Denied entry to the US

[Dashinka 24,729]

4 hours ago, Fijianladi said:

Because the lawyer had advised me that if you wait 2 years after marriage to apply it will be a easier process and instead of getting a temporary green card you'd get a permanent one. August would be 2 years of marriage for us. 

I am confused by the lawyer's advice and your August intentions.  If you are using a lawyer and the plan was to move to the US permanently in August 2018, the lawyer should have known that the file would need to be submitted 12-14 months ahead of that (i.e. should have filed in May/June 2017).  As to the lawyer's advice to wait and file so you get a 10 year GC and avoid the ROC, sure people do this, and it does save some money and the headache of putting the ROC package together, but is it worth being apart for an extra year or so?

 

Good Luck!

[jle2234 68]

If not for yourself, then I really hope you heed everyone's advice and pursue legal immigration for the sake of your son. It would be a shame to end up with a long-term or permanent ban and end up unable to visit or immigrate to the U.S. for the duration of your son's childhood.

 

Like others, I question your lawyer's advice regarding CR-1 vs. IR-1 visas. ROC sounds like a headache, but surely not more of a headache than raising a child while living in a separate country from your spouse. I assume this is a bona fide relationship and you intend to be together long-term; as such, having a CR-1 visa for a few years shouldn't be that big of a deal.

[NovaSprings 89]

6 hours ago, Fijianladi said:

Because the lawyer had advised me that if you wait 2 years after marriage to apply it will be a easier process and instead of getting a temporary green card you'd get a permanent one. August would be 2 years of marriage for us. 

As others have mentioned, your lawyer has given you bad advise.  You may want to check to ensure he is a lawyer with a specialty in US Immigration...not just a general lawyer.  The measure of receiving a CR1 or IR1 visa is the amount of time you have been married at the time your activate your approved visa not how long you have been married at the time you make the application.  (ie at the time your cross the board with your visa you have to be married 2+ years).  You also have 6 months from the time you receive your visa to activate it.  So say you receive your visa and you have been married 22 months, you can wait an additional 2 months (plus a few days to make sure) to cross, you will then received a IR1.   With the way that timelines have going, as long as you have been married 4ish months before you apply, you could time it so you would activate after your 2 yr anniversary.  If you receive a RFE (request for Evidence) anytime during the 14 month process this could slow your application down and add more time. 

[acidrain 325]

10 hours ago, Boiler said:

That is a tax resident thing rather than Immigration.

On the DS 260 it asks for previous trips and during the interview they calculate time spent in the US. If you go through past Montreal interviews the people who spent a total of 6 of the last 12 months in the US were told they were "towing the line". If the petition is filed abroad immigration is specific they don't want a person living in the US during the process. If she is not immigrating but spending 75% of her time living with her husband in the US you need a proper visa for that. I'm not sure if her lawyer was trying to steer her down the AOS (adjustment of status) route but at this point it's not an option. Unfortunately she was not given proper guidance and now will have difficulty crossing the border. Trust me I know what that's all about along with raising a young child without your spouse for over a year.

[Italian_in_NYC 259]

I suggest you sue that lawyer right away if you relied on his advice, that (bad) advice.

I totally sympathize with you and your situation (having a 1-year old and your husband in another country is not easy), but getting a conditional green card is no big deal. Yes, you have to apply to remove conditions after 2 years, but it's (usually) a painless process which allows you to keep living in the US with your family and travel wherever you want in the world and freely.

[Boiler 45,934]

1 hour ago, acidrain said:

On the DS 260 it asks for previous trips and during the interview they calculate time spent in the US. If you go through past Montreal interviews the people who spent a total of 6 of the last 12 months in the US were told they were "towing the line". If the petition is filed abroad immigration is specific they don't want a person living in the US during the process. If she is not immigrating but spending 75% of her time living with her husband in the US you need a proper visa for that. I'm not sure if her lawyer was trying to steer her down the AOS (adjustment of status) route but at this point it's not an option. Unfortunately she was not given proper guidance and now will have difficulty crossing the border. Trust me I know what that's all about along with raising a young child without your spouse for over a year.

You can not live in the us as a visitor, you are visiting.

 

There is no legal limit on how long you can visit, certainly situations where people are admitted for 1 year or extend successfully their 6 months on a B2.

[Eric & Idalia 56]

13 hours ago, acidrain said:

My spouse, young son and I tried to enter the US with a U-Haul and I was denied entry. I was told to complete the immigration process in Canada. 

 

Are you aware you cannot spend more than 6 months out of 12 in the US? Your biggest hurdle could be the amount of time you've accumulated. You need to spend as much time outside the US as you have spent inside. Which is why customs probably told you to stay away for the next 6 months.

