Left country before GC or I130

[TBoneTX 43,058]

You'd have to go through the USCIS phase on their regular molasses-like schedule.

Then, the same during the consular phase.

You might have to show the "solid" or "stable" nature of your marriage, but that should be no problem by that time.

[D and T 569]

2 minutes ago, TBoneTX said:

You'd have to go through the USCIS phase on their regular molasses-like schedule.

Then, the same during the consular phase.

You might have to show the "solid" or "stable" nature of your marriage, but that should be no problem by that time.

Could I ask, what do you think constitutes showing solid or stable marriage after fleeing like an idiot like this?

 

Also, is it right to assume there's no punishment or punitive measure taken by the consulate? In other words, this action though foolish would not be grounds for denial?

[TM92 527]

47 minutes ago, D and T said:

I have no ties to Canada except a bank account and family. Not even a car in my name.

First, make sure the I-485 process is over. You can call and try to cancel both the interview appointment and the I-485 application. You can also try to send a letter to the Field Office that has your I-485 explaining that you left the US without AP, thus your current I-485 application is now invalid. Also, only USCs are guaranteed entry to the US. Your entry will be based on CBP's discretion. To try to convince CBP about your intent to return* to Canada, you should travel with evidence that proves that (the more the better).

*Here is a link to an anecdotal thread. It shows that CBP tends to be lenient to Canadians compared to other nationals. By no way its a direct comparison to your case; its like comparing apples and oranges.

22 minutes ago, D and T said:

Could I ask, what do you think constitutes showing solid or stable marriage after fleeing like an idiot like this?

At the embassy stage, you can explain that you misunderstood the process and that your marriage is bona fide.

24 minutes ago, D and T said:

Also, is it right to assume there's no punishment or punitive measure taken by the consulate? In other words, this action though foolish would not be grounds for denial?

None. They understand that things happen.

Edited October 5, 2018 by TM92

[TM92 527]

@D and T just a FYI, if you enter with a IR-1/CR-1 visa after June 14, 2020 you will receive a 10 year GC and avoid going through ROC; thus you'll also save on the I-751 fee: https://mypathtocitizenship.com/convert-cr1-ir1-visa-married-2-years-poe/. But if your CR-1 process goes quickly, don't sweat it. You'll have 2 years from POE before going through ROC.

Edited October 5, 2018 by TM92

[TNJ17 1,329]

7 hours ago, D and T said:

My husband thinks it might be worth trying to cross the border and explain. Tell them what happened and see if they will allow me to go back in to attend my interview.

 

Any thoughts are welcome and I can't thank everyone enough for their sympathy and kindness towards me after doing such a stupid thing. We are both heartbroken! 😩

Good luck with that. That’s not how this works. This is not something that’s at the discretion of the officer. You simply don’t have the paperwork. You chose to be careless and not follow the rules. Do t waste your time. Or do no one here cares. You came and asked for advice. We told you how it works and what your options are. We didn’t tell you our opinions on things. We have you facts. But by all means try to get back in the country without a valid visa or AP then come back here asking us again what to do when you are denied at the border. 

[TNJ17 1,329]

6 hours ago, D and T said:

I have no ties to Canada except a bank account and family. Not even a car in my name.

 

Thank you very much though I appreciate your help so much.

Yeah they’re not gonna let you in with that. That’s literally no ties. 

[TM92 527]

8 minutes ago, TNJ17 said:

This is not something that’s at the discretion of the officer.

8 minutes ago, TNJ17 said:

But by all means try to get back in the country without a valid visa

For average Canadians, no visa is required for tourist visits (entry is still at discretion of CBP): https://help.cbp.gov/app/answers/detail/a_id/619/ That said, OP's situation is not like the average Canadian.

[TNJ17 1,329]

26 minutes ago, TM92 said:

For average Canadians, no visa is required for tourist visits (entry is still at discretion of CBP): https://help.cbp.gov/app/answers/detail/a_id/619/ That said, OP's situation is not like the average Canadian.

That’s irrelevant. She’s not just a visiting tourist. She tried to immigrate and left before given authorization. She’s already shown immigrant intent, has no ties to Canada, and has a US husband she wants to come back to. She’s not getting in without a new immigrant visa regardless of where she’s from. 

