Left country before GC or I130

[geowrian 22,337]

32 minutes ago, D and T said:

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?

You are free to apply for entry (via land or air). As noted above, a recently filed I-485 is going to be a very negative factor regarding immigrant intent for at least some time (year(s)), so always be prepared to be denied entry. If traveling via air, go through an airport with preclearance (https://www.cbp.gov/border-security/ports-entry/operations/preclearance) so you will know sooner rather than later.

[D and T 569]

4 minutes ago, geowrian said:

You are free to apply for entry (via land or air). As noted above, a recently filed I-485 is going to be a very negative factor regarding immigrant intent for at least some time (year(s)), so always be prepared to be denied entry. If traveling via air, go through an airport with preclearance (https://www.cbp.gov/border-security/ports-entry/operations/preclearance) so you will know sooner rather than later.

Thank you, I appreciate your help very much.

[Scandi 4,166]

8 hours 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?

The IO knows that a couple who got married after entering on a K-1 haven't had much time to gather evidence of bonafide marriage, they haven't even been married for long in many cases. So if you show up with very little evidence it most likely wouldn't be an issue.

 

We sent absolutely no evidence of a bonafide marriage with the i-485 and the IO refused to look at what I had brought with me to the interview. So yeah, not once did we have any use for any of our evidence during my AOS process.

 

Not that any of that matters now, you have to start all over again. But with a spousal visa this time.

 

Btw, you keep saying that you can't prove you're really married.. so you mean you don't even have the marriage certificate you got when you got married? That's the only proof that you're married. Proving a bonafide marriage is different from proving that you're married.

[D and T 569]

 

 

 

20 minutes ago, Scandi said:

The IO knows that a couple who got married after entering on a K-1 haven't had much time to gather evidence of bonafide marriage, they haven't even been married for long in many cases. So if you show up with very little evidence it most likely wouldn't be an issue.

 

We sent absolutely no evidence of a bonafide marriage with the i-485 and the IO refused to look at what I had brought with me to the interview. So yeah, not once did we have any use for any of our evidence during my AOS process.

 

Not that any of that matters now, you have to start all over again. But with a spousal visa this time.

 

Btw, you keep saying that you can't prove you're really married.. so you mean you don't even have the marriage certificate you got when you got married? That's the only proof that you're married. Proving a bonafide marriage is different from proving that you're married.

I thought I listed the marriage certificate somewhere as proof that we DO have. That's what I meant.

 

What I was trying to say is that I wasn't sure we could prove the marriage is bona fide, since somehow I had the idea that some kind of social proof is or might be necessary. especially if you don't have much other proof. Like, statements from friends, or proofs that people in  your life know you're married. We have literally no one, no one at all.

 

I know we're legally married, it's just the bona fide thing I got stuck on somehow. The media reports about the immigration may have played a part, the huge delay we experienced due to increased scrutiny and all of that. Also, I thought I read posts in here about  people giving a long list of stuff they brought, invitations or congratulations and photos etc. We have nothing like that except a FB post. I should have double checked before I left but I thought I knew.  In addition, I haven't been well or sleeping much. Under a lot of stress and upset.

 

I think I have enough information now. I need to let it all sink in and understand the consequences. I may not return to the thread for a while now.

 

Thank you to everyone who kindly responded.

Edited October 5, 2018 by D and T

[Orangesapples 1,954]

6 hours ago, D and T said:

. 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.

 

What? Who told you they want witnesses? I was literally never asked about any witnesses, that's for sure. And I assume it's not a secret that you're married, so that's good enough. USCIS doesn't care about your ceremony and who attended - sooo many people just get married at the courthouse. It's a non issue. An issue could potentially arise if no one in your family and social circle knows you're married but since you announced it on Facebook, that's certainly not the case here. 

 

And you don't need to send any relationship evidence with the i-485 after a K1 visa. We only sent our marriage certificate, they even lost it, and it wasn't a problem (they found it eventually but we gave them another copy). Also, you got married in June - it's normal and expected that you won't have that much proof yet. You would have had a very easy interview most probably, you said you have joint bank accounts and joint insurance, as well as bills and pictures. That's really good for such a short amount of time. 

Edited October 5, 2018 by Orangesapples

[TM92 527]

9 hours ago, D and T said:

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

I agree with the other users, USCIS knows that newlyweds usually don't have much evidence. In fact, that is the reason for Removal of Conditions (ROC) for GCs approved before the 2 year wedding anniversary. And most ROCs are approved.

Edited October 5, 2018 by TM92

[TNJ17 1,329]

Yeah you’re sh@t outta luck. I don’t understand how people don’t just take a minute to think about the consequences before taking such extreme measures. But now you’re stuck with having to apply for a spousal visa which will take 14-16 months maybe longer. You can try to visit but chances are they won’t let you passed the border because they’ll see you’re married and will think you’re trying to cheat the system. He’s gonna have to visit you. And apply ASAP or your wait is even longer. Also, your worries about not having enough evidence are without merit. Every newlywed couple has very little evidence. And USCIS doesn’t care about Facebook. 

[SunflowerSweet 1,321]

Yeah I don’t think we submitted a single shred of “evidence” with our I-485, save the marriage certificate and other required items, and we weren’t even asked for an interview. We had also gone the K-1 route. They may be a little more thorough now, but absolutely no need for witnesses and such especially from a low fraud county like Canada.

 

I know that’s not really helpful at this point in the game, and that hindsight is 20/20. I do hope you are able to think on this and move forward with what would make you both happiest. Thankfully Canada is somewhere relatively easy for your husband to visit!

Edited October 5, 2018 by MorganandMichael

[TBoneTX 45,284]

2 hours ago, D and T said:

I think I have enough information now. I need to let it all sink in and understand the consequences. I may not return to the thread for a while now.

 

Thank you to everyone who kindly responded.

Probably no need for anyone else to contribute, now.

[Boiler 45,486]

Should be no issue with your Husband visiting you.

[ms.bluemargarita 13]

I am so sorry for what is happening to you, I hope it will be better soon.

 

I agree with some, it would impact your I-485 if in case you will have interview. Your husband should visit you and talk it all out and make a decision for your peace of mind, and his. If you would want to visit, I would recommend you talk to a USCIS agent tier 2 or Supervisor to make sure you wont have any problem.  

[geowrian 22,337]

1 hour ago, Ms.Claustrophobic said:

If you would want to visit, I would recommend you talk to a USCIS agent tier 2 or Supervisor to make sure you wont have any problem.  

USCIS has no say here. CBP determines who can enter the country.

[ms.bluemargarita 13]

18 minutes ago, geowrian said:

USCIS has no say here. CBP determines who can enter the country.

It did happen to me, and I did ask for a tier 2.

[geowrian 22,337]

1 minute ago, Ms.Claustrophobic said:

It did happen to me, and I did ask for a tier 2.

OK. They still have no say in the process.

[ms.bluemargarita 13]

6 minutes ago, geowrian said:

OK. They still have no say in the process.

The important thing is that they guided me through. So basically, they helped me.