Had to leave the US with an open K1

[Udella&Wiz 325]

I am sorry for this unfortunate situation - You have not said but was her daughter coming on a K2 at a later date? I would be surprised as another poster noted above that Montreal/ Vancouver approved the daughter's VISA without permission from the other parent. Going forward if you're trying to include the daughter in the VISA you'll want to know you have permission before hand. No use torturing yourselves if the otehr parenta nd teh court don;t agree she can come.

That aside I think you've received good advice here indicating that you will now need to begin again and file for a different VISA since you're now married.

Feel free to viist us in the Canadian forum - we have lots of experience

[LSnBigBear 61]

Try contacting your Congressman. Maybe they can help...

[AnniewithaV 0]

The border guard said she may not reenter without some sort of action. They couldnt specify what action because they didnt know, but made it sound like if I had a receipt of an I130 (I797C NOA1)that at least shows that we are attempting to stay legal. Most of the guards were very nice and "wish there was something they could do" but there only needs to be one guard that says no. If she can just visit during our wait for approval, that would be sufficient and solve a lot of problems.

As for the mobility case, it was never clear what requirements were necessary to move according to the canadian family government (kind of like being a newbie to uscis) so initially all we did is notify the father of her intent to move about 6 months prior to the move date. He consented to allow his daughter to travel in and out of michigan every weekend and for several weeks over the summer without any problems, until the week following her move date. Then suddenly he files an emergency motion for custody. Long story short, he is only trying to make my wifes life "a living hell" literally quoted from an email he sent, and his only intent for filing custody is to delay our process and screw things up as his lawyer explained to our lawyer. Coincidentally our lawyers work out of the same building and know each other. We are extremely confident that we will win the custody case mostly because he really is just a loser that failed to launch (ie lives with parents for the last 10 years with his girlfriend and new baby, barely holds a job, no vehicle etc.) And confident we will be granted mobility because the move is only a 3 hour difference in drive time, and his visitation access will not be affected. I can not move because I have a son that i get visitation on the weekends, and also my carreer is our financial support. I am going to file for CR-1 before results of the mobility case to save the waiting time. I would rather spend the $840 and risk getting denied mobility than to wait and be without my family for another two months.

Thank you all for your interest support and guidance. I am filling out I130's now and will keep you posted on the process.

[Boiler 43,538]

The border guard said she may not reenter without some sort of action. They couldnt specify what action because they didnt know, but made it sound like if I had a receipt of an I130 (I797C NOA1)that at least shows that we are attempting to stay legal. Most of the guards were very nice and "wish there was something they could do" but there only needs to be one guard that says no. If she can just visit during our wait for approval, that would be sufficient and solve a lot of problems.

She tried to enter the US as an Immigrant without an Immigrant Visa would be my guess on what happened.

Now her file is marked as an intending immigrant so the chances are if she tries to visit again she will be turned around.

The CR1 will produce eventually the right documentation.