Married to US Citizen, left to visit Canada but now denied re-entry to the US by CBP officer -- Help!

[Boiler 45,733]

I am sure many people do work remotely, the problem arises when it comes up, what do you do how can you be away from your work so long etc etc. 

[aaron2020 11,651]

3 minutes ago, dazedandconfused2 said:

This is what I was thinking. But it seems risky. 

I was thinking that attempting to enter would just involve going to the airport with a plane ticket, seeing what they would say. Because we did nothing illegal. We are not adjusting status currently. Anyways, seems like it might cause issues. 

No.  You did do something illegal.  You just didn't realize it was illegal.

 

By your own words, you worked in the US for your Canadian employer.  That was illegal and a violation of your entry into the US.  You just didn't realize it was illegal.

 

By your own words, you were in the US for over 100 days and left all your stuff here - you basically brought your entire life including your keys.  That's not consistent with someone taking a vacation.  That looks like someone moved to the US.  That's illegal even if you didn't know it.  

[SalishSea 17,970]

1 minute ago, Boiler said:

I am sure many people do work remotely, the problem arises when it comes up, what do you do how can you be away from your work so long etc etc. 

Plus, if he had disclosed initially at POE ("I plan to live here for six months and work"), he would not have been admitted.

Edited March 4, 2021 by Jorgedig

[aaron2020 11,651]

5 minutes ago, dazedandconfused2 said:

An immigration lawyer I just spoke to said he has a case last month where his client got in on a I-130 petition in 3 months. Seems like a one off 

Bwaaaaa!!!!!!!!!  That's barely enough time for USCIS to send it to the NVC.  

[dazedandconfused2 11]

2 minutes ago, aaron2020 said:

Follow the Guides on VJ.

 

Your wife files an I-130 to start the immigration process.  As stated earlier, it's 12-18 months for you to get an immigration visa.  Upon entry into the US with your immigration visa, you automatically get a green card.  It's not 3 months, absolutely no way.   You do not apply for a green card within the US.

 

It doesn't matter that you worked for a Canadian company.  Your visa free entry into the US does not authorize you to work from inside the US. 

Thanks for letting me know. I was not aware of 90% of this information. 

 

So we file I-130. Only difficulty is trying to prove bonafided marriage whilst I'm in a different country. Cannot open joint bank accounts, lease agreements won't work etc (we got married less than one month ago). Say I-130 gets approved by some miracle of nature... now I am in the US as a green card holder, I have two years? 

 

Then I can apply for the 10 year green card? 

[mushroomspore 3,044]

1 minute ago, aaron2020 said:

Bwaaaaa!!!!!!!!!  That's barely enough time for USCIS to send it to the NVC.  

Bet you the lawyer made that up to try to nab OP as a new client.

[SalishSea 17,970]

7 minutes ago, dazedandconfused2 said:

An immigration lawyer I just spoke to said he has a case last month where his client got in on a I-130 petition in 3 months. Seems like a one off 

A petition could potentially be approved in 3 months.  But, have you looked into the wait times for interviews at Montreal?  I believe there are people on VJ who have been waiting at least a year just for an interview.

[aaron2020 11,651]

We are trying to help you.  Everything that we have told you is the truth.  

You need to take this seriously.  The down side is deportation and a 5 years ban.

 

It will take 12-18 months for a spousal visa.  Your days of visiting the US are over.  Your wife will have to visit you in Canada.  

[mushroomspore 3,044]

Just now, dazedandconfused2 said:

Thanks for letting me know. I was not aware of 90% of this information. 

 

So we file I-130. Only difficulty is trying to prove bonafided marriage whilst I'm in a different country. Cannot open joint bank accounts, lease agreements won't work etc (we got married less than one month ago). Say I-130 gets approved by some miracle of nature... now I am in the US as a green card holder, I have two years? 

 

Then I can apply for the 10 year green card? 

Evidence of time together is proof. They also understand that newly wed couples may not have a lot of evidence. Ask your wife to add your name to insurance policies and to her bank account if she can. 

 

You get the 2-year green card if you are approved BEFORE your 2-year wedding anniversary. If this happens, then yes you will need to apply for the 10-year green card (process is called Removal of Conditions).

[SalishSea 17,970]

1 minute ago, dazedandconfused2 said:

Thanks for letting me know. I was not aware of 90% of this information. 

 

So we file I-130. Only difficulty is trying to prove bonafided marriage whilst I'm in a different country. Cannot open joint bank accounts, lease agreements won't work etc (we got married less than one month ago). Say I-130 gets approved by some miracle of nature... now I am in the US as a green card holder, I have two years? 

