VisaJourney.com > Former applications considered "rescission"?

yasdnilelis

Jul 24 2007, 07:37 PM

Hi there!

My husband (USC) is filing the I-130 for me (Canadian) in Calgary next week. I am on question 16 of the form that asks if the relative (me!) has ever been under immigration proceedings.

My mother and father moved us to the US in 1995 under my father's H1-B visa. They then filed the I-485 app for permanent residency that was pending FOREVER...in 2001 my mother, now divorced, returned to Canada with me and therefore abandoned her application.

In 2001/2002 my then-boyfriend and I (now married, haha) filed for a K-1 fiancee visa and were contacted by the consulate in Montreal telling us that while our interview was about to be scheduled, I was not technically "out of status" in the US yet and could go back, marry and file the I-485 to adjust status then. (I know, really long and involved, sorry!) I DID move back (thus abandoning the K-1 application) and marry but we decided to move to Canada before I was to file the I-485.

WHEW. My question is whether or not either of the above situations are considered, "rescission"?

Thanks in advance -- we wanna get this application through this Friday so we don't have to pay the new fee!!

)

Lindsay

*Len*

Jul 24 2007, 09:42 PM

QUOTE(yasdnilelis @ Jul 24 2007, 06:37 PM)

Hi there!

My husband (USC) is filing the I-130 for me (Canadian) in Calgary next week. I am on question 16 of the form that asks if the relative (me!) has ever been under immigration proceedings.

My mother and father moved us to the US in 1995 under my father's H1-B visa. They then filed the I-485 app for permanent residency that was pending FOREVER...in 2001 my mother, now divorced, returned to Canada with me and therefore abandoned her application.

In 2001/2002 my then-boyfriend and I (now married, haha) filed for a K-1 fiancee visa and were contacted by the consulate in Montreal telling us that while our interview was about to be scheduled, I was not technically "out of status" in the US yet and could go back, marry and file the I-485 to adjust status then. (I know, really long and involved, sorry!) I DID move back (thus abandoning the K-1 application) and marry but we decided to move to Canada before I was to file the I-485.

WHEW. My question is whether or not either of the above situations are considered, "rescission"?

Thanks in advance -- we wanna get this application through this Friday so we don't have to pay the new fee!!

)

Lindsay

Lindsay,

If you have never been deported or overstayed, it should not be a problem. Best bet: phone MTL tomorrow and ask them directly.

Greetzzz from Edmonton, L.

OH! And you BOTH have to appear in the Calgary consulate, not just your USC hubby!
Roadtrrrrrrrrrrrrrrrip!!!

yasdnilelis

Jul 25 2007, 09:32 PM

Hey! I will be going with him, of course.

) We're also registering our daughter's "birth abroad" -- she's 4 months old.

So I should mark YES then?? I've never been deported or overstayed, to my knowledge, no.

Thanks again...YAY EDMONTON! (Even though we're both lookin' to leave!)

ha!

*Len*

Jul 26 2007, 10:20 AM

QUOTE(yasdnilelis @ Jul 25 2007, 08:32 PM)

Hey! I will be going with him, of course.

) We're also registering our daughter's "birth abroad" -- she's 4 months old.

So I should mark YES then?? I've never been deported or overstayed, to my knowledge, no.

Thanks again...YAY EDMONTON! (Even though we're both lookin' to leave!)

ha!

Again, you're better off calling either Calgary or Montreal for precise info. I would hate to tell you something and turn out to be the wrong advise. there's a bunch of Edmontonians on VJ!!! We just shipped one of my faves (Stacey33) to New Orleans!!!

Peace, L.