Biggest Mistake of My Life?

[Darnell 8,478]

Can you ask for a refund, from your couples-friends? They seem to have given you really bad advice.

[ethomps 16]

If you get married in Canada you will go through the CR-1 process. If you do this I suggest you make sure you BOTH get Marriage Certificates.. one for each of you. You'll need one for any legal/financial transactions needed in Canada and she will also need one when she files the Petition for your immigration. Also..suggest you complete two copies of DS-230 (Part 1 only) and G-325A (for you, she will generate her own G-325A for the package going to Homeland Security, USCIS).

Generate and print them out. BE ACCURATE ON ALL DATA! Double and triple check everything is correct!!! You need to sign and date those after your married and she brings them back to the States with her.

Doing this will save you time and postage later. Sign and date both of each of them in case your Wife has some unforeseen event like a coffee spill or whatever.

I married my Wife in her Country on a Tourist Visa to her Nation, and this is common. The other process (Fiance' Visa) is faster at first but has more steps involved and expense later. Not good or bad, just different. A big plus is that your green card will arrive quickly using the CR-1 process. You will be able to get a job or own a business much sooner in the States using this process. You will have more time apart until you get your Visa. Bummer; but it's part of the deal.

If there were any "flags" because of your ignorance of the process at the Border your Lady will be allowed to file an explanation on your behalf. The fact that you are now aware and willing to follow the process should go a long way to success.

It is important to ask this next question. Is she a Citizen born in the States or a Naturalized Immigrant? If so your ok, if not then your not going to get through this until Naturalization is complete for her. Only US Citizens (Born or Naturalized) are allowed to Sponsor. Very important to know and follow the laws..and much pain has been caused to those unaware as you discovered.

Ask your Lady to join in here at the Forum. There are good people and much assistance for her here. Many years of experienced people who will help you and her every step of the way and that have been through or are currently going through the Visa Journey. Don't worry too much...just do each step as the law says from now on and be patient. The process works if you stay on course. Welcome to Visa Journey. We wish your path is smooth and uneventful from here on.

Thank you, and others for being so informative about my situation! I'll definitely be telling my fiance about this great community. She was born and raised in the U.S, so no problems there!

Can you ask for a refund, from your couples-friends? They seem to have given you really bad advice.

Hahaha, story of my life.

[Thatgirl2 21]

It's not even fraud if you would have bout a round ticket, came to the state and gotten married and left. You CAN get married on VWP , but you can't stay

[NikLR 13,220]

If you get married in Canada you will go through the CR-1 process. If you do this I suggest you make sure you BOTH get Marriage Certificates.. one for each of you. You'll need one for any legal/financial transactions needed in Canada and she will also need one when she files the Petition for your immigration. Also..suggest you complete two copies of DS-230 (Part 1 only) and G-325A (for you, she will generate her own G-325A for the package going to Homeland Security, USCIS).

Generate and print them out. BE ACCURATE ON ALL DATA! Double and triple check everything is correct!!! You need to sign and date those after your married and she brings them back to the States with her.

Doing this will save you time and postage later. Sign and date both of each of them in case your Wife has some unforeseen event like a coffee spill or whatever.

Some of your information does not apply to the original poster. For instance in Canada you do Electronic Processing and you fill out a DS-260 online rather than DS-230. While filling out the DS-230 can help you fill out the DS-260, it is not as detailed as per questions.

OP: You can certainly do an K1 visa. It is a fiance visa and allows you to get married in the USA and stay there. It's more expensive but you are together after marriage. A CR1 visa it is cheaper and you can work within a few weeks of moving to the USA (the F1 does not allow this) but you have to be married first and then spend that time mostly apart. You can visit, but you have to show strong ties to Canada.

Some good links for you are in Saylin's profile:

http://www.visajourn...r/90397-saylin/

also her blog:

http://journeythroug...on.blogspot.ca/

Here is the comparision chart:

http://www.visajourn...content/compare

(ignore the k3 visa)

You can also try to go back and get married in the USA but you must show strong ties to Canada (aka variety of: bills, contracts, lease or mortgage, return ticket, and letter from an employer.) Because of this mishap you probably will be called into secondary questioning the next time you try to cross unless it is with an F1 or CR1 visa. Just a word of caution.

Discuss the options with your fiancee. Figure out what is important to you two in a wedding as well.

This will not deny you a visa. Saylin was denied a few times at the border and she's happily married in the USA. So it's okay. Just be aware of what may or may not happen the next time you try to visit the USA and have your ducks lined up.

