AnniewithaV

My husband went to the border prior to me driving there to find out if I could visit for the weekend. They will not allow me to enter even just to visit until there's been a change in status.

We filed May 29th and got our NOA in the mail yesterday, June 6th.

haha I wouldn't say lucky me. We have already gone through the K1 Visa process was approved got married and unfortunately I had to leave to attend court and they removed my visa and now we are starting all over again.

Thank you for your quick reply! I was worried I wouldn't be able to go to our home for a year.

We have recently gotten our NOA that they have received our Petition. Does anyone know if you can visit the US while this is in progress?

The border guard said she may not reenter without some sort of action. They couldnt specify what action because they didnt know, but made it sound like if I had a receipt of an I130 (I797C NOA1)that at least shows that we are attempting to stay legal. Most of the guards were very nice and "wish there was something they could do" but there only needs to be one guard that says no. If she can just visit during our wait for approval, that would be sufficient and solve a lot of problems.

As for the mobility case, it was never clear what requirements were necessary to move according to the canadian family government (kind of like being a newbie to uscis) so initially all we did is notify the father of her intent to move about 6 months prior to the move date. He consented to allow his daughter to travel in and out of michigan every weekend and for several weeks over the summer without any problems, until the week following her move date. Then suddenly he files an emergency motion for custody. Long story short, he is only trying to make my wifes life "a living hell" literally quoted from an email he sent, and his only intent for filing custody is to delay our process and screw things up as his lawyer explained to our lawyer. Coincidentally our lawyers work out of the same building and know each other. We are extremely confident that we will win the custody case mostly because he really is just a loser that failed to launch (ie lives with parents for the last 10 years with his girlfriend and new baby, barely holds a job, no vehicle etc.) And confident we will be granted mobility because the move is only a 3 hour difference in drive time, and his visitation access will not be affected. I can not move because I have a son that i get visitation on the weekends, and also my carreer is our financial support. I am going to file for CR-1 before results of the mobility case to save the waiting time. I would rather spend the $840 and risk getting denied mobility than to wait and be without my family for another two months.

Thank you all for your interest support and guidance. I am filling out I130's now and will keep you posted on the process.

Thank you for your replies. I had read about the K3 being a mute point while waiting for the I130 approval but was hoping for a way to allow her to return asap. The USCIS website seems to be a bit outdated and sometimes sends you in circles. Since the K3 is no longer an option, will I still need to file the I129F after the I130? I will the I130 be sufficient until further direction from the USCIS?

Can you please clarify why the K3 is no longer obtainable.

Is the I-130 the form used to file for CR-1?

When I spoke of my wife losing her residence, I meant her place of residence in canada.

I still wonder if there is some way to allow my wife to reenter without having to repeat the waiting process.

Thank you for your replies, more comments and suggestions are welcomed.

My canadian wife fulfilled her k1 visa when we got married in vegas april 23, 2012. 3 days later she was summoned to canada for an emergency hearing about her mobility case with her 6yr old daughter that she plans to move to michigan with us. (the father is opposing the move by filing for custody). My wife had to leave the US on her k1 without filing any status change or advance parole due to the short hearing notice and now has been refused reentry into the US. The border patrol removed her I94 from her passport and will not allow reentry without some sort of action (that they cannot specify because they dont know). My wife currently rents a room from a friend in canada who has recently sold their house and will be moved out by end of june, which means my wife has to move somewhere else. That is about the same time we expect to hear a result from the mobility case. We need some kind of relief to either restore the k1 visa or expedite a k3 visa so she can reenter the US before she loses her residence. We know the process for a k3 which is almost identical to the k1, will we have to go through all the same motions and waiting periods again? What can we do?