General K-1 questions... I'm new here.

[Earthling 0]

Hey everyone, I'm new here.

I have a few questions and would just kind of like to share things to have some sort of reassurance, as I'm sure you all know this is a nerve-racking process...

I'll go ahead and give you my history leading up to this moment with immigration:

I am currently 19, and will be 20 this June. My fiancee is 24, and lives in the US. We filed for a K-1 visa. I am a Canadian citizen, and moved to the US when I was about 4 or 5 years old, with my mother. She is a registered nurse, and got a TN visa to allow her to work here, and I was issued a TD since I was her dependent. I lived in the US up until this past January.

I graduated high school in 2009. I was never able to work in the US, due to my status. In March 2010, I moved in with my now fiancee. I moved around within the US a lot from 2006-2010, as my mother took on travel nursing. In September of 2009, my mother stopped working with her employer in Maine, and moved to South Carolina, where we had lived for around 8-9 years before. She did not get a new work visa for her employer in SC, although her work visa for Maine was still valid, time-wise. In December of 2010, my fiancee and I went to NY to visit her family, and during this trip, we crossed into Canada to have lunch with my dad, as I hadn't seen him in years. On the way back, the border officials discovered that my mom was now working in SC, while her TN visa was still authorized for Maine. My TD was taken, and I was issued humanitarian parole, allowing me to return to the US for 2 weeks. They told me to tell my mother she needed to get her visa changed within this time. I left the US and went back to Canada, as my mother had to gather necessary documents from various places, which took some time.

On February 11, my mom came to the border to apply for a new TN visa. She initially told them she was living off of her savings, but later ended up telling them the whole truth (she was paranoid that they may've had a document on file that border officials found when I crossed the border, stating the start date of her job in SC). They decided they could not issue her a TN at that time, and instead, told her she would have to appear before an immigration judge. Her hearing is on April 7th.

I have been in Canada from January 6, 2011 until now (April 6, 2011). My fiancee filed an I-129F for us, with all of the contents, and she got the receipt stating that it was received, last week.

Processing time on the USCIS website for an I-129F said about 5 months.

Now for my questions:

In your experience, is the quoted processing time pretty accurate? Any details on this area would be nice.

Does my employment history matter? I figure that it shouldn't matter too much, as I'd be leaving behind any job I have here to go back to the US... the reason I ask is because I have never had a job. I am only 19, and was not able to work in the US while I lived there. I've been in Canada for about 3 months now, so this is how long I have been eligible to work. I just started working with a temp agency last week, and will have to write a letter for my fiancee to send to the VSC to update this employment info.

Do you think my mother's situation will affect me at all, since I was a dependent? I have been told that it shouldn't, but I cannot help but to ponder any and every possibility in this process. I am no longer connected to her, visa-wise. I am now a Canadian living in Canada, so I don't think it should affect me. Thoughts?

Living situations- my fiancee just moved in with my mom, to save money and help babysit my younger (American) sister. Will it matter that my fiancee is living at this address? If my mom gets deported, my fiancee will have to move out and change addresses with USCIS again...

I guess my mom just met up with the immigration lawyer and things are not looking good for her. My nerves are shot. My younger sister is American, and is only 12. What will become of her if my mom is deported? My mom has primary custody. This whole situation is really messed up.

Anyway, if anyone can help me with some answers or anything, I would greatly appreciate it. I have put myself into an apathetic shell of existence to not feel all of the stress that has come along with this. It is completely out of my hands, and it is taking its toll on my brain. I just want to go back home (The US) and be with my babe.

Sorry for the novel.

[katiemanny 64]

I would highly recommend you to consult with an Immigration Attorney about your situation, you've lived within the US for a while so I'm not sure if that might raised some serious concerns on your k1 application.

Edited April 6, 2011 by katiemanny

[Earthling 0]

Thanks for your reply. We have already filed the I-129F so I don't know if seeing an attorney would do too much good at this point. And I honestly cannot afford it. My fiancee MIGHT be able to, but I can't, as I am not yet working the full time job I am looking for...

[katiemanny 64]

Thanks for your reply. We have already filed the I-129F so I don't know if seeing an attorney would do too much good at this point. And I honestly cannot afford it. My fiancee MIGHT be able to, but I can't, as I am not yet working the full time job I am looking for...

Why didn't you stay in the US and get married and file for Adjustment of Status?. Would have been way cheaper, k1 is expensive and you wont be able to work upon entering the US for at least another 6 months.

