Jump to content

D and T

Members
  • Posts

    344
  • Joined

  • Last visited

Reputation Activity

  1. Like
    D and T reacted to Boiler in Are "A" numbers permanently assigned to the alien?   
    I have heard of people being issues two A numbers by mistake.
  2. Like
    D and T reacted to NancyNguyen in Are "A" numbers permanently assigned to the alien?   
    Sometimes A# is changed due to status change (some international students report that) I would input the old Alien Number, it helps to locate your file easier. Good luck.
  3. Like
    D and T reacted to HRQX in Attempting IR1 two years later...   
    I recommend filing the petition online: https://www.uscis.gov/i-130 blue "File Online" button
     
    Eventually it's going to ask him: "For whom are you filing this petition? Select the relationship the beneficiary has to you (e.g., if the beneficiary is your parent, select "Parent")." When he selects "Spouse" it'll say the following:
    You selected you are petitioning for a spouse You will need to upload the Supplemental Information for Spouse Beneficiary (I-130A) as a part of the evidence for this application.      
    Since you are currently outside of the US you don't have to sign I-130A supplement, but it still needs to be uploaded by him. Later in the Evidence upload section:
    Supplemental Information for Spouse Beneficiary (I-130A)
    If you are filing for your spouse, he or she must complete and sign Supplemental Information for Spouse Beneficiary (I-130A). If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.
      Drag files here or choose a file
    Maximum size: 6MB per file
    Accepted formats: JPG, JPEG, PDF, TIF, or TIFF
    No encrypted or password-protected files   Attaching your files Use a scanner or take pictures of each document. Make sure each image you attach is clear and that all text is readable.   Translations If your documents are in a foreign language, upload an English translation along with the original.  
  4. Like
    D and T reacted to davidvs in Attempting IR1 two years later...   
    You need to read the whole section:
     

     
    The first paragraph sets out who is restricted from filing. 6B is a exemption from this restriction. Therefore, as long as you don't fall into the restriction of the first paragraph, this section does not apply to you at all. You should be fine to file the I-130.
  5. Like
    D and T reacted to little immigrant in Left country before GC or I130   
    I hope you'll reconcile. 
  6. Like
    D and T got a reaction from geowrian in Left country before GC or I130   
    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.
     
     
  7. Like
    D and T got a reaction from TM92 in Left country before GC or I130   
    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.
     
     
  8. Thanks
    D and T reacted to Boiler in Left country before GC or I130   
    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.
  9. Thanks
    D and T reacted to Lemonslice in Left country before GC or I130   
    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.
  10. Thanks
    D and T reacted to geowrian in Left country before GC or I130   
    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...).
  11. Thanks
    D and T reacted to TM92 in Left country before GC or I130   
    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.
  12. Thanks
    D and T reacted to Boiler in Left country before GC or I130   
    I would give it a go and no downsides.
  13. Thanks
    D and T reacted to TNJ17 in Left country before GC or I130   
    Yeah they’re not gonna let you in with that. That’s literally no ties. 
  14. Thanks
    D and T reacted to TM92 in Left country before GC or I130   
    @D and T just a FYI, if you enter with a IR-1/CR-1 visa after June 14, 2020 you will receive a 10 year GC and avoid going through ROC; thus you'll also save on the I-751 fee: https://mypathtocitizenship.com/convert-cr1-ir1-visa-married-2-years-poe/. But if your CR-1 process goes quickly, don't sweat it. You'll have 2 years from POE before going through ROC.
  15. Thanks
    D and T reacted to TM92 in Left country before GC or I130   
    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.
  16. Thanks
    D and T reacted to TBoneTX in Left country before GC or I130   
    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.
  17. Thanks
    D and T reacted to Boiler in Left country before GC or I130   
    I would not expect a CR1 to be an issue.
  18. Thanks
    D and T reacted to Boiler in Left country before GC or I130   
    In that case best to wait until you are settled before trying a visit.
  19. Thanks
    D and T reacted to Boiler in Left country before GC or I130   
    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.
  20. Thanks
    D and T reacted to Unlockable in Left country before GC or I130   
    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.
  21. Thanks
    D and T reacted to DPP123 in Left country before GC or I130   
    @emekus94
  22. Thanks
    D and T reacted to Pennycat in Left country before GC or I130   
    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?
  23. Thanks
    D and T reacted to ms.bluemargarita in Left country before GC or I130   
    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. 
  24. Thanks
    D and T reacted to geowrian in Left country before GC or I130   
    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.
  25. Thanks
    D and T reacted to milimelo in Left country before GC or I130   
    Nope, you won’t be let in on an expired K-1 and no AP. 
×
×
  • Create New...