What do I do?! I am stuck.

[cnfsd 0]

Hello All!

I have been looking through several sites trying to obtain information on my situation. Hopefully somebody here can help me.

-Married in Nov 2005.

-My wife entered legally on a B1/B2 visa and valid I-94 to the US.

-Submitted I-130 petition and was approved in Feb 2006.

-Began to live together in July 2006.

-Submitted I-485 and Affidavit of Support in July 2006.

-Wife was scheduled and attended biometrics appt. Aug 2006

The following is were we totally screwed up! We made a stupid mistake that now we realize how dumb it was. We had no idea that her B1/B2 visa and I-94 permit were no longer valid. On Aug 27, 2006 we went into Mexico for a few hours. On our way back, when we presented ourselves for admission, my wife showed her visa and I-94. They immediately asked us if we were living together and of course we said yes. I even told the Immig Officer that we had a petition approved and AOS submitted. They immediately detained my wife and processed her for "withdrawal". From what the Imm Officer said, this is the lowest form of removal and that it does not affect her process. She was not allowed back into the US and is now living in Mexico with my 1 yr. old US Citizen daughter.

The following Monday I went to the CIS office in Phoenix and told them of my situation. They informed me that all documentation submitted with the exception of the I-130 was nullified and that I pretty much had to start from there. They asked me to check with the National Visa Center to see if they still had my paperwork and if they did to request that they hold on to them since I was now going to need Embassy processing. I did just that, and the lady informed me that they still had all my paperwork and that she had made a note in the computer. I also requested that they send me the I-864 (Affidavit of Support) and DS-3032 (Choice of Agent) to me again, so that I can get the process rolling again. The lady informed me that they would be on their way. I checked with the NVC today, and they are now telling me that "Immigration requested we send them all paperwork to them". I asked them what that meant, and they say they don't know, that they only handle paperwork.

And now I am stuck. I really don't know what I need to do, or what I can do. I scheduled an INFO PASS appt for Monday to speak to an Imm Officer, but I am going to go crazy all weekend until then. I was suggested by other people to apply for a K-3 visa, and I believe that's what I will be doing tomorrow. I am driving to CIS office to pick up application for that. What else can I do?

I also have several questions that I guess I should throw all at one time.

**Will the denied entry to the US on Aug 27 affect my spouse when we go to interview?

As I mentioned earlier, we had no idea that her Visa and I-94 were not valid anymore. We were even under the impression that she still needed to maintain the I-94 valid and re-newed it again in May 2006. We did not go into Mexico at that time since we parked in the US and walked into the Imm Office, but I am afraid that the gov't might think that we had to go into Mexico to re-new I-94 which would have made her an Inadmissable Alien from May until August.

**Am I thinking too much into this???

**Wife needs to re-new her Mexican Passport, should she re-new with her maiden name, or should she re-new to married name?

**I understand that a criminal history will be needed from my wife from all the places in Mexico where she has lived, should we start obtaining them now, or should we wait? And do they need to be translated to English?

I realize that I am throwing quite a bit here, but I am seriously desperate and concerned for my wife and daughter living in Mexico. I appreciate and are grateful for all advise and information given to me. Thanks!!!

[Dr_LHA 3]

Wow, sorry to hear that, but unfortunately one of the big rules about filing for AOS is that unless you're on a very specific type of "dual intent" visa (which a B2 isn't), you can't travel without Advance Parole.

Unfortunately I doubt there is much you can do about it other than file for the K-3 visa.

There may be other ways, for which I would strongly recommend consulting an attorney to find out if there are any other options.

Good luck.

[Yodrak 7]

cnfsd,

Most VJers are probably tired of reading my posts saying that a consultation with an immigration attorney is a worthwhile investment whether or not they intend to do it on their own. Many people seem to take things step-by-step, picking up their info along the way, and sometimes picking it up too late after the damage has been done.

I can't help you now, except to say good luck and best wishes for a speedy resolution, and do consult with an immigration attorney to see what other pitfalls may be waiting for you and your wife given your particular circumstances.

Yodrak

Hello All!

I have been looking through several sites trying to obtain information on my situation. Hopefully somebody here can help me.

-Married in Nov 2005.

-My wife entered legally on a B1/B2 visa and valid I-94 to the US.

-Submitted I-130 petition and was approved in Feb 2006.

-Began to live together in July 2006.

-Submitted I-485 and Affidavit of Support in July 2006.

-Wife was scheduled and attended biometrics appt. Aug 2006

The following is were we totally screwed up! We made a stupid mistake that now we realize how dumb it was. We had no idea that her B1/B2 visa and I-94 permit were no longer valid. On Aug 27, 2006 we went into Mexico for a few hours. On our way back, when we presented ourselves for admission, my wife showed her visa and I-94. They immediately asked us if we were living together and of course we said yes. I even told the Immig Officer that we had a petition approved and AOS submitted. They immediately detained my wife and processed her for "withdrawal". From what the Imm Officer said, this is the lowest form of removal and that it does not affect her process. She was not allowed back into the US and is now living in Mexico with my 1 yr. old US Citizen daughter.

The following Monday I went to the CIS office in Phoenix and told them of my situation. They informed me that all documentation submitted with the exception of the I-130 was nullified and that I pretty much had to start from there. They asked me to check with the National Visa Center to see if they still had my paperwork and if they did to request that they hold on to them since I was now going to need Embassy processing. I did just that, and the lady informed me that they still had all my paperwork and that she had made a note in the computer. I also requested that they send me the I-864 (Affidavit of Support) and DS-3032 (Choice of Agent) to me again, so that I can get the process rolling again. The lady informed me that they would be on their way. I checked with the NVC today, and they are now telling me that "Immigration requested we send them all paperwork to them". I asked them what that meant, and they say they don't know, that they only handle paperwork.

And now I am stuck. I really don't know what I need to do, or what I can do. I scheduled an INFO PASS appt for Monday to speak to an Imm Officer, but I am going to go crazy all weekend until then. I was suggested by other people to apply for a K-3 visa, and I believe that's what I will be doing tomorrow. I am driving to CIS office to pick up application for that. What else can I do?

I also have several questions that I guess I should throw all at one time.

**Will the denied entry to the US on Aug 27 affect my spouse when we go to interview?

As I mentioned earlier, we had no idea that her Visa and I-94 were not valid anymore. We were even under the impression that she still needed to maintain the I-94 valid and re-newed it again in May 2006. We did not go into Mexico at that time since we parked in the US and walked into the Imm Office, but I am afraid that the gov't might think that we had to go into Mexico to re-new I-94 which would have made her an Inadmissable Alien from May until August.

**Am I thinking too much into this???

**Wife needs to re-new her Mexican Passport, should she re-new with her maiden name, or should she re-new to married name?

**I understand that a criminal history will be needed from my wife from all the places in Mexico where she has lived, should we start obtaining them now, or should we wait? And do they need to be translated to English?

I realize that I am throwing quite a bit here, but I am seriously desperate and concerned for my wife and daughter living in Mexico. I appreciate and are grateful for all advise and information given to me. Thanks!!!

[motu 6]

I agree with Yodrak: seek a local immigration attorney at once - many will grant a 30 minute initial consultation for free or a nominal amount (less than $100.) Speak to one first before you hire him/her. Your situation is not one that's generally the one that people on VJ deal with. Good Luck