k3/ir1 advice

[wannagohome 0]

i have dropped the ball so bad, i can be stabbed and i wont bleed.

moved to US in 04 on k3, waited my time and went to my final interview for green card. even got recommended for approval.

but NOONE ever told me about i-131.

so i left the country without it and now i'm stuck in canada, away from my 5mth old baby.

everyone tells me to redo k3 but i've read that if i-130 is approved, which mine is, i'm inelligible for k3 and have to do IR1.

i just wannagohome! the quickest way. cost is not an issue, time is.

i hate the thought that next time i see my daughter, she'll be walking or talking and i've missed it cuz i'm stupid.

i need advice as to what is the quickest way to get back, legally of course cuz i have thought of running the border!

[aussiewench 9]

Sorry I am not quite clear on your post. Are you out of status with the K-3? You say you had an interview for green card???? Where does that stand?

[wannagohome 0]

Sorry I am not quite clear on your post. Are you out of status with the K-3? You say you had an interview for green card???? Where does that stand?

almost at the end of the line.

i had k3, entered the US, filed 1-485 and came within 45 days of approval.

then i left the US but without advance parole.

i've been livin in US for past 2 yrs, have a house, car, job and life there. now i'm in toronto and dont even know how to get to the corner store.

[Mr&Mrs2859 0]

Isn't the K3 a multiple entry visa? And if you have gone thru your IR1 interview you should have the stamp in your passport for entry into the US anyway.

[JamesT 12]

I know this is a bit off topic, but I've always been a bit curious about this..... Doesn't the United States and Canada have open borders so citizens of either country can go back and forth pretty much as they please?

I mean I'm a USC, and I've been on a couple overnight trips to Toronto and Montreal. I didn't even need a passport to cross the border - just showed them my NY driver's license at the border control booth (both when entering and leaving.) Of course the last time was more then 5 years ago, so I'm sure it's possible the rules have changed. I just always assumed it was the same for Canadian citizens coming to visit the United States.

Sorry for my ignorance on the subject, but I was just wondering!

[wannagohome 0]

I know this is a bit off topic, but I've always been a bit curious about this..... Doesn't the United States and Canada have open borders so citizens of either country can go back and forth pretty much as they please?

I mean I'm a USC, and I've been on a couple overnight trips to Toronto and Montreal. I didn't even need a passport to cross the border - just showed them my NY driver's license at the border control booth (both when entering and leaving.) Of course the last time was more then 5 years ago, so I'm sure it's possible the rules have changed. I just always assumed it was the same for Canadian citizens coming to visit the United States.

Sorry for my ignorance on the subject, but I was just wondering!

if married to a USC, canucks need visa.

i never did IR1. i did the K3, moved to US, did i-485 and while it was processing, K3 expired.

had EAD to stay in US while green card was being approved. did my final GC interview but didnt wait for the approval and left the US, which means i abandoned my case and had to start over again.

i need to know with an approved I-130 can i still get a K3?

is K3 faster then IR1 or vice versa?

[aussiewench 9]

Isn't the K3 a multiple entry visa?

Yes it is but........

From FAQ

14.5)...Will I need to apply for Advance Parole in order to leave and then reenter the United States?

A..Not as a K3/K4. You will need Advance Parole to reenter the United States at any time after your status as K3/K4 has ended, but before obtaining Permanent Residency.

14.8)...My status as K3 is about to expire, and I am still waiting approval of AOS. Is there anything I can do to keep my status?

A..Yes, you can apply for an extension of status with the USCIS (INS). This will enable you to leave the United States and return without needing Advance Parole. It is probably a good idea to extend the K3/K4 status if you plan on being outside the country.

As with renewal of EADs, your application for extension of status as K3/K4 will not be approved if you have never applied for Adjustment of Status, unless you show that your initial I-130 petition is still awaiting approval, or, if the I-130 was approved, that you have applied for an immigrant visa at a U.S. Consulate.

[Cygnet 0]

[quote name='wannagohome' date='Apr 3 2006

i need to know with an approved I-130 can i still get a K3?

is K3 faster then IR1 or vice versa?

Hi,

I don't know if this helps but I've read this in an immigration book (NOLO):

"... if the I-130 petition is approved before your interview, you're no longer eligible for a K-3 visa, and will have to go through the entire immigrant visa application process."

The book I got the quote from is two years old and is NOT published by the government.

