Need help of my situation! Any help would do

[CalJ 1]

Hello there!

I am new on Visa Journey when it comes to..probably my situation, but I have got a lot of tips and advices here in the past, which is very successful. I am not sure where to go, so any information will be helpful. so please bear with me. Thank you in advance

 

I am a US citizen and petitioned my wife through K-1 Fiance visa. We got married in Vegas and have 2 daughters. My wife is a permanent resident of Canada when I petitioned her. When she moved with me in Vegas, she received her conditional Permanent Residence card (I-551). after 2 years, we applied for her I-751, Removal of Conditions in her Permanent Residence. We got Biometrics and scheduled her interview. After giving birth to our 2nd child, her depression got worse and the only way to help her is to be with her family which is in Canada. So, she moved back to Canada in 2018, and been there since, with our 2 daughters, both US Citizens. thinking that I will still be able to make her come back in the US in a sooner time, I decided to re-schedule the interview to remove the conditions of her permanent residence, until I decided to quit work and go to Canada to support her, but this pandemic happened and been here also since late 2019. Now my wife is ready to come back in the US, but the problem is the I-751 we filed is now I assume considered abandoned. We have family in Chicago that will help us start again our life in the US and its just a few hours flight domestically to where my parents live (Las Vegas). Here's now my question:

 

1. Will there by any chance that my wife will re-instate her Green Card? can we continue the process of removing her conditions where left off?

2. Will be better if she flies back with a tourist visa (which she will file in Canada), and fight for our chance at getting her Green card back?

3. Is it better if I file a new petition as Alien relative (I-130, not re-petition as K-1) and can we do that Inland? 

4. what other options we can do and what is the quickest we can do among those steps? 

 

Im hoping that you can help me at some way. trying to have my family back in the US as soon as I can. Thank you

[Boiler 45,980]

Competent legal advice obviously.

 

Tourist visa is for visiting and seems she want to immigrate?

 

The logical route would be to file an I 407 to abandon her GC and then refile prior to immigrating.

 

I know Canada is strict on medical coverage, did she not have to be Canadian resident to get treatment?

 

Not sure what Covid has to do this as I am pretty sure that has not stopped residents returning.

[CalJ 1]

I was thinking of using tourist visa and refile inland. is that the only way that she will need to abandon her GC and refile? she receives better treatment here plus more family support. but now she's ready to move forward and she's getting better. because she was given GC when we got married. were just about to be interviewed for removal of her conditions when all this things happened

 

[Boiler 45,980]

Sounds like she did take up residence in Canada.

 

So she seeks entry as a Tourist, they will ask the purpose of her visit and how long she intends staying, what does she say?

[CalJ 1]

She actually did. and now she wants to return to live. We put that on the table that when we are about to return (we are all US Citizens except for my wife), she will accompany us and do the necessary papers for her to stay. will that be an idea of some sort or am I wasting my time and just do refiling?

 

[SusieQQQ 11,587]

27 minutes ago, CalJ said:

I was thinking of using tourist visa and refile inland. is that the only way that she will need to abandon her GC and refile? she receives better treatment here plus more family support. but now she's ready to move forward and she's getting better. because she was given GC when we got married. were just about to be interviewed for removal of her conditions when all this things happened

 

She can’t use a tourist visa to intend to immigrate. 
 

Do I understand correctly that she has been out the US for about 3 years? And you have been with her in Canada since late 2019?
 

Edited March 14, 2021 by SusieQQQ

[CalJ 1]

yes she's been in Canada for about 3 years now. I have been with her since late 2019. I intend to come back, just got stopped because of the pandemic, which I believe its safe to return now (for me and my kids at least)

 

Edited March 14, 2021 by CalJ
typo error

[SusieQQQ 11,587]

Just now, CalJ said:

yes she's been in the US for about 3 years now. I have been with her since late 2019. I intend to come back, just got stopped because of the pandemic, which I believe its safe to return now (for me and my kids at least)

 

My asking of those questions was (1) to confirm that she will have effectively abandoned the conditional green card by now and (2) that there is no question about your marriage bona fides (as there might have been had you stayed in the US all the while). I don’t personally see an option other than re-petitioning her under a i130. The good news is that will now be an IR1 visa so you won’t have to deal with removal of conditions this time round. The bad news is it’s likely to take another year or more. Is it feasible for you to continue to stay with her most of the time in Canada to await this? You would probably have to return to the US a little while before her interview to re-establish domicile in the US as required.

If I were you I’d have a chat to a lawyer just to see if there are any other options, but I personally don’t see any.

 

by the way: Even if she already has a tourist visa (I assume not as she had a K1 before) the chances of being allowed in with a USC spouse and children and previously demonstrated immigrant intent are just about zero. 

[CalJ 1]

she actually had a K1 before, thats where we all started actually. just our intent to go back in the US which is always on our plate, and for our future

 

[Boiler 45,980]

5 minutes ago, CalJ said:

she actually had a K1 before, that's where we all started actually. just our intent to go back in the US which is always on our plate, and for our future

 

The K1 is dead, single use visa.

[SusieQQQ 11,587]

6 minutes ago, CalJ said:

she actually had a K1 before, thats where we all started actually. just our intent to go back in the US which is always on our plate, and for our future

 

yes, my assumption was that even if she had had a B visa prior to that it would have been cancelled when she got the K1.

[CalJ 1]

So Basically, the only option I have on the table is I-130? and file I-129F for K-3 so that we can get her back in the US?

[Boiler 45,980]

I think there were 4 K3's issued last year, time difference is minimal.

[CalJ 1]

Because if I am going to file an I-130, I would like to have my wife beside me and be in the US. so I believe that's K3? that they're allowing the spouse to enter the US while waiting for the immigration to be approved? please correct me if needed. I'd like to have my options and start process asap

 

Edited March 14, 2021 by CalJ

[Boiler 45,980]

Most K3's are administratively closed when the I 130 is approved.

 

A handful are issued every year.