K1 visa accepted now to change to K3

[Miav 0]

Hi  im hoping someone can help me out with this situation...In sep 2016 my fiance filed for K1 all went well ...entered in June 2016 we got married July 25 2016..all was going well..next step was to put in papers of adjustment status..slowly as we were preparing our papers...my daughter back home Mtl who was living there was in need of me..for personal emergency..i tried to call uscis and ask if i am able to leave..they said if my papers werent in that i would have to submit a parole and also my adjustment status..at that moment already i had my belongings and changed also my drivers liscense and etc..as i looked at the paper of parole to allow me to  re enter back in usa ...it said only funeral or surgery emergencys..being a mom i did what i had to and left to go back to Can on Oct 29 2016...took care of what i had to back in my town. The forms were filled but not sent out for either way it would take 30 to 90 days etc.... and while here was trying to find out how and what i need to do and can i get back to my husband..i have been going back and forth with us embassy in montreal and also uscis on the phone.with answering services info or emails with no reallly reply to meet with anyone who can help...im in limbo....ll the way to the border to see if i can get back in us...and i was denied..the thing is i dont know what to do..do i have to put all in again now while i am here in  Canada   K3 and do all that i have done ..with the documents ..or is there another way i can or another form out there that can help me get back to my husband in the usa..and my belongings..i am in limbo without any answers and still not able to speak to anyone at the embassy...it is so difficutl to get an appt..or speak to someone who can look at my file..

 

The border supervisor had told me something about a waiver..which im still not sure what that was..there must be some form etc..i just got accepted and got married..and had no choice to return..to can...if anyone knows or etc..what i can do or etc forms..pls let me know..thank you .. 

Edited February 16, 2017 by Miav
needed to add info

[canadian_wife 1,831]

Oh I am so sorry to hear that you are going through this.  If it makes any difference I think you did the right thing.  Being a mom comes first and you had to tend to your child.

 

However, I believe that you were rightfully denied at the border, and I was denied so I know how awful it is, because you have immigrant intent.  I believe that you must start all over again and apply for a Cr1 visa (hardly K3 are given anymore) But I truly hope someone has another idea.

 

Good luck 

[Cyberfx1024 7,980]

You were denied from entering the country because you already used your K1 visa to enter the country before so that was now obsolete, and now you were going to enter on the VWP with immigration intent which is not allowed. So that is why you were denied entry.You have to start everything all over again. The K3 visa is almost rarely given out at all. The majority of K3 visas are administratively closed and changed to a CR1 visa. So you can try to get a waiver but I don't think you will get it. So just go ahead and file for a CR1 visa, the wait is roughly 1 year. 

[geowrian 22,344]

Agreed. It's a sad story, but you were rightfully denied entry. Your K-1 can only be used once, and VWP doesn't permit immigrant intent.

 

K-3 is basically obsolete. Only a handful of petitions ever make it through the process anymore. You will need to do a CR-1 visa at this point.

 

Good luck.

Edited February 16, 2017 by geowrian

[Georgia16 2,858]

I also think you did the right thing. When child needs it mom then we go! ... that said I agree with the others there is no way around it you'll have to do a CR-1 visa now. the sooner you apply and get the process started the better.