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

[Gemmie 142]

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

Just to clarify, in case you're still confused about that... USCIS said you could get married - this is true. They said he would then have to leave the US once his 90 days were up - true. Because as you know the VWP is only for people to visit for 90 days and then you must leave the country.

The mistake is when you and your husband misinterpreted that to mean that he could leave (for Canada) and then simply re-enter. Many people are turned away when doing this as this is seen as intent to live in the US. The fact that he was married and going back in to live with you, without any status or paperwork, looks fishy. I don't mean to sound rude, but you should always do your research. You were not approved for a visa, you had a petition approved. And even if he WERE approved a visa, that was after he married you, and it would be useless anyway.

[pushbrk 13,027]

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.

No fiance visa has been applied for. Only a petition was filed, that when approved would allow the foreign fiance to apply for a visa abroad. Since there is no fiance (now a spouse) the petition approval is null and void. They start over by filing a petition, not applying for a visa. Applying for the visa comes AFTER the petition is approved.

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.

No visa was ever applied for. A petition was filed. I'm a broken record today.

[Krikit 1,165]

Moving from K-3 Process to Effects of Major Changes.

[TracyTN 237]

You knew you were on the path towards a FIANCE visa, so why did you think getting married before the petition was approved (or visa was applied for) was the way to go?

Either way, now you've got to fix the problem you've created. A CR1 is your best option.

Edited November 9, 2010 by TracyTN

[Justine+David 218]

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

Actually, it should be about money and rules because you are bringing in someone outside of the US. If you don't have enough money to support him, why should I, as a US taxpayer support him on welfare? He has a medical exam to protect other US citizens from communicable diseases like tuberculosis. The idea is he won't be a burden on the USA. The red-neck in Missouri received the lucky lottery in life by being born an American where welfare programs do exist. Although most Europeans might argue that point

You're in the best place right now for getting straight-forward answers to your questions. Start by clicking on the "Guides" at the top banner of this page and on CR1 visa. Once he gets it, he will be allowed to work and travel internationally as soon as he arrives in the US.

Congratulations on the birth of your baby! I'm sorry your husband isn't here to help you out.

[ShariandShad 0]

Umm first off, I'm a US TAX PAYER AS WELL and have been since I was 16 years old and could pay tax...I can support my husband and family as well, but I'm sure you realize w the economy the way it is....You need both parents to support a child this day and age...He isnt a burdon on the US, he was working in the UK and was supporting our son while he was there, he worked 18 hour days at times just to make sure we would be okay....I one do not believe in the welfare programs...for myself..not saying that people who need it shouldnt have it...I have always worked and supported myself and my children..even as a single parent...so when you refer to a RED NECK...its not my son...I'm sure God doesnt look at it that away..I no longer want anymore replies to our message, we were scared and confused when we posted it, I've been in contact with Immigration Lawyers, I think some of you...not all...like being mean and making people feel stupid....Thank you for the congratulations on our son...shari

[villaspurs 65]

Umm first off, I'm a US TAX PAYER AS WELL and have been since I was 16 years old and could pay tax...I can support my husband and family as well, but I'm sure you realize w the economy the way it is....You need both parents to support a child this day and age...He isnt a burdon on the US, he was working in the UK and was supporting our son while he was there, he worked 18 hour days at times just to make sure we would be okay....I one do not believe in the welfare programs...for myself..not saying that people who need it shouldnt have it...I have always worked and supported myself and my children..even as a single parent...so when you refer to a RED NECK...its not my son...I'm sure God doesnt look at it that away..I no longer want anymore replies to our message, we were scared and confused when we posted it, I've been in contact with Immigration Lawyers, I think some of you...not all...like being mean and making people feel stupid....Thank you for the congratulations on our son...shari

Just to clarify for the PP, I believe the "red neck" comment was not referring to your son, but to your earlier comment that you could marry some red neck in MO and it's your right to marry whomever you want. I know you are upset with the content of this thread, but I didn't want you to go away thinking people were calling your son names (which, if I read your comment correctly, it seems like you might think that).

Shari and Shad, it really does suck that you've found yourself in this situation--the visa process can be confusing, and (as many on here can attest) the USCIS information line is neither useful nor accurate most of the time. I'm glad you've contacted an attorney; hopefully you can move through the remainder of this process as smoothly as possible.

[Brad and Vika 129]

Topic closed at the request of OP