Left country before GC or I130

[geowrian 22,335]

7 minutes ago, Ms.Claustrophobic said:

The important thing is that they guided me through. So basically, they helped me. 

Not sure what there is to guide here...they apply for entry (no visa or other paperwork needed except a passport as a Canadian) like anybody else.

[D and T 569]

58 minutes ago, geowrian said:

USCIS has no say here. CBP determines who can enter the country.

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! 😩

Edited October 5, 2018 by D and T

[milimelo 4,205]

Just now, 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

Nope, you won’t be let in on an expired K-1 and no AP. 

[D and T 569]

49 minutes ago, Ms.Claustrophobic said:

It did happen to me, and I did ask for a tier 2.

What happened? This same situation?

 

Please, could you please elaborate? What happened, did you leave the country under similar circumstances? And they allowed you back in without advance parole or green card?

[geowrian 22,335]

7 minutes 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.

The I-485 is automatically denied due to being abandoned when you exit without AP. This is in the INA (law), not something they can just overlook.

There is a possible exception for emergency circumstances (i.e. death of an immediate relative and even emergency AP would have been too slow could argue this...not sure if it would qualify still), but that doesn't seem to apply here.

You cannot re-enter with intent to immigrate without a suitable document permitting this (K-1 visa, other dual intent visas, AP).

 

You can attempt to re-enter as a Canadian using just your passport as a visitor and then return home before the expiration of your I-94 (you cannot enter with intent to stay or refile for AOS).

As stated, this is unlikely to be permitted with a recent AOS application...you have shown very recent immigrant intent and had abandoned significant ties to return Canada by applying for US permanent residency. But you are permitted to attempt to visit.

 

I do wish you the best. I know it's going to be rough, but the wait is only a minor setback compared to the rest of your time spent together afterwards. And he can visit you still fairly easily, so there's that...many of us have loved ones halfway across the globe so we're lucky to get to see each other only once or twice a year.

[ms.bluemargarita 13]

17 minutes ago, D and T said:

What happened? This same situation?

 

Please, could you please elaborate? What happened, did you leave the country under similar circumstances? And they allowed you back in without advance parole or green card?

Yes, I had the same situation. Struggles and all those marital woes. So I was supposed to go home to Asia and think of things, but the Tier 2 from USCIS wanted to make sure my greencard is all set before I go. Then I found out that the date of birth (in my GC) was incorrect so he advised to not go out of the USA because of the discrepancy of my card. He advised me though that I can go out only for a month, just to make sure, if in case I will take a vacation. 

 

If you dont have Advance Parole when you went out of the USA, I would recommend your husband visiting you instead. 

[Pennycat 880]

Sorry this has happened.

 

For what it's worth, the news regarding people's spouses being deported are not due to lack of evidence of marriage. More often than not, the foreign spouse was in the US illegally and they were trying to go through the process to legalize their status, or the foreign spouse had legal troubles that made them inadmissible (unable to get a green card) and they were going through the process to try to fix/waive that. Most of the time, these people had been in a legal limbo, with temporary authorized stay extended every 12-18 months, but they had to check in with ICE to re-authorize that stay. Recently, the stays hadn't been reauthorized and they were deported instead, which can come as quite a shock when you spent 15-20 years checking in as routine and then get put in a van and deposited over the border.

 

But none of this was applicable in your case. If they had felt there wasn't sufficient evidence for a bona fide marriage, they'd have asked you for more and given you a window of time to produce it. But marriage certificate, evidence of cohabitation and financial mingling is more than likely sufficient. They put the part about affidavits from friends and family in there for people who do NOT commingle finances to have a way to provide evidence. Whatever list you saw was a list of options, not demands. 

 

You are probably looking at needed a spouse visa now and I couldn't really hazard a positive guess on whether you'd get permission to visit, but it is certainly worth a try to contact whoever you can to see what can be done. Maybe an appointment at the consulate?

[DPP123 403]

@emekus94

[Unlockable 7,306]

1 minute ago, Ms.Claustrophobic said:

Yes, I had the same situation. Struggles and all those marital woes. So I was supposed to go home to Asia and think of things, but the Tier 2 from USCIS wanted to make sure my greencard is all set before I go. Then I found out that the date of birth (in my GC) was incorrect so he advised to not go out of the USA because of the discrepancy of my card. He advised me though that I can go out only for a month, just to make sure, if in case I will take a vacation. 

 

If you dont have Advance Parole when you went out of the USA, I would recommend your husband visiting you instead. 

Thanks for this clarification. It was greatly needed. 

 

18 minutes ago, D and T said:

What happened? This same situation?

 

Please, could you please elaborate? What happened, did you leave the country under similar circumstances? And they allowed you back in without advance parole or green card?

@D and T,

 

As you can see from @Ms.Claustrophobic response, she contacted USCIS before she left the country and was properly advised not to leave. You case is different. Heed everyone's advise here. I know Ms.claustrophobic's post gave you a glimmer of hope. But you really should be preparing to move forward with reapplying. Technically, you can attempt to re-enter, but be warned that it may be futile like @geowrian eloquently stated.

 

We understand that you are frustrated and upset. But your best course of action is to look into reapplying. We have seen it before where many posters advises the OP of proper thing to do, but then the OP clings to one or two posts of a small chance of being able to continue with their previous path. Like I said, it is understandable because you are in a bad place right now. But going to the border to give it a try like your husband suggest is really risky.

[D and T 569]

10 minutes ago, NuestraUnion said:

Thanks for this clarification. It was greatly needed. 

 

@D and T,

 

As you can see from @Ms.Claustrophobic response, she contacted USCIS before she left the country and was properly advised not to leave. You case is different. Heed everyone's advise here. I know Ms.claustrophobic's post gave you a glimmer of hope. But you really should be preparing to move forward with reapplying. Technically, you can attempt to re-enter, but be warned that it may be futile like @geowrian eloquently stated.

 

We understand that you are frustrated and upset. But your best course of action is to look into reapplying. We have seen it before where many posters advises the OP of proper thing to do, but then the OP clings to one or two posts of a small chance of being able to continue with their previous path. Like I said, it is understandable because you are in a bad place right now. But going to the border to give it a try like your husband suggest is really risky.

Thank you this is very wise. I agree. I cant' believe I was so mistaken but being distraught and having adjustment issues and other problems...it's life stuff, I just became completely overwhelmed and thought I had to just get away....and I completely misunderstood the consequences. 

 

I don't know what will happen now.

 

Thank you for clarifying what happened to you @Ms.Claustrophobic

[Boiler 43,450]

You can seek to visit but be prepared with plenty of your ties to Canada, property, job etc etc.

 

Or you can go through the CR1 process.

[D and T 569]

1 minute ago, Boiler said:

You can seek to visit but be prepared with plenty of your ties to Canada, property, job etc etc.

 

Or you can go through the CR1 process.

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.

[Boiler 43,450]

In that case best to wait until you are settled before trying a visit.

[D and T 569]

With thanks to all who have responded. It's understood now that an application for a CR1 is about our only hope.

 

What do you think our chances are of receiving that? I wonder if this has happened before, or anything similar?

 

Would the consulate understand and grant the visa?

 

Any thoughts or advice are again very much appreciated.

[Boiler 43,450]

I would not expect a CR1 to be an issue.