Canada to US, now US to Canada. Help?

[mess 0]

Ok, here is the scoop and I need big help if you have ANY experience in this particular matter. Thanks in advance!

Canadian husband decided to immigrate here via K-1 in 04. We have followed ALL the rules and did everything leading up to AOS timely and correctly.

As of August of this year he received an EAD denial based on the fact our I-485 was denied. We called USCIS that day to figure out what was going as we had never heard anything of a denial going on. (We check periodically to see how our case was moving along - we had always been told "It looks fine, everything is pending".)

The immigration officer we spoke with that day jokingly said it could take forever to be approved and that of course 3 years wasn’t a ridiculous amount of time for NO correspondence. He also mentioned that our case did not show denied but that it was still pending.

Being the pessimist that I am we decided to make an appointment at our local office. The immigration officer that checked us in said that any denial would have gone back to the original address that we put on the I-485. We currently reside at that address and have not received a word.

Of course when we went back to sit down with an immigration officer she had a completely different story to tell. Without even looking at our paperwork she said "There is nothing I can do for you." My husband asked her kindly to at least look at our documentation. She said your case is denied and I don't know why - you will have to ask for that in written format. I said to her no offense but all of your correspondence seems to get lost in the wind, which is the whole reason we are here.

She offered up that we could file a motion to re-open the case but then she stated that we only had 30 days to do it and that clock started ticking on 9/14/07 even though our paper says we were denied in '05??? Then she continued to say that it would cost $400 and there is no guarantee at all that it would make a difference b/c we don’t actually have "the" denial letter.

Our second option is to totally start over and re-apply at a $1000. And she went on to say that because we have a previous "denial" that it brings our case possibility down largely.

At this point, we have trekked the US immigration path for 4 years and are absolutely no closer than we were.

Our idea is to turn around and try for me to immigrate into Canada.

I’m not sure what will involved and if it will be any harder or easier but I would rather take a new path at this point than travel down the same old one.

ANY comments, advice, etc would be IMMENSELY appreciated.

Thank you!

[Shub 78]

For starters, it can be done. It also looks like it is less complicated than in the USA, but that's only based on my skimming through the website of Canada's immigration services (http://www.cic.gc.ca).

Specifically:

http://www.cic.gc.ca/english/immigrate/spo...e-apply-who.asp

It seems that the Buffalo office of CIC handles the kind of application you would be looking at.

This page has information on how long you should expect to have to wait for:

http://www.cic.gc.ca/english/information/t...-fc-spouses.asp