 

Your US citizen spouse will have to sponsor you while you wait in Canada. As others mentioned your child can visit the US. The border has always told me my son is welcome to the US anytime despite the fact we had to apply for IR2. Does your child have a US passport or birth abroad certificate?

 

So far the process has taken me a year to complete. I set up shop in Canada and waited about five months after our fiasco to cross the border. I signed up for a couple courses, put my son into daycare, signed a lease, etc. The first time I went to visit my spouse customs was very intense. They allowed me to visit but I only stayed for about 12 days the first visit. Showing you are completing the process legally is crucial if you want to be allowed entry into the US.

 

I would not delay filing for the i130 to start the process.

 

A quick question: is your son the son of your US citizen husband? If so, check this info. It may be useful: https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

 

[Andrea&Henry 311]

3 hours ago, NovaSprings said:

As others have mentioned, your lawyer has given you bad advise.  You may want to check to ensure he is a lawyer with a specialty in US Immigration...not just a general lawyer.  The measure of receiving a CR1 or IR1 visa is the amount of time you have been married at the time your activate your approved visa not how long you have been married at the time you make the application.  (ie at the time your cross the board with your visa you have to be married 2+ years).  You also have 6 months from the time you receive your visa to activate it.  So say you receive your visa and you have been married 22 months, you can wait an additional 2 months (plus a few days to make sure) to cross, you will then received a IR1.   With the way that timelines have going, as long as you have been married 4ish months before you apply, you could time it so you would activate after your 2 yr anniversary.  If you receive a RFE (request for Evidence) anytime during the 14 month process this could slow your application down and add more time. 

 

The lawyer gave you one of the stupidest “advices” I have ever read. Not your fault because you didn’t know better and that’s why you seek professional help, but seriously...you should fire him.

 

you do get 2 years green card and the you have to remove conditions. But the process is easy, specially for the ROC, is just a form and proof of ongoing relationship with the same us spouse. 

 

Not to mention you would be doing this but at least you get to live with your husband and your family.

 

If you would’ve applied back then, you would be in the States already. And I don’t know if your lawyer mentioned you this but, if your plan is also becoming an US citizen, the 3 years clock starts as soon as you received the conditional green card, not with the 10 years. Now that your marriage is over 2 years, you will get the 10 y green card and only when you receive it, you can start the countdown. So for example: you applied for the CR1 in February 2016 (example) and move to the states in december 2016 and received the gc in december 2016 as well, you could have applied for the citizenship as early as october 2019. 

Now in real life, if you apply for your visa you will probably get it next year and you wont be able to apply for citizenship until sometime 2022

[acidrain 325]

1 minute ago, Eric & Idalia said:

 

A quick question: is your son the son of your US citizen husband? If so, check this info. It may be useful: https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

 

Yes my son is the bio child of a USC. However, my spouse has not lived the 2 years as an adult to meet the requirements to claim my son's citizenship. So we had to do IR2 which will turn into citizenship upon POE.

[Londonergirl 133]

1 hour ago, Italian_in_NYC said:

I suggest you sue that lawyer right away if you relied on his advice, that (bad) advice.

I totally sympathize with you and your situation (having a 1-year old and your husband in another country is not easy), but getting a conditional green card is no big deal. Yes, you have to apply to remove conditions after 2 years, but it's (usually) a painless process which allows you to keep living in the US with your family and travel wherever you want in the world and freely.

Sue a lawyer for giving bad advice...? Are you serious?

[Italian_in_NYC 259]

11 minutes ago, Londonergirl said:

Sue a lawyer for giving bad advice...? Are you serious?

I'm dead serious.

It's called malpractice and it definitely caused damage (emotional for sure and probably monetary as well).

[Boiler 45,934]

If she can afford the legal fees and find a Lawyer who will sue why not?

[Londonergirl 133]

6 minutes ago, Boiler said:

If she can afford the legal fees and find a Lawyer who will sue why not?

What is she going to sue the lawyer for? On what terms? 

[SusieQQQ 11,587]

4 hours ago, jle2234 said:

Like others, I question your lawyer's advice regarding CR-1 vs. IR-1 visas. ROC sounds like a headache, but surely not more of a headache than raising a child while living in a separate country from your spouse. 

Except that judging by what they’ve been doing they clearly didn’t think they would actually be living apart - and they haven’t been really, till the recent entry denial. One wonders if this was also on the lawyer’s advice...

[Boiler 45,934]

If she can afford the legal fees and find a Lawyer who will sue why not?