Leaving the US and my spouse before the GC

[CécileMai 8]

Hi everyone!

 

In the past I applied for a K1 visa, moved to NYC to marry my husband. Unfortunately it didn’t work at all. The relationship was abusive so I decided to “escape” and I moved back to Montreal (June 2018). At this time I was waiting for the interview for the Green Card - so I didn’t get it. 

A US lawyer advised me that it would be better to wait for the interview and the GC to avoid being banned for 10 years, but I could not, I was such in a bad place. 

When I moved back to Canada, I sent a letter to USCIS explaining that I was stopping the process, getting separated and that I was now living in Canada. 

They answered me that I had to leave the US immediately (sic) but nothing about a bar. 

So my question is “how do I know if I have a 10 years bar?” I followed all the rules and never overstayed, always communicated with them. 

And I live an hour drive from the US, I would like to go there in the future for weekends or conferences for my job. 

I don’t want to file a waiver if there is no need for that.

 

thank you, VJ community, for your help! You’ve been so helpful in the past !

 

Cecile

Edited April 30, 2019 by CécileMai

[SusieQQQ 11,586]

If you never overstayed, there is no bar. You had a lawyer who gave bad advice. 

[USS_Voyager 1,972]

There shouldn't be a bar. You left while your I-485 was pending, right? So you never overstayed.

[payxibka 10,045]

Just now, USS_Voyager said:

There shouldn't be a bar. You left while your I-485 was pending, right? So you never overstayed.

But the i485 never completed,  the accrued overstay is forgiven upon approval of the i485.  the issue is what happens to the accrued overstay because it didn't 

[USS_Voyager 1,972]

4 minutes ago, payxibka said:

But the i485 never completed,  the accrued overstay is forgiven upon approval of the i485.  the issue is what happens to the accrued overstay because it didn't 

My understanding has always been the filing of the I-485 stop the accrual of overstay, if any. She needs to provide a timeline of when she entered on K-1, when the I-485 was filed and when she left. But she probably is ok.

[CécileMai 8]

Thank you for your answers! 

I have a timeline on my profile but I can’t see it on my phone...

 

Here it is: 

27th March 2018 : entering the us with k1

17th June 2018 : wedding 

then, I received the EAD and advanced parole. 

18th June 2019: moving back to Canada 

 

What my lawyer seemed to say is that because I was leaving the country after 1 year in the US and before my AOS, I would get the bar. I would have left before the 27th March 2019 and I wouldn’t have got the 10 year bar, “only” a 3 year bar.

 

The thing is that I never even received a mail, paper or notification of this bar. And I don’t want to try my luck at the border when I plan to travel there... 

I of course tried to call USCIS and CBP in Montréal but it was useless: they don’t know (and don’t care).

It’s à little bit irrational if I get the bar, knowing that I always respected the rules, and I leave “next door”. 

I have an appointment with a Canadian lawyer tomorrow for my divorce I will ask her but she’s not an immigration lawyer so...

 

Cecile 

 

[Loren Y 2,755]

The important part of your timeline is when you actually filed the AOS package. You got married on June 17, so as long as you filed before June 25th roughly, you wouldn't accure overstay. If you remember the date on your I94, and you filed AOS before the date your I94 expired, you didn't get any overstay. Overstay doesn't start until your I94 expiration date.

[CécileMai 8]

4 minutes ago, Loren Y said:

The important part of your timeline is when you actually filed the AOS package. You got married on June 17, so as long as you filed before June 25th roughly, you wouldn't accure overstay. If you remember the date on your I94, and you filed AOS before the date your I94 expired, you didn't get any overstay. Overstay doesn't start until your I94 expiration date.

Yes i filed for AOS in end of June, I had a RFE because I submitted a copy of my birth certificate instead of the original. Overall, i’ve followed the rules and the schedule. I’m at work so I can’t check the exact dates but I will!

 

[SalishSea 17,847]

49 minutes ago, CécileMai said:

18th June 2019: moving back to Canada 

So you haven't moved back yet?

[CécileMai 8]

1 hour ago, Jorgedig said:

So you haven't moved back yet?

I don’t want to move back to the US, just to travel in the future. I moved to Montréal in June 2019, my life (apartment, job, friends) is here now.

[SalishSea 17,847]

Just now, CécileMai said:

I don’t want to move back to the US, just to travel in the future. I moved to Montréal in June 2019, my life (apartment, job, friends) is here now.

June 2019 has not happened yet.

[Ontarkie 14,234]

~~Moved to the Canada forum, from K1 P&P~~

[CécileMai 8]

1 hour ago, Jorgedig said:

June 2019 has not happened yet.

Oh yes... sorry... I’m at work... I made mistakes in my dates : 

timeline Corrected: 

27th March 2017 : entering the us with k1

17th June 2017: wedding 

June 2017: filing for aos

then I received EAD and AP

18th June 2018: moving back to Canada 

 

i’m so Sorry guys for this mistake 😓

[NikLR 13,227]

You do not have a bar.  You filed before your I-94 expired and did not accrue illegal presence during the time they adjudicated your AOS.

 

Be safe.  Best wishes.