DO I NEED A WAIVER IF I GOT DENIED ENTRANCE TO US FROM CANADA

[ulechka 1]

i AM A CANADIAN CITIZEN AND MARRIED AN AMERICAN BUT WAS DENIED ENTRANCE TO US.

I FILED FOR MARRIAGE PETITION I130. DO I STILL NEED TO APPLY FOR THE WAIVER IF THEY APPROVE THE PETITION?

ALSO, IF MARRIAGE PETITION GETS APPROVED HOW LONG DOES IT NORMALLY TAKE FOR ME TO ENTER THE US AFTER IF THERE IS NO FURTHER ISSUES.

HOW LONG DOES IT NORMALLY TAKE TO GET THE INTERVIEW AFTER YOUR PETITION HAS BEEN APPROVED.

THANK YOU SO MUCH TO EVERYONE.

[canadian_wife 1,791]

Please don't type in all caps

From your other post, you have a possession charge? And illegally working in the US? Is that correct? What were the exact codes written in your passport?

From NOA-1 to interview, count on 10 - 12 months. Montreal is a slow consulate and will be about 2-3 months from NVC to interview (NVC comes after USCIS, read the guides)

The good news is, the denial of entry itself is not grounds for a waiver, unless there was misrepresentation

Good luck - a bit more info on your case wil yeild more answers

Edited March 23, 2010 by canadian_wife

[Brother Hesekiel 2,235]

i AM A CANADIAN CITIZEN AND MARRIED AN AMERICAN BUT WAS DENIED ENTRANCE TO US.

Why, EXACTLY, were you denied entry?

[Darnell 8,478]

you had:

1--mariajuana possession charge in the usa and

2--illegally working in the usa ...

I dunno, even with filing a waiver, yer gonna be having problems.

I can't even guess if the problems are insurmountable, though.

Hopefully, you mentioned these things on the G-325A .

At some point, these 'records' will be found during one or more of the namechecks processing.

[ulechka 1]

Please don't type in all caps

From your other post, you have a possession charge? And illegally working in the US? Is that correct? What were the exact codes written in your passport?

From NOA-1 to interview, count on 10 - 12 months. Montreal is a slow consulate and will be about 2-3 months from NVC to interview (NVC comes after USCIS, read the guides)

The good news is, the denial of entry itself is not grounds for a waiver, unless there was misrepresentation

Good luck - a bit more info on your case wil yeild more answers

thank you for your reply.

why are you mentioning the montreal consulate. I live in ottawa and reside in toronto currently.

is there anything you can do to speed up the process?

what about me applying for a k3 visa in the meanwhile waiting for the petition to get approved. I would like to be with my wife for all this time that im waiting for the marriage petition to get approved?

what do you think? will that speed up the process?

thank you.

[Kathryn41 3,205]

thank you for your reply.

why are you mentioning the montreal consulate. I live in ottawa and reside in toronto currently.

is there anything you can do to speed up the process?

what about me applying for a k3 visa in the meanwhile waiting for the petition to get approved. I would like to be with my wife for all this time that im waiting for the marriage petition to get approved?

what do you think? will that speed up the process?

thank you.

The US Consulate in Montreal is the only consulate in all of Canada that deals with US immigration visas. If your wife has filed the I-130 you are filing for a CR-1, not a K-3. The K-3 is being phased out, however, as it is virtually obsolete. K-3s are currently taking the same amount of time as CR-1s - and that is why they are being phased out- so filing for a K-3 will not speed up the process. The Toronto Consulate does not deal with immigration visas;. the Ottawa Embassy does not deal with immigration visas - only Montreal.

Secondly, you cannot file for a K-3 visa. Your US partner has to submit the necessary petitions in the US first and wait for their approval. Once it/they have been approved, then the process moves to the US Consulate in Montreal and then you can submit an application for the K-3 - or the CR-1 which is what is more likely.