[TM92 527]

23 minutes ago, TNJ17 said:

That’s irrelevant. She’s not just a visiting tourist. She tried to immigrate and left before given authorization. She’s already shown immigrant intent, has no ties to Canada, and has a US husband she wants to come back to. She’s not getting in without a new immigrant visa regardless of where she’s from. 

True, OP should not be surprised if she is denied entrance as a tourist. Regardless, OP should ensure the I-485 process reflects as over in USCIS records. If OP wants to test the waters, she can try traveling as a tourist through a preclearance airport like @geowrian mentioned.

Edited October 6, 2018 by TM92

[D and T 569]

On 10/5/2018 at 7:56 PM, TM92 said:

True, OP should not be surprised if she is denied entrance as a tourist. Regardless, OP should ensure the I-485 process reflects as over in USCIS records. If OP wants to test the waters, she can try traveling as a tourist through a preclearance airport like @geowrian mentioned.

Okay, thank you so much.

 

Hypothetically speaking:  Let's say, if we send in our CR1 application and get our NOA1 all in order, and if I were to procure a lease, and a car, and job to buttress my case for having ties in Canada...say we get all that in place and I attempt to travel through a preclearance point. I understand that they may still turn me back and that no one can say for sure either way.

 

 

Obviously I would tell the officer the truthful reason for my visit, which is to visit my husband.

 

Would there be any negative consequences to the CR1 case if I were turned away?  Or any other negative consequences just for trying to cross and being turned away?

 

I seem to have the idea that the attempt in itself could make another negative mark for me. Is this true or just another wrong assumption?

 

With sincere thanks again to every one  trying to help me.

 

Edited October 7, 2018 by D and T

[Boiler 43,432]

I would give it a go and no downsides.

[TM92 527]

27 minutes ago, D and T said:

Obviously I would tell the officer the truthful reason for my visit, which is to visit my husband.

 

Would there be any negative consequences to the CR1 case if I were turned away?  Or any other negative consequences just for trying to cross and being turned away?

 

I seem to have the idea that the attempt in itself could make another negative mark for me. Is this true or just another wrong assumption?

Like you said, you would be truthful (everyone should always be truthful to avoid misrepresentation bars). If CBP still does not want to grant entry as a tourist, then they will allow you to voluntarily withdraw application for admission and immediately leave* (thus zero negative consequences).

*If in a U.S. airport, it will be on next flight back. If at a land border, walk/drive back. If at preclearance location, you are already outside the U.S.

[D and T 569]

1 hour ago, Boiler said:

I would give it a go and no downsides.

Thank you very much!

1 hour ago, TM92 said:

Like you said, you would be truthful (everyone should always be truthful to avoid misrepresentation bars). If CBP still does not want to grant entry as a tourist, then they will allow you to voluntarily withdraw application for admission and immediately leave* (thus zero negative consequences).

*If in a U.S. airport, it will be on next flight back. If at a land border, walk/drive back. If at preclearance location, you are already outside the U.S.

Okay, this is very good to know.  Thank you again for all your help!

 

My heartfelt appreciation again for all the kind assistance I've received from you lovely VJers this week.  🙂

[geowrian 22,335]

3 hours ago, D and T said:

if I were to procure a lease, and a car, and job to buttress my case for having ties in Canada

I also encourage you to try a visit. So long as your are honest, it won't hurt your case.

At the same time, to be honest those aren't really going to be seen as ties in your case. (Strong) Ties are built over time. A brand new lease, job, and car can be abandoned almost instantly with little to no consequences (well some monetary consequence for the lease...).

[Lemonslice 4,553]

On 10/5/2018 at 7:39 PM, TNJ17 said:

That’s irrelevant. She’s not just a visiting tourist. She tried to immigrate and left before given authorization. She’s already shown immigrant intent, has no ties to Canada, and has a US husband she wants to come back to. She’s not getting in without a new immigrant visa regardless of where she’s from. 

Thousands of Canadians with immigrant intent are visiting each year.  Abandonning her AOS and applying for a spousal visa should not preven her from visiting once she is settled back in Canada.

 

@D and T - Before applying for a spousal visa, I think you should consider having your spouse move to you.  If the experience of moving to the USA was... not great... maybe your spouse would find it easier to come to you.  Food for thoughts before you file again.  Best of luck.