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Movin on New Life

help I130 visa processing with pending Canadian refugee

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Filed: IR-1/CR-1 Visa Country: Egypt
Timeline

My husband NEVER stayed past his visitor visas in the US. We went

to Canada for a week (yes, we were married before entering Canada) and returning home his current visa wld expire the next day and border said his visa was voided because we were now

married. Said he couldnt return and I had to file I130 back in the US.. (Even though before

leaving to canada I was told we could file the I130 when we returned as

long as it was before his us visa expired, obvisiously wrong info)

Later while in Canada he applied for refugee status, waiting the hearing. I have since been

told that in the US I130 visa application package it says he cannot have

his visa interview in canada us consulate unless he has been accepted

as refugee. which wld mean he wld have to go back to egypt and wait

if he were denied refugee status right? he has with him now from

canada a document titled "Refugee Protection Claimant" valid til Oct

2010. I am totally confused.. if he cannot have his visa interview

at canada's us consulate, then canada's egypt consulate or have to

go back to egypt??? HELP

Also found out 6 months later that I could have filed the I129F (even though my 5 hour drive to Vt, they told me no to filing th I129F just file the I130) had I filed the I129F my husband could have been here waiting his I130 interview instead of Canada. ugh

I can provide the words on the page in the package if need be

ANY help would be greatly appreciated!

09/2005 submitted I130, 08/09/2006 completed medical,case left NVC to Montreal Embassy July 7, 2006
06/07/2006 NVC CASE COMPLETE! (278 days from I130 submitted to NVC case complete)
August 2006 Interview at Montreal Embassy, need to submit I601 & I212 waiver.July 2007 submitted waivers to Montreal Embassy who forwarded to Vermont Service Center
October 2007 rec'd receipt and notification or waiver processing from VSC, April 2008 rec'd RFE for I601 July 2008 submitted RFE, and rec'd receipt, advised written decision within 60 days
October 24, 2008 sent written request for case status to VSC, May 2009 after written request for status update recd letter "being processed"
July2009 requested Senator inquiry again.. response "with officer, required extra processing" if no response check back 6 months!
Dec 09 requested senator inquiry again, Jan 8 2010 requested more than "general inquiry" senator Jan 11, 2010 Senator requested supervisor
Jan 12, VSC told senator's office we wld recd notice in mail 7 - 10 days Jan 20, 2010 I601 DENIED.... letter dated Jan 14, 2010
April 2010, granted 290b approval to send to Appeal for review

October 2011 Appeal denied due to fraud, now dumped by husband, now with Canadian Arabic woman from Tunisa for Canada residence.. processing Immigration with her now

thru Canada

July2013 He ws deported back to Egypt almost a year ago due to out of status for almost 2 years

movin on to a new life
Felicia

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How would filing an I-129F avoid the fact that he will still have to have an interview? And since he can not interview in Canada without legal status, he can not obtain a K-3 visa while in Canada.

What help are you seeking with this post? There is just about a zero chance your husband will be able to enter the US on a visitor or business visa. The POE officer is correct. Once he married you, the visa that he applied for as an unmarried person is voided. He needs to reapply for a new tourist visa as a married person. And he has a zero chance of getting that tourist visa now that he is married since he has demonstrated intent to immigrate on a tourist visa.

If he can remain legal in Canada, then he should stay there. Otherwise he should go back to a country where he is legal. The US consulates in Canada will not issue a visa to someone without legal status in Canada.

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