Entered on B2, married in US, filed AOS then left US

[Aichamia 0]

Hi everyone,

 

My case is very unique and I'm grateful to have come across this forum to seek help and advice. 

My husband and I have known each other for 2 years. Last year we both visited each other. He is a USC,living in US and I'm a Canadian citizen. In my most recent visit of 5 months, my husband proposed while I was in US (on B2 visa) and eventually we got married. Thats within 90 days. And we filed for AOS in June. I also filed for I-131 seeking permission to travel because I was starting to feel homesick and most importantly because I did not want to overstay and my B2 visa was going to expire on July 25. That I-131 was denied cus i missed the signatures and 2 photographs and my visa permit was too close to expire so I did not have time to refile. I tried looking it up and there was a lot of mixed information everywhere. I read how if your application is pending and you overstay then at any point it gets denied in the future, and you fly back to your home country, you would likely be banned for 3, 5 or 10 years. Some people said not to leave even if you have overstayed. However, this is all new to me and I thought maybe its better to leave US then re-enter after couple months so this way my B2 will be renewed for another 6 months and I avoid any overstaying.

But, now that I am back in Canada. 2.5 months later, I tried to go back to US but wasn't let in by CBP, 1) because I told them I'm visiting my USC 2) they want me to show documents to prove my ties to Canada.

I didn't realize the severity of this. I now know it was very stupid to not have consulted with a lawyer.

Now I have gotten in touch with over 20 lawyers and again I'm getting mixed feedback but I do not want to jeopardize my immigration case even more.

 

Here are the 2 options that lawyers are giving me (firstly I need to remember my ongoing AOS i-485 will be deemed abandoned, understood. But I can save my i-130)

 

1) To wait for i-130 to be approved. Then request the AOS to be transferred for construction processing (duration is about 1.5 year, except one person said it could be 6 months since you're a Cdn, given COVID-19  mandatory quarantine, my husband won't be able to visit every so often and wants to avoid this route)

 

2) Build a case to prove my ties to Canada, I.e. get a job, have lease agreement, bank stmts etc to satisfy the CBP officer at the POE. Then once Im inside US, I could refile AOS thru a lawyer and they would file a waiver for immigrant intent. (1 year duration, but I will be with my spouse) 

 

P.S.

There is no stamp on my Passport for denied entry when I tried to enter thru Pearson Airport . They made me sign a form where I was voluntarily withdrawing my petition and provided the reason that under INA 7A something, I could not satisfy Non-immigrant intent.

The CBP officer told me to come back but with documents. And that i would need those documents if I am taking this route.** "airport"

 

Secondly, my husband is really alone in US, he doesn't want us to spend time away  as we are just starting to live together.  He wants to avoid consular processing since I won't be allowed to travel to US.

 

Please help me out there. I'm very worried about which way to go. I want to do things right and avoid any complications. 

Edited October 1, 2020 by Aichamia
*missed information on I-13 denial*

[milimelo 4,504]

Option 2 is immigration fraud. 

 

The only path forward for you now is consular processing. You may need to file I-824 to get your approved I-130 (when it's approved) to NVC and then Canada.