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HotPepper

Canadian Illegal?

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Hi, I'm new to this site, and feel like I'm about to give up and go back to Canada. I was married to a U.S. citizen, and we married in the U.S. in 2005. We lived in Canada together, until such time I was retired and could move down here. In 2008, we moved down here, with me having a k1 visa. Through my stupidity, I did not apply for permanent residency right away...money was tight then, and I figured I had 2 years to apply, so....no rush. Marriage did not work out, and when it came time to file, she would not sign the permanent resident papers. We own a house together, although I don't live in it.

I got some legal advice, and was told to not let the visa lapse, and go back to Canada. All my stuff was in U.S. storage, packed a bag, and went to Canada. Stayed 3 months, got my license, ohip etc, back in order, and came back down here, as we were still selling the house, and as of yet had not been divorced. I have been here ever since. We got divorced 8/15/11, but the house still has not sold....and I need that money to get another house, somewhere! I feel like a criminal, but also feel I need to keep an eye on my assets. I am wondering about this I-751, if that could apply to me? ANY help would be appreciated!

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You were never a permenant resident so you cannot file the I751 to remove conditions of a resident.

Sorry, you are a visitor and must return to Canada. Failing to file your paperwork has left you with the status of a 'tourist' and nothing more

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Since you came in on a K-1 visa and DID NOT ADJUST STATUS with that spouse,

you cannot adjust status with another spouse, in the USA.

A 'new spouse' can file for a visa for you, going through consular processing, through.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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You aren't divorced yet and thinking about remarrying a USC to stay?

If that sounds sticky to me it would sound sticky to an immigration official.

But you have to follow your heart. Remember, marrying a USC does not give you any rights. The paperwork must still be filed.

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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How could you enter on a K1 if you were married?


Noa 1 August 15th 2011
Noa 2 March 2nd


NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30


Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!

POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

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With you mentioning the 2 year thing and being married, are you sure you did not have a K3 spousal visa?

The K1 is a fiance visa for unmarried people.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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With you mentioning the 2 year thing and being married, are you sure you did not have a K3 spousal visa?

The K1 is a fiance visa for unmarried people.

You may be right!

Btw....I would not marry anyone, just for the sake of staying here. I gotta wait till my house sells, so..just thought if I met somone, it it would change anything? IF by chance I did msrry.....I could stay here and she could file for me? I don't think anything sounds fishy....been here going on 2 years now, not an unreasonable time to get in a relationship!

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You may be right!

Btw....I would not marry anyone, just for the sake of staying here. I gotta wait till my house sells, so..just thought if I met somone, it it would change anything? IF by chance I did msrry.....I could stay here and she could file for me? I don't think anything sounds fishy....been here going on 2 years now, not an unreasonable time to get in a relationship!

Okay it sounds like you have a K3 visa. That's for married people. It gives you the freedom to go in and out. What is the expiry date on the K3?

You didn't file for AOS on a K3, and you're no longer married. I'm not sure whether that invalidates the K3. I'm also not sure if the K3 (like the K1) only lets you AOS to your original petitioner.

First things first though - what's the expiry date?

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Okay it sounds like you have a K3 visa. That's for married people. It gives you the freedom to go in and out. What is the expiry date on the K3?

You didn't file for AOS on a K3, and you're no longer married. I'm not sure whether that invalidates the K3. I'm also not sure if the K3 (like the K1) only lets you AOS to your original petitioner.

First things first though - what's the expiry date?

Well, definitely K-3, issued Sept, 2009, I am pretty sure it was only good for 2 years

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Well, definitely K-3, issued Sept, 2009, I am pretty sure it was only good for 2 years

Okay new question. You said you went back to Canada for 3 months and then came back to the US. When you re-entered, was this prior to it's expiration? What was put in your passport when you entered that most recent time, if anything?

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Okay new question. You said you went back to Canada for 3 months and then came back to the US. When you re-entered, was this prior to it's expiration? What was put in your passport when you entered that most recent time, if anything?

No stamp, a couple questions and waved thru.

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No stamp, a couple questions and waved thru.

When was it though? Was it before the K3's 2 years were up? What I'm trying to figure out is if you still entered as a K3 or whether they put you through as a regular Canadian visitor.

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When was it though? Was it before the K3's 2 years were up? What I'm trying to figure out is if you still entered as a K3 or whether they put you through as a regular Canadian visitor.

No it was actually after it expired, by a couple weeks.I had thought you mean't coming back to the U.S. When I went back to Canada, I only took my dog, and my suitcase.....customs wanted to know where all my stuff was. I just told them that it is still in storage in Alabama. So, I'm guessing I was back as a citizen.

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