Abandon K-1 and AOS Questions

[acidrain 325]

3 minutes ago, Julune said:

Oh I definitely will be. It’s super scary knowing that we could be living apart so suddenly if all doesn’t go well.

 

What happened if you don’t mind me asking?

I admit being Canadian we assumed a lot. I thought we could hang out in the US for up to 6 months before we decided to live there. The border actually believed that part. But we had zero ties. No jobs, no housing, no stuff, absolutely nothing tying us to Canada. It never even dawned on us that would be an issue. I got a hard denial so it creates a flag and I report to secondary every time I enter the US.

The reason I share this is I know as a Canadian we assume things are not as bad as they are. We shrug different stuff off assuming everything is fine. I think when it comes to going on vacation customs in either country is cool. But the minute they get even a whiff of a move all hell breaks loose. 

 

It really sucks you weren't able to AOS as that flag is going to follow you for life. You will have a limited time ban but the overstay will still show up in your history. Travel to the US in the future will be a question mark.

[Ontarkie 13,915]

On 2/12/2018 at 6:17 PM, Julune said:

Thanks! I appreciate that. Someone that has done this before told us to do what i started earlier. I didn’t think it was lying because he would be staying a few months until he applied!

 

So you think take the same vehicle? Just say he’s going to do a spousal visa inland?

 

What do you mean by FBI clearance? Just a police record?

Yes when you get to the border you just tell them that you're returning to Canada and you will be applying inside Canada for your spouse. Then they  send you inside look up him up in the computer for criminal record. 

 

 

Yes the FBI clearance is a police check. 

This is a really old thread but Colleen's did exactly what you want to do. http://www.visajourney.com/forums/topic/367247-only-3-more-sleeps/?page=2 She hasn't been on since shortly after her move but it will be a good read for you. 

 

Edited February 14, 2018 by Ontarkie
removed rtc website they are no longer around

[Schihl 0]

2 minutes ago, Ontarkie said:

Yes when you get to the border you just tell them that you're returning to Canada and you will be applying inside Canada for your spouse. Then they  send you inside look up him up in the computer for criminal record. 

Roadtocanada.com is similar to VJ it will help you alot. 

I am OP's husband.

 

With all due respect, might I ask how you know this?  Have you gone through this too?

[Ontarkie 13,915]

1 minute ago, Schihl said:

I am OP's husband.

 

With all due respect, might I ask how you know this?  Have you gone through this too?

I have not but just posted a link from another member. You can actually search for more just like her who did it this way. You can also search the Canadian website https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship.html 

Edited February 13, 2018 by Ontarkie

[Californiansunset 332]

47 minutes ago, Ebunoluwa said:

That is incorrect. 
You meant the I-130 ? 
I-131 is advanced parole (travel permit) which should be filed with AOS anyway and is free as is the I-765 (EAD).
If you do not marry within the 90 days you have to file a I-130 but if you are married and file after 90 days you can file "a bit" later without
having to file a I-130 with AOS.
Practically out of status but forgiven when AOS is then filed. 


 

Oh yes sorry meant I-130 not I-131

[caliliving 606]

I would not suggest leaving without your green card. Basically, you will NEVER be able to visit the USA unless you get an immigrant visa. 

You will trigger the 3 year ban when you leave. After that, no way to come visit without an immigrant aka green card.

Also, check how bringing someone to  Canada works. I'm told it is an even longer process. You really should apply for your green card and consider staying in America for a while 

[caliliving 606]

7 hours ago, acidrain said:

I admit being Canadian we assumed a lot. I thought we could hang out in the US for up to 6 months before we decided to live there. The border actually believed that part. But we had zero ties. No jobs, no housing, no stuff, absolutely nothing tying us to Canada. It never even dawned on us that would be an issue. I got a hard denial so it creates a flag and I report to secondary every time I enter the US.

The reason I share this is I know as a Canadian we assume things are not as bad as they are. We shrug different stuff off assuming everything is fine. I think when it comes to going on vacation customs in either country is cool. But the minute they get even a whiff of a move all hell breaks loose. 

 

It really sucks you weren't able to AOS as that flag is going to follow you for life. You will have a limited time ban but the overstay will still show up in your history. Travel to the US in the future will be a question mark.

Very true. Canadians make assumptions and I know so many that thought they could hang our in cal8fornia and ended up getting bans. 

Fyi you are canafian.tho so Canada has to take you in! Your overstay in America or red flags have no baring on going to Canada. 

[Boiler 43,429]

1 minute ago, K1_Journey said:

FYI no it is not and we have discussed this over and over, research it

I appreciate providing misleading information is not a breach of the VJ ToS, but it is really bad form.

[TBoneTX 43,057]

Bad specific information should be corrected by those with good specific information.

Edited February 13, 2018 by TBoneTX

[NikLR 13,220]

1 hour ago, K1_Journey said:

FYI no it is not and we have discussed this over and over, research it. I'm not going to waste my time arguing or debating this point with you or anyone else here again.

Just because you CAN file the AOS later does not mean that your K1 beneficiary was not out of status and deportable.  Overstay is ignored for USC spouses, currently, but this is not a good practice to suggest to people just to not AOS and leave their spouses in limbo without status. 

[caliliving 606]

you CAN file later. but you are out of status.

once you are out of status you basically will ALWAYS be deportable!

for example. i overstayed. 3 years!

i will get my citizenship bc if i ever have to go back to canada once i give up my greencard i will NEVER be allowed back in1

EVERY time i cross i get questioned - even with my greencard!

i WAS ignorant to the laws.  but thankfully VJ informed me of what to do right. i made the correct changes.

you can AOS 20 years later! it does not matter. but once you leave the country you trigger the ban and if it is an overstay you have a lifetime ban

[Crazy Cat 39,218]

 

 

https://www.nolo.com/legal-encyclopedia/if-the-i-94-k-1-visa-expired-can-i-still-adjust-status.html

[Boiler 43,429]

Just now, missileman said:

This doesn't make any sense at all.  Think about it......you are saying that a K-1 (non-immigrant) could enter the US and NEVER obtain a green card, yet they would be protected while here......nonsense.

Of course it does not, K1 is a single use visa, so dead on arrival. the Status is good for 90 days and then you are overstaying like many other people who enter on other non immigrant visas and do not go home.

[Ebunoluwa 6,136]

10 hours ago, missileman said:

 

 

https://www.nolo.com/legal-encyclopedia/if-the-i-94-k-1-visa-expired-can-i-still-adjust-status.html

The link content is incorrect. If the

k1 arrival married the petitioner within 90 days then no I-130 needs to be filed with AOS. If not married in 90 days the a I-130 is needed. 

[Boiler 43,429]

There are a couple of weird exceptions, C/D is the one that comes up on here and some Diplomats as well.