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

[Crazy Cat 39,737]

14 minutes ago, CND1975 said:

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.

Really?  So she previously planned to remain in the United States, and even filed for Adjustment of Status.  But now that she is "trapped" in Canada, she has no plans to "abandon career/home in Canada " and come to the United States on a B2 and adjust status?  Good luck in convincing a border agent.

[Pedrita 21]

I feel so very sorry for you guys.

 

I made the same mistake your wife did 3 years ago when I left to Brazil with an expired American visa, in the middle of our AOS process and following someone’s wrong advice as well.

 

My husband and I got desperate when I realized I couldn’t go back any time soon - we contacted the US Embassy in Brazil, he made an appointment at a service center etc and it didn’t help much - my AOS process was considered abandoned.

 

we then had to start it all over again and apply for a CR-1 visa. Our process took 10 months from beginning to end. It was horrible to live 10 months apart from my husband but my advice to you is to apply for the CR-1 for your wife ASAP - it’ll be a long and tedious process.

 

oh, also when I went to the visa interview in Brazil for my CR-1 the officer had the cancelled AOS in my file and I had to explain myself - just tell the truth and admit that I didn’t know what I was doing. He also had in file a letter that my husband wrote on his appointment at the service center explaining how it all happened and withdrawawing from our former AOS. Upon interviewing the officer did match my version of he story to the letter my husband had written and it matched perfectly (and I think that was what saved our a***)  - maybe you should schedule an appointment at your local service center, be upfront with them and they will most likely request you to write a letter right there explaining everything; you can’t brong it from home - it has to be done in person, in front of the officer at the service center.

 

and be patient. It will take a while but it will work out in the end.

 

Finally, you will hear many advice here saying that she will never be able to come back etc - I did a lot when I asked the same question here 3 years ago. Don’t panic, it’s not true, as long as you go to the service center ASAP to explain your situation and she tells the truth in the CR-1 interview. Do NOT wait until the interview letter for the abandoned visa comes! 

 

i hope this was helpful. Best of luck to you and your wife. 

 

 

Edited July 9, 2018 by Pedrita

[SusieQQQ 11,585]

32 minutes ago, CND1975 said:

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.

You’re an LPR, not a citizen. She needs to wait for a visa number to AOS, unlike a spouse of a citizen. That’s two years before her PD is current, which means she’ll overstay her B visa by around 18 months. And because you’re not a citizen, that overstay won’t be forgiven, so she’d be deported and banned for 10 years. I’m sure that’s not an outcome you desire. So I’d strongly suggest you tell her not to “ change her mind”.

[mushroomspore 3,043]

45 minutes ago, CND1975 said:

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.

It is doubtful she will be able to enter as a visitor any time soon. CBP will see the abandoned AoS on their system and be very suspicious of her intentions as she has already shown immigration intent. Yes, they are lenient to us Canadians for the most part but as soon as you enter the immigration process and have that history on your record, it's a whole new game. You need to let a good amount of time pass before she even tries to visit. It'd be better for you to see her in Canada in short bursts here and there.

 

As for the whole "changing your mind on B2", don't even think about that. The fact you're bringing it up now while your wife is not in the US has basically already turned into preconceived intent. She would not be able to adjust right away as you are not a US citizen, as SusieQQQ just pointed out above. 

 

The other option is to wait until you become a citizen to petition her.

Edited July 9, 2018 by mushroomspore

[Boiler 43,788]

G to hear she has a job and a home for some reason I had assumed otherwise.

Edited July 9, 2018 by Boiler

[WeGuyGal 1,052]

47 minutes ago, Pedrita said:

we then had to start it all over again and apply for a CR-1 visa. Our process took 10 months from beginning to end. It was horrible to live 10 months apart from my husband but my advice to you is to apply for the CR-1 for your wife ASAP - it’ll be a long and tedious process.

