Please help. Refused back into USA where my wife and baby boy are!

[ShariandShad 0]

PLEASE CAN SOMEONE HELP US OR TELL US WHAT WE HAVE TO DO?

I am a UK citizen and I am married to a US citizen and we have a 5 month old baby boy.

We applied for the fiance visa route and this was approved on November 4th 2010.

We were married on October 28th 2010 and our boy was born in May 2010.

All along we have checked and rechecked with USCIS that everything we were doing was ok and legal. I have been in US visitng my wife and baby boy on the visa waiver program. I was going back to UK where i work after Thanksgiving.

I went over to Canada on November 4th via the Detroit Windsor tunnel to see a friend who lives in Mississauga. Unintentionally and coincidentally my visitor visa expired on the 4th November.

On my way back to US - via the tunnel I was stopped and told that I was being refused entry based on "intended immigration" and turned back into Canada.

I have no money, no clean clothes, no where to stay and I have the my wifes vehicle - she is at home in Missouri with the baby on her own and she doesnt know whats going on and I dont know whats going on.

We have been told to contact the US consulate in toronto -

I dont understand why I was refused entry back into US - we've done everything legally, I return back to UK - the only thing we need to do and we havent done due to the costs is changing our application - but we've been approved for the fiance visa.

The detroit CBP made me feel dirty and like an illegal immigrant - kept me waitng for 6.5 hours without a drink or anything to eat and they wouldnt even let me call my wife.

I know this sounds garbled, but I'm sleeping in our car, i dont know what to do and my wife is scared and upset at hoem with my baby son.

Can anyone help us and tell us what we need to do?? I dont have lots of money to pay for big attornies.

Please any help would be appreciated.

If you need anymore information please contact us via the site and me or Shari (my wife) will try and tell you what we know.

Please please - any information would be helpful

[gwenneh 7]

Sorry, this is a bit confusing. You say your fiance visa was approved on November 4th, 2010 but you were married on October 28th, 2010? If that is the case you were no longer a fiance and the visa no longer applied to you -- you cannot use it to enter the country.

How did you enter the U.S.(on what visa) and when?

[thelastpetitioner 218]

you haven't filed for AOS?i assume you havent filed for AP or EAD either,AP being advance parole and what you need to leave and enter the country legally.to them,you are an illegal immigrant again if you dont have your advance parole.youre gonna have to go through another course of Cr-1/K-3 im afraid.

[Anh map 2,098]

If the dates you mentioned above are accurate, you have made a big mistake by getting married prior to entering the US on the K1 fiance visa. You will now need a spouse visa to enter the US.

The K1 cannot be changed to a spouse visa. The process (and fees) would have to start again.

[Robert87 2]

let us try to sort this things out a little bit..

We applied for the fiance visa route and this was approved on November 4th 2010. We were married on October 28th 2010 and

If I am correct, you got married before you entered in the USA if those dates were accurate. Now, That is a Big NO NO for k1 visa. you should understand that what you did was actually a fradulent act. a k1 visa is a type of visa for fiancee/fiance of US citizen. if your dates are correct. you are no longer qualified for k1 as you have married your wife thereby disqualifying you for k1 visa. I am sorry mate, but my best advice is to reapply via CR1 route. it may take some times. as in like 7 to 10 months or depends on the country and consulte. but thats the only route you can go. thought k3 visa is faster as it was before but its ultimately the same with CR1 in terms of time. cr1 is process now at a speed like k3. so k3 is no longer good. besides. it will be very expensive compared to cr1.

have been in US visitng my wife and baby boy on the visa waiver program. I was going back to UK where i work after Thanksgiving.

i want to ask u mate if this visits were prior to the approval of the fiancee visa? i know the answer is seem to be obvious. I just want to know.

I went over to Canada on November 4th via the Detroit Windsor tunnel to see a friend who lives in Mississauga. Unintentionally and coincidentally my visitor visa expired on the 4th November.

regarding this , I hope you have an idea that unless you file for an advance parole, you cannot go out of the US. doing so means abandoning your immigration proceedings.this Means that from the time u got married and file AOS, you should not go outside the country unless u filed for an advance parole. this parole will give u the benefit of going out of the country legally without abandoning your petition.

I dont understand why I was refused entry back into US - we've done everything legally, I return back to UK - the only thing we need to do and we havent done due to the costs is changing our application - but we've been approved for the fiance visa.

mate, the only thing u havent done is actually the bIGGEST mistake u did. let me remind u that k1 visa is a non immigrant visa and entitles u to a single entry to the USA. you are not the first to experience this kind of adversity.

Can anyone help us and tell us what we need to do?? I dont have lots of money to pay for big attornies.

the best advice i can give you and your wife is to work on you going back to UK. then from there, you file for CR1/IR1 or K3. read on the forums about the two so u can choose which way is easier in your country.

i hope everything will be okay soon. I am so sorry for what happen to you. goodluck and godbless. please do take care...

[ShariandShad 0]

Sorry, this is a bit confusing. You say your fiance visa was approved on November 4th, 2010 but you were married on October 28th, 2010? If that is the case you were no longer a fiance and the visa no longer applied to you -- you cannot use it to enter the country.

How did you enter the U.S.(on what visa) and when?

He entered the US in august, he came over to visit his son who was born in may, He was on the visa waiver program, I called the USCIS and asked myself, if it was possible to get married if our case was in review, they told me as long as it wasnt approved then we could, so on october 28th we were married, now they are saying we only got married to keep him here, which is NOT TRUE, I was going to school and wanted to finish before we did that, now the US boarder will not let him re enter...thank you for your reply...shari-

[Robert87 2]

called the USCIS and asked myself, if it was possible to get married if our case was in review, they told me as long as it wasnt approved then we could, so on october 28th we were married, now they are saying we only got married to keep him here,

i want to say Yes and NO to this. Yes , the USCIS is right when they told u that u can get marry while your case was in review. but i wished the uscis did specify that in doing so, it will forfeits the fiancee visa.

