Left country before GC or I130

[D and T 569]

I think I did a dumb thing.

 

My husband and I were married in June and have been having adjustment issues like so many do. But after a bad fight, I packed up and left the country. We had an appointment for the GC interview next Friday the 12th. 

 

I was worried about being deported due to lack of evidence of bona fide marriage anyway, namely, we have no friends or witnesses to testify that we got married or that we are having a real marriage...which we are, or were, we were just having problems. I'm sure USCIS doesn't care about that, rather, they just care that it's a real marriage.

 

But without proof beyond a joint bank account, the marriage certificate, some joint bills in my name and one Facebook post where I showed some pictures and received some congrats...that's it. We got nothing else, no proof of witnesses which they expressly ask for.

 

So I was worried that they would just say it wasn't good enough since most people at least have two friends who can say they're really married, or one family members. We have literally no one, it was just us two at the quickie marriage place. I mean, we're older, this wasn't the first marriage for either of us so we didn't care about having a big party or ceremony. We just wanted to be together.

 

Anyhow I was afraid they'd just deport me due to lack of evidence and then, I would be permanently banned from the country after that.  I mean, I don't know,  I'm not thinking straight. Things have been so difficult!

 

I do love my husband, always did, and certainly don't care about getting a green card just to live in the US. Never cared about that, only cared about being with him.

 

After months of uncertainty and back-and-forth,  I cracked like an egg I guess. I panicked and came back to Canada. I cried all the way back pretty much. My husband is very upset as well.

 

Oh cr4p this sucks. So what now? What if we wanted to get back together? Are we screwed?

 

 

[little immigrant 801]

Sounds like your husband needs to petition you for a spousal visa. 

 

By the way they wouldn't have just deported you. If they needed more evidence they would have asked for it already. 

[Just Paul 4,595]

Sorry to hear that.  Unfortunately you will need to start the process over.

[Ontarkie 14,226]

~~Moved to Effects of Major Family Changes, from K1 P&P ~~

 

Did you have advance parole when you left? 

[Lucky2Lucky 2,526]

Did you have advanced parole? If not then your spouse has to petition for you on a cr1. You won’t be let back in.

[D and T 569]

No I did not have Advance Parole. They went straight to the interview for the green card without advance parole.

 

1 hour ago, little immigrant said:

Sounds like your husband needs to petition you for a spousal visa. 

 

By the way they wouldn't have just deported you. If they needed more evidence they would have asked for it already.  

What? How do you know they would ask?  The paperwork says to bring all this evidence.

 

So if we're to get back together, it's another years wait?

 

Would I be allowed to visit?

[D and T 569]

Thank you everyone for your responses.

 

I'm sorry forgot to ask whether I should phone the USCIS office and talk to them? At least to cancel or withdraw the application for PR. Seems like a better thing to do than just not show up.

 

Also, what do we say to apply for the spousal visa, if we do that? Just tell them we split up and then decided not to go through with the divorce?

 

 

[little immigrant 801]

1 hour ago, D and T said:

No I did not have Advance Parole. They went straight to the interview for the green card without advance parole.

 

What? How do you know they would ask?  The paperwork says to bring all this evidence.

 

So if we're to get back together, it's another years wait?

 

Would I be allowed to visit?

Because you already sent some evidence with the I-485.

 

Yes a little over a year I believe. 

 

I don't know about visiting. 

 

1 hour ago, D and T said:

Thank you everyone for your responses.

 

I'm sorry forgot to ask whether I should phone the USCIS office and talk to them? At least to cancel or withdraw the application for PR. Seems like a better thing to do than just not show up.

 

Also, what do we say to apply for the spousal visa, if we do that? Just tell them we split up and then decided not to go through with the divorce?

 

 

Well what is your current relationship status? Are you guys talking about getting back together? 

 

I would let them know that you need to cancel your I-485. I wouldn't go into much detail why.

 

I'm not sure if a new I-130 needs to be filed by your spouse or if they can transfer the existing one to your consulate. Hopefully someone more knowledgeable will chime in.

Edited October 4, 2018 by little immigrant

[D and T 569]

23 minutes ago, little immigrant said:

Because you already sent some evidence with the I-485.

 

Yes a little over a year I believe. 

 

I don't know about visiting. 