 

oh, also when I went to the visa interview in Brazil for my CR-1 the officer had the cancelled AOS in my file and I had to explain myself - just tell the truth and admit that I didn’t know what I was doing. He also had in file a letter that my husband wrote on his appointment at the service center explaining how it all happened and withdrawawing from our former AOS. Upon interviewing the officer did match my version of he story to the letter my husband had written and it matched perfectly (and I think that was what saved our a***)  - maybe you should schedule an appointment at your local service center, be upfront with them and they will most likely request you to write a letter right there explaining everything; you can’t brong it from home - it has to be done in person, in front of the officer at the service center.

 

and be patient. It will take a while but it will work out in the end.

 

Finally, you will hear many advice here saying that she will never be able to come back etc - I did a lot when I asked the same question here 3 years ago. Don’t panic, it’s not true, as long as you go to the service center ASAP to explain your situation and she tells the truth in the CR-1 interview. Do NOT wait until the interview letter for the abandoned visa comes! 

 

OP is an LPR, not a US citizen. He petitions her for F2a visa, which takes about 2 years for a visa to be available. 

 

Not that it matters, but curious if both are naturalized Canadian citizens, or citizens by birth. 

 

As a Canadian citizen, the wife may attempt to enter the US for short visits, but she could be denied entry because her immigrant intent would be obvious to CBP based on her AOS filing. Even if she is allowed to enter the US, many here have rightfully suggested that she return back to her life in Canada after a short visit and await the F2a consular processing in Montreal. 

[Hypnos 6,576]

I don't imagine she'd be granted entry - even for brief periods - anytime soon, with all of this still swirling around. And CBP have access to all of this information in their systems. 

[Geeg 0]

Hi, thanks all for your responses.  this is the wife here.  although we don't trust a word this lawyer says now, she states that it will only be 2-3 months for the consular processing and that we do not need to restart from scratch.  ???

 

For the record, we didn't trust this lawyer blindly.  after her advice, we paid maggio and kattar, one of the top legal firms in US for immigration, a consult.  they also overlooked that my leaving meant abandoning the GC.  

 

no words can describe how awful this has all been.  we had 3 weeks notice before the 3 yr ban for me to pack up our lives in the us and for me to find a new one in canada.  

 

we have been extremely diigent in the entire process but with so much going on, we trusted that the consult would have caught anything this lawyer missed.  it's beyond crushing.  and naturally, this lawyer is stating that she strongly urged us both to stay in the country.  I'd laugh at the blatant lie, but nothing about this is funny.

[EM_Vandaveer 2,370]

9 minutes ago, Geeg said:

Hi, thanks all for your responses.  this is the wife here.  although we don't trust a word this lawyer says now, she states that it will only be 2-3 months for the consular processing and that we do not need to restart from scratch.  ???

 

For the record, we didn't trust this lawyer blindly.  after her advice, we paid maggio and kattar, one of the top legal firms in US for immigration, a consult.  they also overlooked that my leaving meant abandoning the GC.  

 

no words can describe how awful this has all been.  we had 3 weeks notice before the 3 yr ban for me to pack up our lives in the us and for me to find a new one in canada.  

 

we have been extremely diigent in the entire process but with so much going on, we trusted that the consult would have caught anything this lawyer missed.  it's beyond crushing.  and naturally, this lawyer is stating that she strongly urged us both to stay in the country.  I'd laugh at the blatant lie, but nothing about this is funny.

Absolutely stupid lawyer, fire them ASAP. As a spouse of LPR, you have to wait for a visa in number to become available to you. That takes about 2 years and there is absolutely no way to speed it up. Your husband needs to file an I-130 for you so that clock starts on the 2-year wait for a visa to become available.

The only thing I can think of that they mean to use an old I-130 that was filed for you by your husband. Has this ever happened?

Edited July 9, 2018 by EM_Vandaveer

[mushroomspore 3,043]

10 minutes ago, Geeg said:

Hi, thanks all for your responses.  this is the wife here.  although we don't trust a word this lawyer says now, she states that it will only be 2-3 months for the consular processing and that we do not need to restart from scratch.  ???

