Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

Just a few words of advice and watch how you handle things

Wikiposts

Just a few words of advice and watch how you handle things

Thread Tools
 
Old Jan 27th 2004, 8:37 am
  #1  
Margaret
Guest
 
Posts: n/a
Default Just a few words of advice and watch how you handle things

Husband's friend (USC) met a Canadian woman online 4 years ago. She
came to the U.S. to meet him and then married him while in the U.S.
They returned to Canada without filing for AOS and AP first, to meet
her folks and the rest of the family. Upon returning to the U.S., the
wife was refused entry into Canada. Border guard refused the wife
entry because of no AP. He then told her she entered the country
fraudulently with the intent to marry originally. Husband's friend
thought he could marry anyone he wanted from another country and they
were free to come and go.

The woman was and still is on disability. She has never worked. Her
husband ended up coming back into the U.S., sold his home, quit his
job, gave up his future pension to reside in Canada. Figured he had
no choice. He was granted residency in Canada however he could not
get a job. He used up the money he had on hand when he moved to
Canada plus had some help from a rich father as well as the disability
money his wife was receiving.

Last August the husband returned here in hopes of finding a job. His
old employer had a job opening but hired someone else instead. So far
he has not come up with anything despite literally pounding the
pavement. I think age is working against him. My husband suggested
maybe he could get his father to help out but he says no, he did
enough for them.

As it stands now and at age 54, this man lives with his father, has no
job and his wife is back in Canada. Talk about feeling hopeless.

Just a few words - make sure you do things the correct and legal way.
 
Old Jan 27th 2004, 8:55 am
  #2  
K1 via London
 
Steffi's Avatar
 
Joined: Sep 2003
Location: Atlanta, Georgia
Posts: 1,959
Steffi has a reputation beyond reputeSteffi has a reputation beyond reputeSteffi has a reputation beyond reputeSteffi has a reputation beyond reputeSteffi has a reputation beyond reputeSteffi has a reputation beyond reputeSteffi has a reputation beyond reputeSteffi has a reputation beyond reputeSteffi has a reputation beyond reputeSteffi has a reputation beyond reputeSteffi has a reputation beyond repute
Default Re: Just a few words of advice and watch how you handle things

That's really tough.
Did I understand correctly that he came back to the US because he couldnto get a job in Canada? So how is their relationship working out now?
Steffi is offline  
Old Jan 27th 2004, 9:26 am
  #3  
Cdnchick
Guest
 
Posts: n/a
Default Re: Just a few words of advice and watch how you handle things

I'm lucky the same didn't happen to me!!

When my husband & I got engaged (him-US, me-Canada) we had NO idea we had
to do anything other than move my stuff down to the US and get married. We
figured that there would be some kind of paperwork after the fact - but not
BEFORE!!!
The only reason I stumbled across the paperwork necessary for a K1 visa
was because I was looking at what kind of paperwork would need to be done
once we *got* married AND what paperwork I needed to get my stuff across the
border (I knew that I couldn't just *move*!)...... So, thankfully, the INS
(BCIS) website was very helpful - as was this very newsgroup!! Without the
2, I would have also been very screwed!!!

I guess those of us that live so close to the US just assume that its not
all that difficult for us to get married across the border!!



"Margaret" <[email protected]> wrote in message
news:[email protected]...
> Husband's friend (USC) met a Canadian woman online 4 years ago. She
> came to the U.S. to meet him and then married him while in the U.S.
> They returned to Canada without filing for AOS and AP first, to meet
> her folks and the rest of the family. Upon returning to the U.S., the
> wife was refused entry into Canada. Border guard refused the wife
> entry because of no AP. He then told her she entered the country
> fraudulently with the intent to marry originally. Husband's friend
> thought he could marry anyone he wanted from another country and they
> were free to come and go.
>
> The woman was and still is on disability. She has never worked. Her
> husband ended up coming back into the U.S., sold his home, quit his
> job, gave up his future pension to reside in Canada. Figured he had
> no choice. He was granted residency in Canada however he could not
> get a job. He used up the money he had on hand when he moved to
> Canada plus had some help from a rich father as well as the disability
> money his wife was receiving.
>
> Last August the husband returned here in hopes of finding a job. His
> old employer had a job opening but hired someone else instead. So far
> he has not come up with anything despite literally pounding the
> pavement. I think age is working against him. My husband suggested
> maybe he could get his father to help out but he says no, he did
> enough for them.
>
> As it stands now and at age 54, this man lives with his father, has no
> job and his wife is back in Canada. Talk about feeling hopeless.
>
> Just a few words - make sure you do things the correct and legal way.
 
