Jump to content
Sign in to follow this  
AnniewithaV

Had to leave the US with an open K1

19 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Canada
Timeline

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?

Share this post


Link to post
Share on other sites

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.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

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.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Canada
Timeline

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.

Share this post


Link to post
Share on other sites

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 by cdneh

I can explain it to you. But I can't understand it for you.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

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.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Share this post


Link to post
Share on other sites

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.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Canada
Timeline

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?

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

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


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

She can always visit in the meantime.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

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.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Turkey
Timeline

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


jkshrmfeqk.png

ooOcm7.png

event.png

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: China
Timeline

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


In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...