Wife left during AOS to avoid illegal presence, now trapped in Canada

[SusieQQQ 11,585]

I’m going to let someone else answer because I’m not aware of any plea or out the box solution to an abandoned AOS. As far as I know the only solution is to start another petition, and for F2A you’re looking at around 2 years. But maybe someone else knows of a way you can fix this.

[geowrian 22,336]

13 minutes ago, SusieQQQ said:

(I clarified my post with an edit)

you spoke about an existing I130, I don’t see where one could be ?

I knew I saw it somewhere...apparently it was in the tags only (prior to my post) + being posted in the family members forum. Dang...sounds like there is no pending/approved I-130 already.

Ugh...that can certainly extend the timeline quite a bit.

 

Option 1: Family-based immigration - the OP will need to file an I-130 for the spouse then wait for the PD to become current. ETA: ~2-2.5 years from filing to visa.

Option 2: Complete the employment-based visa process abroad.  The I-824 can still apply to an I-140, although this (employment-based green cards) is not a process I'm as familiar with so I don't want to misspeak. This is normally where the employer's attorney comes in.

Option 3: L-1 visas permit immigrant intent, so assuming they can get a new one, they can enter on that then do AOS from that.

 

Anything else realistic? Ugh, I hate that I missed the lack of I-130 originally...that definitely would have been the simplest process to get back into the US.

[SusieQQQ 11,585]

8 minutes ago, geowrian said:

 

Option 3: L-1 visas permit immigrant intent, so assuming they can get a new one, they can enter on that then do AOS from that.

 

 

OP needs to clarify if she was doing AOS from her own L1 or if she was a derivative on his. If it’s her own, then I assume the business she owns in the US will sponsor her for another. If she was a derivative on his, I’m not clear if he’s still on L status or already has a GC. Of course he needs to be LPR to sponsor her for F2 but if he is already LPR then she can’t be a derivative L status anymore.

Edited July 9, 2018 by SusieQQQ

[CND1975 3]

My wife was doing AOS from my LI (as an L2 I imagine).  We have not had that status since 2015 thought due to length of AOS with AAO etc.  Its. small business, can even a small business sponsor its owner?  That would be huge!  I am LPR.  Maybe our best bet, assuming her business cannot sponsor her, is to work for a multinational company while this is pending, and transfer L1 again once a job with same company is available in the USA?

[SusieQQQ 11,585]

20 minutes ago, CND1975 said:

My wife was doing AOS from my LI (as an L2 I imagine).  We have not had that status since 2015 thought due to length of AOS with AAO etc.  Its. small business, can even a small business sponsor its owner?  That would be huge!  I am LPR.  Maybe our best bet, assuming her business cannot sponsor her, is to work for a multinational company while this is pending, and transfer L1 again once a job with same company is available in the USA?

No, my comment in that regard was if it was that company had been her original L sponsor, but clearly not. If you could get a visa that way a million people would open a small company every year in the US.

re your second option, don’t you have to be working at least a year for the company before you can be transferred? If she can’t work for a while because of surgery, and then still needs to find a job at the appropriate level with the appropriate company and then eventually get transferred, I can’t see how going this route will end up being shorter than F2A. In your shoes, I’d file tomorrow for her under F2A. The longer you wait the longer it will be till she can get here. There doesn’t seem to be any magic bullet for you unfortunately. 

Edited July 9, 2018 by SusieQQQ

[Roel 7,191]

The only option is to file spouse visa again and wait 2 years. Sorry.  There is no ap/ead options available now. 

 

Should've done your research before believing a lawyer blindly. 

[Hypnos 6,576]

As stated above, your only option is to pursue an F2A-based I-130. It will take approximately two years for her priority date to become current. This cannot be expedited. 

 

You cede much of your leverage and options when you leave the US, as you've found out. 

[KeratNY 76]

12 hours ago, geowrian said:

Normally I would say try and hope for the best (use an airport with preclearance!), but given the history here I think she may be at risk for an expedited deportation if the CBP officer thinks she is trying to deceive them, which would add in a 5 year bar to the process (waivable, but delays the case further).

Just curious, why do you say use an airport with preclearance? Just to avoid having to fly then be denied? or is it better to be denied in preclearance because then they don't have to deport you?

[Boiler 43,698]

Realistically not likely to be anything much quicker than sponsoring her, theoretically a non immigrant visa allowing dual intent could work, but getting one...

[WeGuyGal 1,052]

37 minutes ago, KeratNY said:

Just curious, why do you say use an airport with preclearance? Just to avoid having to fly then be denied? or is it better to be denied in preclearance because then they don't have to deport you?

yep.. I surmise

[geowrian 22,336]

1 hour ago, KeratNY said:

Just curious, why do you say use an airport with preclearance? Just to avoid having to fly then be denied? or is it better to be denied in preclearance because then they don't have to deport you?

Correct on the former...better to be denied sooner rather than later IMO.

The (expedited) deportation piece applies at any POE, including preclearance, so no difference there. It's just generally easier to be turned down before an x hour flight.

While I have exactly zero stats for this, I also surmise they are a bit more lenient there since they deal with primarily Canadians.

[CND1975 3]

Thank you for the additional info geowrian.  Would land border crossing (driving over by Seattle) have roughly the same impact as pre clearance airport theoretically?  Or train crossing?  

[geowrian 22,336]

6 minutes ago, CND1975 said:

Thank you for the additional info geowrian.  Would land border crossing (driving over by Seattle) have roughly the same impact as pre clearance airport theoretically?  Or train crossing?  

Same IMO.

[SusieQQQ 11,585]

1 hour ago, CND1975 said:

Thank you for the additional info geowrian.  Would land border crossing (driving over by Seattle) have roughly the same impact as pre clearance airport theoretically?  Or train crossing?  

You’re getting the main point, right? That you need to file a new I130 for her? She has no resident status to come back in as and she can’t live and work in the US as a normal visitor.

[CND1975 3]

Yes SusieQQQ,  I am looking at a way for her to visit here several times while her I130 is pending.  Thanks for clarifying.  I have heard that some married B2s have stayed in US after changing mind on intent to stay after crossing.  My wife is not ready to abandon career/home in Canada at this point.  Just feeling out optjons should she get change her mind while here on B2.  Thanks you all for the great info and concern coming through!  Means a lot to be understood and helped.