 

Then I can apply for the 10 year green card? 

Read the guides.  Have your wife read them.  Re-read them.

[aaron2020 11,651]

1 minute ago, dazedandconfused2 said:

Thanks for letting me know. I was not aware of 90% of this information. 

 

So we file I-130. Only difficulty is trying to prove bonafided marriage whilst I'm in a different country. Cannot open joint bank accounts, lease agreements won't work etc (we got married less than one month ago). Say I-130 gets approved by some miracle of nature... now I am in the US as a green card holder, I have two years? 

 

Then I can apply for the 10 year green card? 

Joint bank accounts, lease agreements, etc. are only a few examples of having a commingled life as husband and wife.  Your airline tickets to see each other, your correspondences, etc. are other examples of a commingled life to show a bona fide relationship.  

If you enter the US on your spousal visa before your 2nd wedding anniversary, then you get a 2 years conditional green card.  You will have to file for Removal of Conditions for a 10 years green card.

if you enter the US on your spousal visa after your 2nd wedding anniversary, then you get a 10 years green card.

[dazedandconfused2 11]

15 minutes ago, aaron2020 said:

Joint bank accounts, lease agreements, etc. are only a few examples of having a commingled life as husband and wife.  Your airline tickets to see each other, your correspondences, etc. are other examples of a commingled life to show a bona fide relationship.  

If you enter the US on your spousal visa before your 2nd wedding anniversary, then you get a 2 years conditional green card.  You will have to file for Removal of Conditions for a 10 years green card.

if you enter the US on your spousal visa after your 2nd wedding anniversary, then you get a 10 years green card.

Okay, so I just got married and can't see my spouse for almost two years maybe. Depending on the visa's etc. 

 

What if she decides to divorce me during this process? 

Do you guys recommend CR1 or I-130? And were you filing as individuals or with a lawyer? 

 

[aaron2020 11,651]

10 minutes ago, dazedandconfused2 said:

Okay, so I just got married and can't see my spouse for almost two years maybe. Depending on the visa's etc. 

 

What if she decides to divorce me during this process? 

Do you guys recommend CR1 or I-130? And were you filing as individuals or with a lawyer? 

 

You can't visit the US on a non-immigrant basis because you have immigrant intent.   No one said you can't see your spouse for almost two years.  She can visit you.  You can meet in many places.

 

If she divorces you, then you have no path to immigrate to the US.  You will still be in the system.  Getting divorced will not erase you from the system.  

 

The I-130 is the start of the immigration process.  After many steps, you get the CR-1 spousal visa.  It's not CR-1 or I-130.  It's both.  At this point, you choice are to immigrate to the US or she immigrates to Canada.  If you want to immigrate to the US, then there is ONLY ONE WAY TO DO IT.  You start with the I-130 and end up with a CR-1/IR-1 spousal visa.  

 

If you are detailed oriented, can read and follow written information, then you can do it on your own.  This is a DIY website.  Many people have done it without a lawyer.  If you don't have the time or desire to learn about US immigration and need someone to handle things for you, then get a lawyer.  This is a personal choice.

Edited March 4, 2021 by aaron2020

[Boiler 45,733]

8 minutes ago, dazedandconfused2 said:

Okay, so I just got married and can't see my spouse for almost two years maybe. Depending on the visa's etc. 

 

What if she decides to divorce me during this process? 

Do you guys recommend CR1 or I-130? And were you filing as individuals or with a lawyer? 

 

Why can she not visit you?

 

Many people on this site have to do the visiting.

[Marieke H 2,520]

4 minutes ago, dazedandconfused2 said:

Okay, so I just got married and can't see my spouse for almost two years maybe. Depending on the visa's etc. 

 

What if she decides to divorce me during this process? 

Do you guys recommend CR1 or I-130? And were you filing as individuals or with a lawyer? 

 

Again, read the guides. The I-130 is the petition that eventually would lead to a CR-1 or IR-1 visa. If you divorce before receiving the visa, you will not longer be eligible for the visa. The visa is meant for family reunification.

Your spouse can travel to you  to see you. Most people here have been separated from their loved ones for months or years during this process; it is a consequence of having an international relationship.

A lawyer can not speed things up. They will tell you which documents to provide, and you will still have to do most of the work. I normally tell people they can easily file themselves, but it looks like you could use some help figuring it all out, so maybe a lawyer would not be a bad idea in your case if you can afford one.