The best way to 'speed up' the application is to pay attention to all of the details, make no mistakes in filing, and include all of the requested supporting evidence and documentation. Other than that, there is nothing you can really do.

You have mentioned in other threads that you have a criminal charge for possession of marijuana in the US and another immigration violation of working without proper authorization in the US. Unlike Canada, simple 'possession' of a banned substance is not treated lightly. Admission of drug use even without possession has led to denials of visas at US Consulates. Having the immigration violation on your record is an additional matter of concern. It is quite possible that you will be denied at the interview as inadmissible, and will need to file a waiver to remove the grounds of inadmissibility. This can be a lengthy process.

If you have been denied entry to the US from Canada, it depends on the reasons for the denial. If it is because of the possession charge and the immigration violation, then yes, you will need a waiver. If USCIS is not aware of these charges yet and you were turned back because of 'immigrant intent' - that is intending to live in the US instead of just visiting - then if you can prove your strong ties to Canada that indicate you will not be trying to live in the US without the proper visa, you may be allowed back in. You would not require a waiver in that case, but it is solely up to the border guard on duty when you present yourself at the border whether you will be allowed in or not. Technically, though, you are currently inadmissible to the US based on the Possessions charge and the immigration violation.

From the information you have presented, I strongly suspect you will require a waiver in order to be allowed into the US.

Since you are obviously very new to the immigration processes you would probably find a lot of benefit in reading over the Guides here as well as on the USCIS website: http://www.uscis.gov .

Edited March 25, 2010 by Kathryn41

[emt103c 10]

why are you posting twice? There are a ton of replies on your other post. . .check it out.. .

[ulechka 1]

The US Consulate in Montreal is the only consulate in all of Canada that deals with US immigration visas. If your wife has filed the I-130 you are filing for a CR-1, not a K-3. The K-3 is being phased out, however, as it is virtually obsolete. K-3s are currently taking the same amount of time as CR-1s - and that is why they are being phased out- so filing for a K-3 will not speed up the process. The Toronto Consulate does not deal with immigration visas;. the Ottawa Embassy does not deal with immigration visas - only Montreal.

Secondly, you cannot file for a K-3 visa. Your US partner has to submit the necessary petitions in the US first and wait for their approval. Once it/they have been approved, then the process moves to the US Consulate in Montreal and then you can submit an application for the K-3 - or the CR-1 which is what is more likely.

The best way to 'speed up' the application is to pay attention to all of the details, make no mistakes in filing, and include all of the requested supporting evidence and documentation. Other than that, there is nothing you can really do.

You have mentioned in other threads that you have a criminal charge for possession of marijuana in the US and another immigration violation of working without proper authorization in the US. Unlike Canada, simple 'possession' of a banned substance is not treated lightly. Admission of drug use even without possession has led to denials of visas at US Consulates. Having the immigration violation on your record is an additional matter of concern. It is quite possible that you will be denied at the interview as inadmissible, and will need to file a waiver to remove the grounds of inadmissibility. This can be a lengthy process.

If you have been denied entry to the US from Canada, it depends on the reasons for the denial. If it is because of the possession charge and the immigration violation, then yes, you will need a waiver. If USCIS is not aware of these charges yet and you were turned back because of 'immigrant intent' - that is intending to live in the US instead of just visiting - then if you can prove your strong ties to Canada that indicate you will not be trying to live in the US without the proper visa, you may be allowed back in. You would not require a waiver in that case, but it is solely up to the border guard on duty when you present yourself at the border whether you will be allowed in or not. Technically, though, you are currently inadmissible to the US based on the Possessions charge and the immigration violation.

From the information you have presented, I strongly suspect you will require a waiver in order to be allowed into the US.

Since you are obviously very new to the immigration processes you would probably find a lot of benefit in reading over the Guides here as well as on the USCIS website: http://www.uscis.gov .

hi kathryn,

the codes in my passport were 212 7a and 212 2a.

thanks.