Edited November 30, 2012 by Kathryn41
edited to correct visa type number

[GlobeHopperMama 95]

I would agree with prior posts that whether you do K-1 or CR-1 (and personally I would go with the CR-1 after a Canada wedding), there is a risk of a misrepresentation ban.

Since they told you to get a K-1 visa, and it seems you were honest ("those measurements are for my wedding") then I think it is unlikely that you have any sort of formal ban for misrepresentation.

I really disagree with this. CBP/ POE officials are some of the LEAST informed about the actual application of the INA when it comes to issuing visas. They know how to check for visas and screen people for entry on those visas to the US. But they typically don't know how misrepresentation at the POE can affect visa issuance, and they really aren't the ones who make that decision anyway. CBP/POE officers and even immigration judges routinely give people false hope, telling them to just go home and "apply the right way" and all will be fine, only for those people to get hit with lifetime bans when the consular officers apply the law to their cases.

Also, the honesty of saying those were wedding measurements is offset by the initial explanation that this was a brief visit. Also the immigrant intent displayed by the contents of the luggage will present an obstacle against most other arguments. There is a legal way to make a "timely retraction argument" and this could apply, but you're going to want a lawyer involved if you're attempting that path.

I would go in prepared for the worst and hoping for the best. Worst being that the incident at the POE will be construed as misrepresentation (and honestly, the final determination on this is made by the consular officers' review of the incident on record, not the POE officials' words during the incident). Best being no misrep, just get the immigrant visa and move on with your new life. If it is misrepresentation, there is an I-601 waiver available, in which you would need to detail the hardship your fiancee/wife would experience in the event you were banned from her country for life as the misrep ban (INA 212 a 6 c i) requires. It may be wise to consult an attorney experienced in inadmissiblity before you even apply for a visa, just to see if there's a way to mitigate any of the stuff that happened and avoid a determination of misrep in the first place. There are three linked in my signature. The first is one of the top in the field for truly insane and complicated cases like mine, but comes at a price. The other two handle a more full range of inadmissibility/waiver cases and are great people who do free initial consults. I would talk to one of them before you do anything, to get their take on the case and start planning the best path.

Edited November 30, 2012 by GlobeHopperMama

[LeftCoastLady 441]

The K-1 is the fiancé(e) visa. The F-1 is a visa for students. Also, there really isn't that huge of a cost savings between the two when you add up what's needed. It would be more of determining where they want to get married and if they want to start the petition process before or after marriage.

Some of your information does not apply to the original poster. For instance in Canada you do Electronic Processing and you fill out a DS-260 online rather than DS-230. While filling out the DS-230 can help you fill out the DS-260, it is not as detailed as per questions.

OP: You can certainly do an F1 visa. It is a fiance visa and allows you to get married in the USA and stay there. It's more expensive but you are together after marriage. A CR1 visa it is cheaper and you can work within a few weeks of moving to the USA (the F1 does not allow this) but you have to be married first and then spend that time mostly apart. You can visit, but you have to show strong ties to Canada.

Some good links for you are in Saylin's profile:

http://www.visajourn...r/90397-saylin/

also her blog:

http://journeythroug...on.blogspot.ca/

Here is the comparision chart:

http://www.visajourn...content/compare

(ignore the k3 visa)

You can also try to go back and get married in the USA but you must show strong ties to Canada (aka variety of: bills, contracts, lease or mortgage, return ticket, and letter from an employer.) Because of this mishap you probably will be called into secondary questioning the next time you try to cross unless it is with an F1 or CR1 visa. Just a word of caution.

Discuss the options with your fiancee. Figure out what is important to you two in a wedding as well.

This will not deny you a visa. Saylin was denied a few times at the border and she's happily married in the USA. So it's okay. Just be aware of what may or may not happen the next time you try to visit the USA and have your ducks lined up.

[Moomin 292]

In case it's not been mentioned, being denied at the border/POE won't count against you or the odds of getting a K1 or CR1 visa. Not unless you lied which, it seems like, you clearly didn't.

I know it must feel disappointing however you haven't blown your chances of living together - it'll just take longer and you definitely can't skip the stages involved in the process.

Personally, I'd suggest having your fiancee visit you, get married, submit I130 while she's visiting and have her return. It narrows down the waiting apart. Your girlfriend/fiancee will still have to submit an affidavit of support so keep that in mind for later on if she'll be staying with you and not working in the US.

Good luck.

[C-ma'am 684]

Some of your information does not apply to the original poster. For instance in Canada you do Electronic Processing and you fill out a DS-260 online rather than DS-230. While filling out the DS-230 can help you fill out the DS-260, it is not as detailed as per questions.