[Earthling 0]

I would've done that, but my fiancee and I went to NY to visit her family for a few weeks around Christmas, and crossed into Canada to visit my dad while we were in the neighborhood. On my way back, they took my visa because my mom was working somewhere else, so technically mine wasn't valid anymore, since she was no longer working where she was authorized to work with her TN visa. They gave me 2 weeks to return to Canada, so we weren't able to rush the paperwork and everything. It just wasn't practical with all of the circumstances. So we just planned on me coming back, and filing for a K-1. I didn't want to be in the US out-of-status while the paperwork was being filed- the border officials said if I didn't return after the 2 weeks I could potentially be barred from the country. Ridiculous, but I didn't want to jeopardize anything.

I followed all legal rules and regulations involving my visa and everything, and am no longer connected to my mom's situation, so I think it should be fine. I can explain this if needed to USCIS- my stay in the US was 100% legal, so the fact that I previously lived there shouldn't affect anything.

[Harpa Timsah 13,258]

Well, it's too late to stay in the US, so it's water under the bridge now. It's not helpful to tell someone what they should have done. As far as she knew, her visa was still valid when she left for Canada.

OP - The only issue here with your fiance visa is that you may have a ban in place, for overstaying (having no valid visa) over 180 days. Your visa was tied to your mother's, and if hers was terminated, then yours was too. There are waivers you can file to overcome your ban, but if my math is correct (September 2009 - Jan 2011) then you would have a ban. There may be a grace period that would lessen that overstay somewhat.

I am not sure about your mother's case - that is separate. Good luck.

[Messybrownhair 251]

I honestly can't give you an answer but I just wanted to wish you luck and hope that it all works out for you! Those are very unfortunate circumstances and I really hope that you and your fiance overcome it because you both seem like good people. Good luck again

[Earthling 0]

I hope to God that I am not banned... I was not told about one. It never came up. I was even questioned at the border when my mom tried to get her TN reinstated, and they said nothing about it. I was told that for all they cared, I could apply for another visa the next day and there wouldn't be any problems. My visa was taken on December 24th, 2010, I believe, and I wasn't told anything about a ban of any sort. Just that I was out-of-status for that particular visa.

Like I said, I was never notified of any ban. I was not penalized at the border for living there, so I don't see how they could ban me now. I personally did nothing wrong. The past is the past, and now I'm just a Canadian living in Canada, waiting for my I-129F to be processed so I can go to the US and get married. This whole process makes my heart ache. That pressure on the chest...

And, thanks messybrownhair, I hope everything works out too!

[Harpa Timsah 13,258]

Aliens begin accruing days of unlawful presence if they are in the US without a valid visa. You said the border agents said you were out of status on your TD visa - that is unlawful presence. Once the alien leaves, if they have over 180 days of overstay (or out-of-status days), they have a ban and cannot return until their ban is over (3 years or 10 years depending on how long they overstayed). Canadians are able to visit the US for 6 months at a time without the need for a visa - they enter on the terms of a B2 visitor visa. The fact that the border patrol person gave you "humanitarian parole" for 2 weeks instead of a visitor status suggest you may have a ban. The ban is triggered when you leave the country. You, or your mother, did do something wrong - you overstayed your visa. Your visa status was tied to hers. Children do not accumulate unlawful presence until they turn 18, but once they are 18, even if they were brought here illegally at the age of 1 by their parents, they are expected to leave or pay the consequences. You may not have a ban, because you are only 19, so I would work out the dates (maybe part of the out-of-status time occurred when you were under 18 and therefore didn't count). I would work on figuring this out, and figure out the US visa laws, because your family's lack of understanding about them has caused you all heartache. Best to follow the terms of your visa. Best of luck to you.

Edited April 6, 2011 by Harpa Timsah

[Earthling 0]

I had no part in acquiring my visa- my mother obtained it for me. I was not made aware of any of the visa details, as my mother didn't make me aware of all of her business. According to the attorney my mom talked to today, you have to file an amount of paperwork to be banned or deported, which I did not have to do. Nothing I read or was made aware of said anything about a ban. So I will operate on the assumption that I am not banned. What's done is done, and I will not dwell on it. My mom spoke to an attorney today, and mentioned what my fiancee and I are doing, and the attorney didn't say that I would have a ban. We will see what happens. Thanks for your explicit honesty, but it is really out of my control at this point.

Also:

"The relevant statute (Section 212(a)(9)(B)(ii) of the Immigration and Nationality Act) defines unlawful presence as presence 'in the United States after the expiration of the period of stay authorized by the Attorney General or [presence] in the United States without being admitted or paroled.'"

The period of stay which I was authorized was not expired. My visa was good until 2012. So I could argue that, if it were to come up.