Had to leave the US with an open K1

[AnniewithaV 0]

My canadian wife fulfilled her k1 visa when we got married in vegas april 23, 2012. 3 days later she was summoned to canada for an emergency hearing about her mobility case with her 6yr old daughter that she plans to move to michigan with us. (the father is opposing the move by filing for custody). My wife had to leave the US on her k1 without filing any status change or advance parole due to the short hearing notice and now has been refused reentry into the US. The border patrol removed her I94 from her passport and will not allow reentry without some sort of action (that they cannot specify because they dont know). My wife currently rents a room from a friend in canada who has recently sold their house and will be moved out by end of june, which means my wife has to move somewhere else. That is about the same time we expect to hear a result from the mobility case. We need some kind of relief to either restore the k1 visa or expedite a k3 visa so she can reenter the US before she loses her residence. We know the process for a k3 which is almost identical to the k1, will we have to go through all the same motions and waiting periods again? What can we do?

[Harpa Timsah 13,258]

K-3 is no longer obtainable. You'll have to file for a CR-1 spousal visa. You can try for an expedite for the CR-1. Good luck.

[Inky 1,110]

Your wife does not have US residence status - she never applied for it. So she cant lose it.

You will have to file for a spousal visa. Its unlikely that the US embassy will reinstate her k-1 when she is already married because a K-1 visa is ONLY for fiance(e)s not married persons.

[AnniewithaV 0]

Can you please clarify why the K3 is no longer obtainable.

Is the I-130 the form used to file for CR-1?

When I spoke of my wife losing her residence, I meant her place of residence in canada.

I still wonder if there is some way to allow my wife to reenter without having to repeat the waiting process.

Thank you for your replies, more comments and suggestions are welcomed.

[cdneh 3,112]

She cannot re enter without repeating the process. You cannot 'restore' a K1 as she is married. The K1 is only valid for a one time entry, and it expired when she arrived at her POE. You will most likely not be able to expedite either, the criteria for that being as it is.

Edited May 7, 2012 by cdneh

[Inky 1,110]

Can you please clarify why the K3 is no longer obtainable.

Is the I-130 the form used to file for CR-1?

When I spoke of my wife losing her residence, I meant her place of residence in canada.

I still wonder if there is some way to allow my wife to reenter without having to repeat the waiting process.

Thank you for your replies, more comments and suggestions are welcomed.

Because the K-3 is obsolete and closed at the NVC. Its also a waste of money and time. It was in place only because the CR-1 was taking so long but now the CR-1 is faster, cheaper and gets a green card on entry which the K-3 does not.

The I-130 is for the CR-1 yes. Follow the guide for the petition http://www.visajourney.com/content/i130guide1

You can attempt to get an expedite due to the situation but its not likely she will get one.

[Harpa Timsah 13,258]

Unfortunately there is no way to get a visa without starting over. K-1 is single entry and is also for fiances. There is a precedent that if the K-1 beneficiary did not marry and had to leave, their visa could be reinstated, but you guys got married, so that option is not available to you. She cannot get or use any K-1 visa.

K-3 is no longer obtainable. The I-129F and I-130 petitions will be tied together and the I-129F will be administratively closed and you will find yourself on the CR-1 path anyway. Trying to get the K-3 will just slow your case down.

The only thing you can do is request expedite on the I-130 (which yes, is how you start the CR-1 visa process). The good news is that once she gets her CR-1 visa, she will become a LPR upon entry to the US. There will be no AOS and you will not have this problem in the future. If she has possible emergency business in Canada then the K-1 visa was probably not a good choice. Best of luck in the future.

[AnniewithaV 0]

Thank you for your replies. I had read about the K3 being a mute point while waiting for the I130 approval but was hoping for a way to allow her to return asap. The USCIS website seems to be a bit outdated and sometimes sends you in circles. Since the K3 is no longer an option, will I still need to file the I129F after the I130? I will the I130 be sufficient until further direction from the USCIS?

[Inky 1,110]

Thank you for your replies. I had read about the K3 being a mute point while waiting for the I130 approval but was hoping for a way to allow her to return asap. The USCIS website seems to be a bit outdated and sometimes sends you in circles. Since the K3 is no longer an option, will I still need to file the I129F after the I130? I will the I130 be sufficient until further direction from the USCIS?

I posted the step by step guide you need. If you read it and use it i'm sure it will help you greatly in your new process.

Unfortunately there is no ASAP or fast return.

I will post the guide again http://www.visajourney.com/content/i130guide1

[Boiler 43,437]

She can always visit in the meantime.

[kzielu 1,147]

She can always visit in the meantime.

Or rather she can attempt it - with such history, denied entry is likely IMO.

[Harpa Timsah 13,258]

Or rather she can attempt it - with such history, denied entry is likely IMO.

The first post says she has already been denied at the border.

[evelyn1140 18]

My canadian wife fulfilled her k1 visa when we got married in vegas april 23, 2012. 3 days later she was summoned to canada for an emergency hearing about her mobility case with her 6yr old daughter that she plans to move to michigan with us. (the father is opposing the move by filing for custody). My wife had to leave the US on her k1 without filing any status change or advance parole due to the short hearing notice and now has been refused reentry into the US. The border patrol removed her I94 from her passport and will not allow reentry without some sort of action (that they cannot specify because they dont know). My wife currently rents a room from a friend in canada who has recently sold their house and will be moved out by end of june, which means my wife has to move somewhere else. That is about the same time we expect to hear a result from the mobility case. We need some kind of relief to either restore the k1 visa or expedite a k3 visa so she can reenter the US before she loses her residence. We know the process for a k3 which is almost identical to the k1, will we have to go through all the same motions and waiting periods again? What can we do?

have to file for a CR-1 spousal visa

[Rob & Monika 87]

If you do not have children here in the states, I would suggest you move there. I'm curious how it got to this point, did you see this coming? If my ex tried to leave the area with my child, I would do the exact same thing. She's not allowed to move out of the state without my written permission, let alone the country. I would not even bother to file CR-1 yet until she has permission to move her child down by the Canadian court system. If they tell her she can't move her child down, will she give up custody to be with you?

[bigdog 376]

Refile as married or move to Canada, at least you have a choice. Good Luck.