OP: You can certainly do an F1 visa. It is a fiance visa and allows you to get married in the USA and stay there. It's more expensive but you are together after marriage. A CR1 visa it is cheaper and you can work within a few weeks of moving to the USA (the F1 does not allow this) but you have to be married first and then spend that time mostly apart. You can visit, but you have to show strong ties to Canada.

Some good links for you are in Saylin's profile:

http://www.visajourn...r/90397-saylin/

also her blog:

http://journeythroug...on.blogspot.ca/

Here is the comparision chart:

http://www.visajourn...content/compare

(ignore the k3 visa)

You can also try to go back and get married in the USA but you must show strong ties to Canada (aka variety of: bills, contracts, lease or mortgage, return ticket, and letter from an employer.) Because of this mishap you probably will be called into secondary questioning the next time you try to cross unless it is with an F1 or CR1 visa. Just a word of caution.

Discuss the options with your fiancee. Figure out what is important to you two in a wedding as well.

This will not deny you a visa. Saylin was denied a few times at the border and she's happily married in the USA. So it's okay. Just be aware of what may or may not happen the next time you try to visit the USA and have your ducks lined up.

You mean K1 visa, not F1 (student visa)

[ethomps 16]

Half of you are super encouraging-- but some of you are scaring the ####### outta me

Is there a number I can call or something to see if I'm screwed? If I call Border Patrol at the airport that questioned me, will they know the status of my case? Or is it up to a higher power?

Edited November 30, 2012 by Anonymous23

[Moomin 292]

Half of you are super encouraging-- but some of you are scaring the ####### outta me

Is there a number I can call or something to see if I'm screwed? If I call Border Patrol at the airport that questioned me, will they know the status of my case? Or is it up to a higher power?

Try calling, saying you forgot the piece of paper they gave you and if you can have it/a copy of it. Won't hurt trying.

I guess you can do a FOIA request however it'll take a long time(long as in about a year) to know what's in your name so I wouldn't go this way unless it's really needed.

Again, being refused entry won't be held against you.

[GlobeHopperMama 95]

You could do an FOIA, but as I said before, the final decision is made at the consulate when you interview for the visa. Right now, nobody can punch in info to a computer and tell you, "Yeah, you're banned under XXX section" or "No, you're fine". And FOIAs often take time, time that I doubt you want to waste sitting there finding out something you'll eventually find out anyway when you interview. The most you might find out is some notes on what they say happened that day. But being refused entry itself isn't a problem. It's just any potential that the info they put into their report will be construed as misrepresentation at the consulate when you go for an immigrant visa. Before you freak out or assume you're screwed, talk to one of those lawyers I recommended. They can help you go in with a level head. Maybe there's nothing to worry about. Maybe there is. Either way, there's hope. And truly, go into the interview prepared with legal advice.

[hikergirl 277]

If you look at the comparison charts there is a huge cost difference between the K1 and CR1: http://www.visajourney.com/content/compare

Especially if you factor in not being able to work or collect EI on the K1.

CR1s can collect EI (if you qualify for benefits) right away whereas the K1s have to wait until after they adjust status and have Employment Authorization.

I would check out Saylin's story as well. Please keep in mind that some of the posters on the forum come from high fraud countries that are given a much harder time.

Of course it all comes down to what you and your fiancé decide.

Best of luck in your journey!

Edited November 30, 2012 by hikergirl

[bigdog 376]

i think I would consult an immigration attorney just to CYA.

[keysjangle 145]

So sorry you got bad advice Happens all too often.

CR-1 is sounding like your best route. It can take awhile (mine was 11 months) but it is the most secure way to cross the border. Have your girl come to Canada, have an amazing wedding. Take lots of pictures, forget your worries and have an amazing time. Once she goes back and things settle, she can file for the CR-1. You can travel to the U.S. during the process, but you need some solid proof that you will be returning to Canada (letter from work, return ticket, lease agreement, etc.) Personally, I didn't go to the U.S. at all, and my husband came to Canada to visit me because I didn't want to risk anything.

Good on you for being honest with CBP, they're scary and some people resort to lying out of fear.

There's also a Canada specific sub-forum which can come in very handy for us Canucks. Good luck!

[NikLR 13,220]

The K-1 is the fiancé(e) visa. The F-1 is a visa for students. Also, there really isn't that huge of a cost savings between the two when you add up what's needed It would be more of determining where they want to get married and if they want to start the petition process before or after marriage.

yeah i knew that and wrote it out wrong.. LOL I sincerely apologize for the typo!!! But there is a cost difference between the two. It is more pronounced with an IR1 v cr1 when you don't have to remove conditions.

You mean K1 visa, not F1 (student visa)

Yep I did.. LOL My bad

Edited November 30, 2012 by NikiR