Julune

11 minutes ago, Ontarkie said:

~~Move to Emigrating Outside the US, from AOS Family K1/K3 - The OP and her husband are no longer going to AOS and are moving to Canada.~~

 

Mod hat off

 

Unlike the US Canada allows Entering the country with the intent to immigrate. There is no need to lie at the border or take two vehicles. State your intent at the border and they will stamp his passport to allow a longer stay and get the process started.

Also before you leave have your husband get his FBI clearance. I remember other members stating that was the hardest thing to get once leaving the US.

Thanks! I appreciate that. Someone that has done this before told us to do what i started earlier. I didn’t think it was lying because he would be staying a few months until he applied!

So you think take the same vehicle? Just say he’s going to do a spousal visa inland?

What do you mean by FBI clearance? Just a police record?

Just now, TNJ17 said:

I’d advise to adjust status. You don’t want trouble behind you. I also don’t see how you lived all this time without adjusting status. That means no job, no leaving, no driver’s license in some states. No AOS means you are living in limbo and every time you try to apply to something you hit a road block. I don’t get how you didn’t figure it out. Also, you should have done your research on the K1 process even if you used a company to process it. 

What would happen if I weren’t to adjus status, and move back to Canada? Honest question, I’m just trying to figure this out since we’re hoping to get out of this country by next month. 

I can’t get a job or drive regardless because of my anxiety, so it’s no issue on my end. Plus my family lives an hour away and just drives over the border to see me.

1 minute ago, acidrain said:

Just a friendly suggestion to make sure you look at the immigration laws moving to Canada. My spouse and I really screwed up my green card going to the US. I'd hate for you or anyone else to have to go through what we have.

 

You may know this already but label all of your boxes and belongings when you enter. Customs will likely ask for a manifest of items.

 

Your overstay will have no bearing on the Canadian side. I have immigration issues having been denied entry to the US. I find it funny just how easy Canada is willing to take me back when I have to get interviewed extensively when I visit the US. You should have no problem leaving.

Oh I definitely will be. It’s super scary knowing that we could be living apart so suddenly if all doesn’t go well.

What happened if you don’t mind me asking?

Just now, acidrain said:

Will your spouse be with you when you travel? Don't do what we did and cross with a U-Haul worth of belongings everyone in tow. I am not aware of Canadian immigration law but if it's anything like the US they may expect your spouse to have a visa. The worst situation you could find yourself in is you coming back to Canada with an overstay and your spouse being told to go back to the US to wait for his visa. I know this because I've lived this story for over a year but have been fortunate to visit my spouse. I assumed a lot with moving such as being able to hang out in the opposite country for 6 months. 

What we plan on doing is having myself go back in a moving truck with all of our belongings with my mom, and he go back in his own vehicle just saying he’s visiting for a couple months. Then he’s going to apply asap for permanent residency hopefully!

Just now, cyclone27 said:

Any air travel through US with a ban will be prohibited.

Good to know. I don’t fly, but it’s always nice to know!

Just now, Boiler said:

That would be an issue for the Canadian authorities, US does not have exit controls.

Ah, alright. It’s going to be a nerve wracking time until then. 

1 minute ago, Boiler said:

Some real horror stories on here, as they point out they are not Lawyers so if they screw up tough.

 

Anyway, just do not come to the attention of the authorities, seems like you will have a 3 year ban but that does not bother you.

That’s awful. I’m glad I’m done with them.

What do you mean by do not come to the attention of the authorities? Do you have any idea what will happen when I cross the border with a truck of my stuff? 

1 minute ago, Californiansunset said:

No jail time otherwise the prisons here would be full of people with overstay. So you never applied for AOS, thus were never able to work?! I'm surprised.

Anyways more than 180 days out of status triggers a 3 year ban. Any overstay lowers the chances of ever being permitted into the U.S. again just keep that in mind. I'm surprised that doesn't bother you. In the end it's your husband's home country with his family living here. 

 

If you don't apply for AOS within the 3 months of entry with the K1 you have to file the I-131 plus the I-485 instead of just the I-485 from K1, so that means you pay a lot more to adjust status. If you don't mind having a ban and an overstay on your immigration records, I guess don't worry about adjusting.... I'd play safe and adjust status and wait it out because you never know what might come up that you end up wanting to move back here or even just come to visit... 

It’s not too much of an issue because he’s in Buffalo, and I’m only an hour away in Canada. And no, haven’t been able to work at all.

We already have everything set up to move next month, so I guess we’ll see what happens? I wish we just would have went with Canada in the first place. 

1 minute ago, Boiler said:

Sadly you are not the first to misled by RapidVisa, no doubt you will not be the last, will you be leaving soon?

Really? How frustrating...

Were hoping to leave on the 10th next month!

1 minute ago, Ben&Zian said:

 

No no, when you leave if you've been here out of status yes you can receive/trigger a ban.

 

The AOS can be done at anytime after the initial 90 day period if you married within that time frame. Marrying is the only 'stipulation' of the K-1 visa really. AOS is on you.

 

If you leave within AOS and getting AP(advanced parole) you will be denied re-entry.

Okay, so just leaving as is (out of status, no AOS, just married on a k1) wouldn’t be too much of an issue other than a ban?

If so that calms me down immensely. Thought i’d get jail time or something lol. 

3 minutes ago, NigeriaorBust said:

   You may have trouble coming back to visit but leaving won't be an issue. 

1 minute ago, Ben&Zian said:

Agreed, leaving, no issue.

 

I think you misunderstood Rapidvisa. What they most likely implied was that as long as you marry within the 90 day time frame, you can technically apply for AOS at any time after that outside the 90 day time frame. Yes you are out of status but you can still adjust legally with the I-485 (AOS) like normal because you married within the 90 day time frame to the petitioner.

So, if I left without applying for AOS, I wouldn’t be in any trouble for staying here out of status? I’ve looked online and saw that I could possibly be in a lot of trouble.

Coming back to the states is no issue if I’m banned for a while. 

Hello. I came to the US on a K-1 visa in April of 2017. I used a site called Rapidvisa to get all my forms and apply. They told me that after I was married within the 90 days, there was no need to file for AOS and that there was no timeline for me to file for AOS. I have not applied for AOS and am now seeing online that I am living here ‘out of status’ since July of 2017? I believe I have been told false information from a company i’ve been paying to help me with this process... is there anyone that can help me clarify this? It’s terrifying knowing that this might be the case, as I had no intention of living here out of status.

My husband and I want to cancel this whole visa application and move to Canada together on a spousal visa, as the USA is not working for either of us.

But if I leave, will there be an issue at the border? Since i’ve apparently been living here ‘out of status’ for almost 7 months?

Is there an easier way to abandon this?

This is all so confusing and is giving me hard core panic attacks.