR-1 and hopefully your family will be together in a few months.

Edited November 7, 2010 by amykathleen2005

[Darnell 8,479]

Okay first of all the VISA was approved on the 4th, the part ur not reading is....we called USCIS, they told us we could get married, so we did...I HAD NO IDEA OUR VISA WAS APPROVED UNTIL SHAD LOOKED IT UP ON THE 5th...HE WAS ALREADY in canada by then...the USCIS told us he had to leave the country once his 90 days were up, bc of the visa waiver program and then he could come back in, we did set anything up or tried to do some thing wrong...I had my son in May...I have a 12 year old and a 9 year old...when I found out i was pregnant it was a huge shock...I was scared, I told him I didnt want to see him anymore...so he went back to the UK...after the shock we talked and worked on things...he was working there so he could support his son because he knew I was scared of being a single parent again...so in August we had enough money saved for him to come over...he came over to help w his son so I could finish School...I graduated at the beginning of oct...I had the baby blues so bad, I told him I wanted to get married...thats why we called the USCIS...we were told we would just lose the 455...not one thing ever about how they would keep him from coming back home...Im thankful for all the replies...

Words are important - let me dissect a bit ? (I promise, you can curse me and swear at me, later)

Without a Consular Interview at the US Embassy in London, at the IV unit, your husband has no K-1 VISA.

The I-129F petition was approved on 4 November - this approval ALLOWS him to APPLY for a VISA in the UK (he files more paperwork, not you; he pays more fees, not you; he goes in for a medical exam, not you; he gets scheduled for an interview, not you) .

There's not any visa paperwork filed, as of yet. Sure, the petition was filed, and the petition was approved - no argument there.

If you'd like a visual - wei !

http://www.visajourney.com/content/k1flow

I claim you are at step 4.

You claim you finished step 13 on 4 NOV 2010.

------

For Now - the Validity of any K-1 Visa - by definition - you two not qualify any more - as yer married. Unmarried ppl are issued a K-1 visa, come to USA, get married, then file the AOS package.

'This' no longer applies to you.

His presence in USA has nothing to do with any I-129F petition.

His marriage to you in USA invalidates any future K-1 VISA, so now that you have the approval on the I-129F, he is ineligible for file for the K-1 visa, as the two of you are married.

Sorry.

If/when there's any 'non-emotional' period for you two, these next 48 hours -

REREAD what I wrote in my prior post - put pencil to paper, and map out yer plan of attack.

Then do yer plan.

Good Luck !

(OK - now if you want to scream at my, have some emotionally-filled blow-back at me - go ahead, I'll ignore it for now, as I totally understand the emotional state that yer in)

Edited November 7, 2010 by Darnell

[ShariandShad 0]

Words are important - let me dissect a bit ? (I promise, you can curse me and swear at me, later)

Without a Consular Interview at the US Embassy in London, at the IV unit, your husband has no K-1 VISA.

The I-129F petition was approved on 4 November - this approval ALLOWS him to APPLY for a VISA in the UK (he files more paperwork, not you; he pays more fees, not you; he goes in for a medical exam, not you; he gets scheduled for an interview, not you) .

There's not any visa paperwork filed, as of yet. Sure, the petition was filed, and the petition was approved - no argument there.

If you'd like a visual - wei !

http://www.visajourney.com/content/k1flow

I claim you are at step 4.

You claim you finished step 13 on 4 NOV 2010.

------

For Now - the Validity of any K-1 Visa - by definition - you two not qualify any more - as yer married. Unmarried ppl are issued a K-1 visa, come to USA, get married, then file the AOS package.

'This' no longer applies to you.

His presence in USA has nothing to do with any I-129F petition.

His marriage to you in USA invalidates any future K-1 VISA, so now that you have the approval on the I-129F, he is ineligible for file for the K-1 visa, as the two of you are married.

Sorry.

If/when there's any 'non-emotional' period for you two, these next 48 hours -

REREAD what I wrote in my prior post - put pencil to paper, and map out yer plan of attack.

Then do yer plan.

Good Luck !

(OK - now if you want to scream at my, have some emotionally-filled blow-back at me - go ahead, I'll ignore it for now, as I totally understand the emotional state that yer in)

I'm sorry for sounding rude...I'm just scared..It's the USCIS that I'm upset with..It's not fair at all.. I'm a US citizen and I have the right to marry who ever I want...It should'nt be about money or rules..If I had married some red neck here in Missouri..I wouldn't be dealing with this silly stuff..LOL..Thank you so very much for all your help...you've been wonderful

[amykathleen2005 441]

You have the right to marry whomever you wish whenever you wish but they do not have the right to immigrate here without approval.

I agree that this process could be simpler and that it is very difficult to be without the person you love when you see other people getting married and being together all around you while all this is processing. I hope that something works out for you. This is not a hard process but you have to know the rules and what steps to take. It sounds like you did not do much research which is what has gotten you into trouble. Before you take any steps read the guides on Visa Journey to figure out the best process for you.

[thelastpetitioner 218]

i just wanna know who handled this mess?

if you applied for a k-1 visa,you must have seen the words fiance visa somewhere on the paperwork,your husband is no longer a fiance when you get married.there is no way to my knowledge that it is possible for a k-1 to be issued without an interview,so you dont have a visa,you have a petition approved.

if you handled all this yourself,you should have known that the rule no1 is you NEVER trust what USCIS operators say,you dig for yourself and find the information you need.

if you had a lawyer,then again he or she should have informed you.

never the less,the solution is simple,CR-1.

[Boiler 45,837]

Just a thought but it is much quicker to move to the UK.

[sachinky 465]

Yikes! You've now learnt the hard way, why we call USCIS 1800 the misinformation line.

Although technically, USCIS was right. You could have gotten married when you did (and yes, you would've lost the $455 and voided the fiance petition) -- AND THEN -- this is the part the USCIS drone should've elaborated on -- file for ADJUSTMENT OF STATUS. And your husband should not have left the country before receiving his Advance Parole to travel abroad.

Your PETITION (129f) was approved. Not the K-1 visa. Anyway, all that is water under the bridge right now.

Right now, your husband has NO STATUS with which to enter the US and the CBP was correct in denying him entry.

When you're dealing with the US government and especially important matters such as immigration and your life, it is best to check, double-check and research multiple sources. So my thoughts to you now is -- read and re-read the guides on how to file for a CR-1 and ask us if you have any questions/doubts.

[sachinky 465]

All the best!