 

Well what is your current relationship status? Are you guys talking about getting back together? 

 

I would let them know that you need to cancel your I-485. I wouldn't go into much detail why.

 

I'm not sure if a new I-130 needs to be filed by your spouse or if they can transfer the existing to your consulate. Hopefully someone more knowledgeable will chime in. 

Okay, thank you.

 

Our current relationship status is sadness mixed with shock mixed with regret. 😩

 

Are you sure there was no chance of being deported for lack of evidence? I thought they were cracking down on everyone.  I thought being deported carries large consequences for travelling to the US ever again even for a holiday, never mind getting a visa or green card.

 

 

 

 

[little immigrant 801]

Are you planning on getting back together? After all you are married. It's not like a relationship where you can just break up. 

 

Yes im sure about the evidence. I feel like you are very anxious and the media coverage about immigration doesn't help. Don't pay attention to it. It'll just drive you nuts. 

 

Reconcile with your husband and go the spousal route. 

 

@geowrian @Hypnos @Roel @pushbrk tagging you knowledgeable people to find out if the I-130 has to be filed again? Or can the current one be transferred? 

 

[D and T 569]

3 minutes ago, little immigrant said:

Are you planning on getting back together? After all you are married. It's not like a relationship where you can just break up. 

 

Yes im sure about the evidence. I feel like you are very anxious and the media coverage about immigration doesn't help. Don't pay attention to it. It'll just drive you nuts. 

 

Reconcile with your husband and go the spousal route. 

 

@geowrian @Hypnos @Roel @pushbrk tagging you knowledgeable people to find out if the I-130 has to be filed again? Or can the current one be transferred? 

 

Yes, we are married, that's right. We could get back together but we're still in shock. Devastated and in shock. I haven't been thinking straight for a long time actually, due to stress and so on. I feel like I was stupid and hasty. Yes I'm very anxious about immigration.  We hardly had any evidence to send with the application. Didn't even send photos since we thought we'd be asked at the interview. All we sent was the marriage certificate and an insurance card. That's it. There's no way that's enough, it's stated all over the net that they want witnesses because normal people aren't hermits like us.

 

Since we have so little proof I thought there was a real danger of deportation due to the adjustment difficulties and the lack of evidence.  I thought I would face extreme consequences.   I feel like such a fool! I'm devastated. I hope other people read this and think things through better.

[Umka36 781]

Most newly married folks don't have much in regards to evidence. I was able to add my wife to my medical/life insurance, bank account, car insurance (not as driver), and credit card. You provide them what you can, and during the interview if they request more then you deal with it then. It's the ROC stage of the process that needs more evidence.

 

OP as your ship has already said due to your hasty decision on leaving the US without the AP, your husband will need to file for CR1 now (IR1 if married 2 years or more). You can still visit, but it may be harder to get through but you won't know until you try.

[Hypnos 6,576]

1 hour ago, little immigrant said:

find out if the I-130 has to be filed again? Or can the current one be transferred?

No I-130 has yet been filed. OP entered on a K-1 and filed an I-485 to pursue AoS based on that K-1 admission, so there is no I-130 to resurrect.

 

OP, you abandoned your I-485 when you departed the country before it was adjudicated and without Advance Parole. So that is dead.

If you reconcile in the future, your husband can petition you for a CR-1. Expect that to take ~14 months until it was approved. You may or may not be granted entry to visit during that time, given your history.

[pushbrk 12,893]

13 minutes ago, Hypnos said:

No I-130 has yet been filed. OP entered on a K-1 and filed an I-485 to pursue AoS based on that K-1 admission, so there is no I-130 to resurrect.

 

OP, you abandoned your I-485 when you departed the country before it was adjudicated and without Advance Parole. So that is dead.

If you reconcile in the future, your husband can petition you for a CR-1. Expect that to take ~14 months until it was approved. You may or may not be granted entry to visit during that time, given your history.

The above is correct.  I do not expect you will be granted entry to visit.  It is on record an I-485 was filed and that you left the US without Advance Parole while it was being processed.

[D and T 569]

Thank you all for your sober advice. I had all this backwards apparently and yes being panicked just cost us everything.

 

Any idea then about whether I will have problems travelling to the US now, even just for a holiday? Will there be a secondary inspection? Will I have to show ties to Canada or just be denied entry?