D and T

1 hour ago, Boiler said:

I have heard of people being issues two A numbers by mistake.

 I'll take that as a "yes we should supply the number", then. Thanks!

Went through K1 Visa process a few years ago, ended up leaving the US without adjusting status. No green card, no nothing. Long story short, we stayed in contact, never divorced or even filed for a legal separation, and are now attempting to apply for a 1R1 visa. 

Alright, so the I-130 clearly asks for an A number (if any) on the form.

My husband says we should leave it blank. He thinks they will assign another one since this will be an entirely different case/process.  We tried researching this, but ended up more confused.

So could I ask, please: Should the alien number I already received for the old case be supplied on the new form?

Thanks very much in advance.

 

Hello everyone, it's been a long time since I logged into the site. And it's beena long two years for my husband and me.

Please see this thread

for an explanation of what happened, and also you can check my timeline for a fuller picture if you like.

My husband and I have stayed in close contact during our period apart, spending a lot of time together online via Zoom etc.

So basically, we both had plenty of time to contemplate, talk things through, and we want to give the marriage another shot.

Today we began to fill out the paperwork for an I130.

However, in the instructions for filling out the I130, under the heading:  You may NOT file Form I-130 for a person in the following categories,

Part 6B:  Spouse: Your spouse has lived outside the United States, after the marriage, for a period of at least two years;

I am not sure exactly if this applies to our situation.

We did live together in his home in the US for six months from my arrival on March 26 2018, to my exit on Oct 3 2018.

We were married on June 14 2018.

My online research doesn't return much helpful info.  Could anyone shed any light on what this means/whether it applies to us?

Is there perhaps a different visa or procedure we need to be looking at?

Thanks in advance for any responses!

In addendum: Sadly, I don't know if my husband and I will be reconciling at this point.

But I thought I would continue to supply information as I learn it in case it helps anyone else suffering through a similar scenario.

I called the number on the I797C to let them know what had happened.  Due to the first call becoming disconnected, I ended up speaking to two officers. Both were very professional, extremely sympathetic to my distress and very kind and decent. 

So they explained that I would have to mail a letter to the local office and explain what happened. Even though the field office won't receive the letter until after my scheduled interview date, she said it's still good for my record for them to know that I didn't miss my interview out of ill intent or apathy. She said that they would contact me after receipt of the letter and advise how to close or cancel my I485.

I'll continue to update with helpful info if any in future.

2 hours ago, Boiler said:

Well it will take a bit of time but you have the mega advantage of being Canadian so your chances of being able to visit in the relatively near future are much higher.

If we could get the spousal petition done and have the NOA1 on hand for that, I wonder if they'd let me visit him for the holidays.

Or is that pushing it? I'll have a lease by then and maybe a car but a job will be a little tougher. Well we'll see I guess. Nothing else to do.

Thank you so much again 🙂

19 hours ago, geowrian said:

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...).

I can only do so much about ties to Canada at the moment, but surely the reasons why would make sense to any officials looking at my case. I'd already disposed of my apartment and vehicle and so on, in order to immigrate on the K1 visa. It's not like I was just a vagabond or a transient or anything like that, so it does seem like it should be understandable if not ideal.  I can only try it and see what happens, if I get that far.  Again, thank you so much for your kind assistance. 🙂

17 hours ago, Lemonslice said:

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.

I had the same thought myself,  that there must be lots of Canadians in various stages of processing visiting the US all the time. I wondered if customs officials would really be so unyielding in a case like mine where there was never any ill intent.  If they are suspicious then that's a different thing, and they certainly should be keeping out people who are trying to jump the line or enter illegally.

So, you don't feel that my lack of strong ties would be a big deterrent? As I mentioned elsewhere, the fact that I no longer have such ties is simply because of my marriage and relocation and no other reason. It's certainly not unreasonable or illogical but in any case I must abide by their judgment.  

Having my husband move here unfortunately isn't an option at the moment but if we can repair this mess, it may not be completely out of the question in future.

Thank you so much for your advice and taking an interest in my dilemma. I appreciate your thoughts very much! 🙂

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.  🙂

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.

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?

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.

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.

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

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?

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! 😩

4 minutes ago, geowrian said:

You are free to apply for entry (via land or air). As noted above, a recently filed I-485 is going to be a very negative factor regarding immigrant intent for at least some time (year(s)), so always be prepared to be denied entry. If traveling via air, go through an airport with preclearance (https://www.cbp.gov/border-security/ports-entry/operations/preclearance) so you will know sooner rather than later.

Thank you, I appreciate your help very much.

Thank you all for your sober advice. I had all this backwards apparently and yes being panicked just cost us everything.

Any idea then about whether I will have problems travelling to the US now, even just for a holiday? Will there be a secondary inspection? Will I have to show ties to Canada or just be denied entry?

3 minutes ago, little immigrant said:

Are you planning on getting back together? After all you are married. It's not like a relationship where you can just break up. 