 

For the record, we didn't trust this lawyer blindly.  after her advice, we paid maggio and kattar, one of the top legal firms in US for immigration, a consult.  they also overlooked that my leaving meant abandoning the GC.  

 

no words can describe how awful this has all been.  we had 3 weeks notice before the 3 yr ban for me to pack up our lives in the us and for me to find a new one in canada.  

 

we have been extremely diigent in the entire process but with so much going on, we trusted that the consult would have caught anything this lawyer missed.  it's beyond crushing.  and naturally, this lawyer is stating that she strongly urged us both to stay in the country.  I'd laugh at the blatant lie, but nothing about this is funny.

All I can say is, "#######????????". Consular processing does NOT take 2-3 months and this is true for ALL the consular visa categories. Don't talk to this lawyer anymore. Not sure why you're in contact at all after they messed up your lives like this already.

[WeGuyGal 1,052]

13 minutes ago, Geeg said:

Hi, thanks all for your responses.  this is the wife here.  although we don't trust a word this lawyer says now, she states that it will only be 2-3 months for the consular processing and that we do not need to restart from scratch.  ???

 

For the record, we didn't trust this lawyer blindly.  after her advice, we paid maggio and kattar, one of the top legal firms in US for immigration, a consult.  they also overlooked that my leaving meant abandoning the GC.  

 

no words can describe how awful this has all been.  we had 3 weeks notice before the 3 yr ban for me to pack up our lives in the us and for me to find a new one in canada.  

 

we have been extremely diigent in the entire process but with so much going on, we trusted that the consult would have caught anything this lawyer missed.  it's beyond crushing.  and naturally, this lawyer is stating that she strongly urged us both to stay in the country.  I'd laugh at the blatant lie, but nothing about this is funny.

Did the lawyer specify what will take only 2-3 months? 

 

Bears repeating many lawyers are liars! 

[geowrian 22,336]

The other thought is that the existing approved I-140 is being used for consular processing, although this would need to 1) be sent from USCIS to NVC, 2) go through NVC processing, and 3) go through embassy processing. Steps 2-3 may be the 2-3 months (although this seems a little on the low side as well). Step 1 is an unknown to me (I-824, unless they can get USCIS to do so w/o the I-824 somehow?).

Again, I'm not sure if the above mentioned process is still possible, so this may all be moot. The attorney involved should know more about that aspect.

 

If the OP ends up going through family-based immigration, it will be at least 2 years with no ability to expedite most of the time.

[Geeg 0]

Form i824 takes 2-3 months...?  https://www.uscis.gov/i-824

[SusieQQQ 11,585]

34 minutes ago, Geeg said:

  it's beyond crushing.  and naturally, this lawyer is stating that she strongly urged us both to stay in the country.  I'd laugh at the blatant lie, but nothing about this is funny.

So the lawyer gave you bad advice, lied about it...and your response is to stick with them?!

[SusieQQQ 11,585]

1 hour ago, geowrian said:

The other thought is that the existing approved I-140 is being used for consular processing, although this would need to 1) be sent from USCIS to NVC, 2) go through NVC processing, and 3) go through embassy processing. Steps 2-3 may be the 2-3 months (although this seems a little on the low side as well). Step 1 is an unknown to me (I-824, unless they can get USCIS to do so w/o the I-824 somehow?).

Again, I'm not sure if the above mentioned process is still possible, so this may all be moot. The attorney involved should know more about that aspect.

 

If the OP ends up going through family-based immigration, it will be at least 2 years with no ability to expedite most of the time.

 

1 hour ago, Geeg said:

Form i824 takes 2-3 months...?  https://www.uscis.gov/i-824

NVC in step 2, or NBC? This couldn’t be done at a US service center because it’s for CP, is that right? According to uscis, an I824 takes 10.5 to 13.5 months to process at NBC.  Official link: https://egov.uscis.gov/processing-times/

California service center is 2-5 months, if it’s possible it gets done there. The other in-US SCs are mostly around 6-8 months. No “2-3” anywhere for I824.

Edited July 9, 2018 by SusieQQQ