[belinda63 3,038]

As soon as you married you killed the K-1 application as he was no longer your fiance and now will have to start all over with the CR-1. It does look suspicious that he came on the VWP while his K-1 was pending and "suddenly" married instead of waiting for the K-1 visa.

Sorry to say but anything you have done to this point is no longer any good and you will have to apply for a CR-1.

[RichiJenny 14]

Im sorry for your situation, i know, its tough, but like folk have said, your only other option is to go the CR1 route.

For a bit of 'free' legal advice - head over to here, its also a great site. Pose your question to Laurel Scott who is an excellent immigration attourney. She has a free advice chat on Wednesdays. Im sure she will say the same as what you've been told here, but it doesnt hurt to ask,

http://immigrate2us.net/forum/forumdisplay.php?24-Laurel-Scott-Chat-Logs

[Gemmie 142]

I imagine you're very confused at the moment, so I'll try and sum it up.

USCIS was correct when they told you that you could marry while he was on the VWP (as long as he didn't intend on getting married and staying in the US at the time he entered the US - doing that would be considered visa fraud). What they failed to tell you was that the K1 visa would be instantly void. (The K1 is for FIANCEE only. So once he became your husband, the K1 could no longer be used). It allows you to enter the US and marry the US citizen and then file for a green card. About them thinking you did this on purpose... since he had a visa in process, came over there, and then you two got married, it looks incredibly suspicious - and from an outside perspective, it looks like he couldn't be bothered to wait for the K1 to be completed. What he should have done was wait for his K1 visa to be processed in London before entering the US and marrying you. Then as soon as he applies for his green card and gets a travel document, he would've been free to travel to Canada and even go back to the UK and re-enter the US.

Sorry for your situation. It sounds like he needs to go back to the UK and apply for a CR-1 visa which allows him to enter the US as your spouse and he will automatically be granted a green card. Please feel free to ask more questions here, there are lots of knowledgeable people.

[Brother Hesekiel 2,236]

Sharia and Shad:

I, too, had red flags the size of Moscow popping up on my screen when reading the post the first time.

It is perfectly okay to enter the United States as part of the Visa Waiver Program, and it's also perfectly legal to get married while in the US, even if this was planed beforehand. So far, so good.

The K-1 is a single entry visa for a foreigner who is engaged to a US citizen. It expires the moment the foreigner sets foot on US soil. Its requirement is to get married to the petitioning spouse in the US, within 90 days.

When you, Chad, left for Canada, you did this without a valid visa that would allow you to return to the US. The K-1 was expired and invalid in any case as you are not a fiance anymore, but the immediate relative of a US citizen.

When seeking entry to the US on your way back from Canada, you theoretically could have used the VWP. However, and that's what I believe has happened, the CB Officer assumed immigration intend, based on the fact that you are indeed the immediate relative of a US citizen and the father of another US citizen, both of which live in the US.

Theoretically, had they allowed you to enter, you could have filed for Adjustment of Status from within the US, meaning you would have never had to leave for the Kingdom again.

But, they didn't let you enter, and they won't let you enter as a tourist anymore. You also won't get any other non-immigrant visa, such as a B2, not a chance in heaven. The only visa you can get is a CR-1, which is an immigrant visa.

As others have already mentioned, that will take many months and cost a small fortune again. But you have no choice.

[desert_fox 32]

Sharia and Shad:

I, too, had red flags the size of Moscow popping up on my screen when reading the post the first time.

It is perfectly okay to enter the United States as part of the Visa Waiver Program, and it's also perfectly legal to get married while in the US, even if this was planed beforehand. So far, so good.

The K-1 is a single entry visa for a foreigner who is engaged to a US citizen. It expires the moment the foreigner sets foot on US soil. Its requirement is to get married to the petitioning spouse in the US, within 90 days.

When you, Chad, left for Canada, you did this without a valid visa that would allow you to return to the US. The K-1 was expired and invalid in any case as you are not a fiance anymore, but the immediate relative of a US citizen.

When seeking entry to the US on your way back from Canada, you theoretically could have used the VWP. However, and that's what I believe has happened, the CB Officer assumed immigration intend, based on the fact that you are indeed the immediate relative of a US citizen and the father of another US citizen, both of which live in the US.

Theoretically, had they allowed you to enter, you could have filed for Adjustment of Status from within the US, meaning you would have never had to leave for the Kingdom again.

But, they didn't let you enter, and they won't let you enter as a tourist anymore. You also won't get any other non-immigrant visa, such as a B2, not a chance in heaven. The only visa you can get is a CR-1, which is an immigrant visa.

As others have already mentioned, that will take many months and cost a small fortune again. But you have no choice.

He never receaived a K-1...he was still waiting for it.

He entered as a VWP, and got married....the dumb thing he did was to leave the US.

[Sweetcheeksss 91]

Awww, I am soooo sorry for you and your family. God speed for you all.

[Inky 1,111]

If he can visit a UK/british embassy in canada they may be able to help him get back to the UK. Your car however would be stuck in canada..

[canadian_wife 1,823]

I'm sorry for your situation, as someone who has been denied entry I know how terrible it is and how embarrassing it is.

however, your case seems to have many flaws, your first mistake was leaving the US without an advanced parole document or your green card.

moving forward, since you were denied, you cannot enter the US on the VWP. You will likely have to return to the UK and begin the spousal visa process. I'm sorry this happened but it seems you did not do your research before you departed the US

Good luck