 

Yes im sure about the evidence. I feel like you are very anxious and the media coverage about immigration doesn't help. Don't pay attention to it. It'll just drive you nuts. 

 

Reconcile with your husband and go the spousal route. 

 

@geowrian @Hypnos @Roel @pushbrk tagging you knowledgeable people to find out if the I-130 has to be filed again? Or can the current one be transferred? 

 

Yes, we are married, that's right. We could get back together but we're still in shock. Devastated and in shock. I haven't been thinking straight for a long time actually, due to stress and so on. I feel like I was stupid and hasty. Yes I'm very anxious about immigration.  We hardly had any evidence to send with the application. Didn't even send photos since we thought we'd be asked at the interview. All we sent was the marriage certificate and an insurance card. That's it. There's no way that's enough, it's stated all over the net that they want witnesses because normal people aren't hermits like us.

Since we have so little proof I thought there was a real danger of deportation due to the adjustment difficulties and the lack of evidence.  I thought I would face extreme consequences.   I feel like such a fool! I'm devastated. I hope other people read this and think things through better.

23 minutes ago, little immigrant said:

Because you already sent some evidence with the I-485.

 

Yes a little over a year I believe. 

 

I don't know about visiting. 

 

Well what is your current relationship status? Are you guys talking about getting back together? 

 

I would let them know that you need to cancel your I-485. I wouldn't go into much detail why.

 

I'm not sure if a new I-130 needs to be filed by your spouse or if they can transfer the existing to your consulate. Hopefully someone more knowledgeable will chime in. 

Okay, thank you.

Our current relationship status is sadness mixed with shock mixed with regret. 😩

Are you sure there was no chance of being deported for lack of evidence? I thought they were cracking down on everyone.  I thought being deported carries large consequences for travelling to the US ever again even for a holiday, never mind getting a visa or green card.

Thank you everyone for your responses.

I'm sorry forgot to ask whether I should phone the USCIS office and talk to them? At least to cancel or withdraw the application for PR. Seems like a better thing to do than just not show up.

Also, what do we say to apply for the spousal visa, if we do that? Just tell them we split up and then decided not to go through with the divorce?

No I did not have Advance Parole. They went straight to the interview for the green card without advance parole.

1 hour ago, little immigrant said:

Sounds like your husband needs to petition you for a spousal visa. 

 

By the way they wouldn't have just deported you. If they needed more evidence they would have asked for it already.  

What? How do you know they would ask?  The paperwork says to bring all this evidence.

So if we're to get back together, it's another years wait?

Would I be allowed to visit?

I think I did a dumb thing.

My husband and I were married in June and have been having adjustment issues like so many do. But after a bad fight, I packed up and left the country. We had an appointment for the GC interview next Friday the 12th. 

I was worried about being deported due to lack of evidence of bona fide marriage anyway, namely, we have no friends or witnesses to testify that we got married or that we are having a real marriage...which we are, or were, we were just having problems. I'm sure USCIS doesn't care about that, rather, they just care that it's a real marriage.

But without proof beyond a joint bank account, the marriage certificate, some joint bills in my name and one Facebook post where I showed some pictures and received some congrats...that's it. We got nothing else, no proof of witnesses which they expressly ask for.

So I was worried that they would just say it wasn't good enough since most people at least have two friends who can say they're really married, or one family members. We have literally no one, it was just us two at the quickie marriage place. I mean, we're older, this wasn't the first marriage for either of us so we didn't care about having a big party or ceremony. We just wanted to be together.

Anyhow I was afraid they'd just deport me due to lack of evidence and then, I would be permanently banned from the country after that.  I mean, I don't know,  I'm not thinking straight. Things have been so difficult!

I do love my husband, always did, and certainly don't care about getting a green card just to live in the US. Never cared about that, only cared about being with him.

After months of uncertainty and back-and-forth,  I cracked like an egg I guess. I panicked and came back to Canada. I cried all the way back pretty much. My husband is very upset as well.

Oh cr4p this sucks. So what now? What if we wanted to get back together? Are we screwed?

2 hours ago, KandW said:

Hey! I remember you! Nice to have someone I’m familiar with! Good luck to you also. 

I can see that your appointment was today. How did it go?

It was quick and painless, in and out.  Hand over ID (passport) fill out short biographical data form, then fingerprints, then done.

Maybe ten minutes total.

8 hours ago, KandW said:

Hey all, 

I filed June 2017 (not sure if they’re any June filers in here).

My husband and I got married June 24th (was given the approval beginning of March).

 

AOS was sent: July 12th - (AOS, EAD & AP) 

Received: July 13th- (Chicago Lockbox) 

E-notice & text notification: July 22nd 

NOA1 to all docs: July 19th 

 

Currently awaiting letter for biometrics appointment 

 

 

I'm a June filer too, nice to see you.

You should be getting your letter any day now. Best of luck!