I'm actually waiting to see if this is true as my I-130 was approved last February (haven't heard from our K3 application yet).

If your I-130 is already approved, you may still be looking at a few months. Check out my timeline.

Good luck,

K

[wannagohome 0]

hey

finally met with the lawyers and got a final answer.

as suspected, i did shoot myself in the foot with a big huge shotgun.

kinda feel like beavis...

K3 was expired when i left US, i was waiting for GC to come but by leaving, i walked out on that too. so it will be rejected once they see i tried to reenter US.

because i 130 is approved, i cant get K3 but because i was so far ahead into it, i filled out i 824, moved everything out of DHS and into state dept and NVC.

i have one route and it is IR1.

few weeks here, few weeks there, after i have my file passed around the horn like a cheap $%#@, i will get an interview for IR1 and will then enter the US with a GC.

in the meanwhile, no baby, no wife, no life... but i've been told 3-6 mths.

i guess i can catch up with NHL again, maybe even see the Jays in town, but no entering US until i get IR1 or risk being banned for up to 10 yrs.

for the love of god, once u make it to US, don't leave. if u need to see any1, fly them to US. DO NOT LEAVE THE US, until after naturalization or u'll feel as stupid as me.

thanx every1 for yall's help but now i must go bang my head againt the wall.

[meddykomp 0]

hey

finally met with the lawyers and got a final answer.

as suspected, i did shoot myself in the foot with a big huge shotgun.

kinda feel like beavis...

K3 was expired when i left US, i was waiting for GC to come but by leaving, i walked out on that too. so it will be rejected once they see i tried to reenter US.

because i 130 is approved, i cant get K3 but because i was so far ahead into it, i filled out i 824, moved everything out of DHS and into state dept and NVC.

i have one route and it is IR1.

few weeks here, few weeks there, after i have my file passed around the horn like a cheap $%#@, i will get an interview for IR1 and will then enter the US with a GC.

in the meanwhile, no baby, no wife, no life... but i've been told 3-6 mths.

i guess i can catch up with NHL again, maybe even see the Jays in town, but no entering US until i get IR1 or risk being banned for up to 10 yrs.

for the love of god, once u make it to US, don't leave. if u need to see any1, fly them to US. DO NOT LEAVE THE US, until after naturalization or u'll feel as stupid as me.

thanx every1 for yall's help but now i must go bang my head againt the wall.

I am sorry that you are stuck away from your family. Is there any chance that they can visit you? Hope they get this resolved for you quickly.

Angel

[aussiewench 9]

oh jeez I am sorry. I had hoped there may of been something.......perhaps wishful thinking on my part, for you. Go have a read of the Jame's Shortcuts, the link is in my signature. This will save you some time at NVC.

Wishing you all the best

Lorelle

[Marilyn. 340]

hey

finally met with the lawyers and got a final answer.

as suspected, i did shoot myself in the foot with a big huge shotgun.

kinda feel like beavis...

K3 was expired when i left US, i was waiting for GC to come but by leaving, i walked out on that too. so it will be rejected once they see i tried to reenter US.

because i 130 is approved, i cant get K3 but because i was so far ahead into it, i filled out i 824, moved everything out of DHS and into state dept and NVC.

i have one route and it is IR1.

few weeks here, few weeks there, after i have my file passed around the horn like a cheap $%#@, i will get an interview for IR1 and will then enter the US with a GC.

in the meanwhile, no baby, no wife, no life... but i've been told 3-6 mths.

i guess i can catch up with NHL again, maybe even see the Jays in town, but no entering US until i get IR1 or risk being banned for up to 10 yrs.

for the love of god, once u make it to US, don't leave. if u need to see any1, fly them to US. DO NOT LEAVE THE US, until after naturalization or u'll feel as stupid as me.

thanx every1 for yall's help but now i must go bang my head againt the wall.

I just wanted to comment on this statement... I know in your case you had a bad experience with this but you can leave the US and reenter if you have a AP, Green card or the appropriate stamp in your passport...

I am really sorry about your situation and hope you can get it worked out

[Vali 0]

I don't know if this would apply to your case, but I know of somebody who was stuck out of the country because traveled only with an extention of K3 status ( k3 visa expired) thinking that would be enough to come back into the country, that didn't work........in the end I don't know exactly how, she got back into the country requesting permission to the local custom border protection......you may want to check into that