Old Jan 27th 2004, 9:31 am
  #4  
Mark Miller
Guest
 
Posts: n/a
Default Re: Just a few words of advice and watch how you handle things

How is the weather where you are? It's freezing ice and rain here close to
capitol hill in Washington D.C.


"CdnChick" <[email protected]> wrote in message
news:[email protected]...
    > I'm lucky the same didn't happen to me!!
    > When my husband & I got engaged (him-US, me-Canada) we had NO idea we
had
    > to do anything other than move my stuff down to the US and get married.
We
    > figured that there would be some kind of paperwork after the fact - but
not
    > BEFORE!!!
    > The only reason I stumbled across the paperwork necessary for a K1 visa
    > was because I was looking at what kind of paperwork would need to be done
    > once we *got* married AND what paperwork I needed to get my stuff across
the
    > border (I knew that I couldn't just *move*!)...... So, thankfully, the
INS
    > (BCIS) website was very helpful - as was this very newsgroup!! Without
the
    > 2, I would have also been very screwed!!!
    > I guess those of us that live so close to the US just assume that its
not
    > all that difficult for us to get married across the border!!
    > "Margaret" <[email protected]> wrote in message
    > news:[email protected]...
    > > Husband's friend (USC) met a Canadian woman online 4 years ago. She
    > > came to the U.S. to meet him and then married him while in the U.S.
    > > They returned to Canada without filing for AOS and AP first, to meet
    > > her folks and the rest of the family. Upon returning to the U.S., the
    > > wife was refused entry into Canada. Border guard refused the wife
    > > entry because of no AP. He then told her she entered the country
    > > fraudulently with the intent to marry originally. Husband's friend
    > > thought he could marry anyone he wanted from another country and they
    > > were free to come and go.
    > >
    > > The woman was and still is on disability. She has never worked. Her
    > > husband ended up coming back into the U.S., sold his home, quit his
    > > job, gave up his future pension to reside in Canada. Figured he had
    > > no choice. He was granted residency in Canada however he could not
    > > get a job. He used up the money he had on hand when he moved to
    > > Canada plus had some help from a rich father as well as the disability
    > > money his wife was receiving.
    > >
    > > Last August the husband returned here in hopes of finding a job. His
    > > old employer had a job opening but hired someone else instead. So far
    > > he has not come up with anything despite literally pounding the
    > > pavement. I think age is working against him. My husband suggested
    > > maybe he could get his father to help out but he says no, he did
    > > enough for them.
    > >
    > > As it stands now and at age 54, this man lives with his father, has no
    > > job and his wife is back in Canada. Talk about feeling hopeless.
    > >
    > > Just a few words - make sure you do things the correct and legal way.
 
Old Jan 27th 2004, 9:49 am
  #5  
Forum Regular
 
Joined: Jun 2003
Posts: 246
rzack is an unknown quantity at this point
Default Re: Just a few words of advice and watch how you handle things

This is not a single case. A lot of US citizen did not know the rules and law of US immigration. Many thinks...as long they get married, they can bring their spouse into the country just LIKE THAT. The sad things, is when they were denied entry at the POE. Not only that, they also already gave up everything.

My husband told me that many of his friends (in military) when stationed abroad, married with foreigner and thinking they just can come back to US just like that. Which was wrong.

So...it doesn't hurt to do homework or research of ANYTHING before do something. This world is not like 100 years ago where you just can cross the border and reside. Glad that we have all kinds of immigration forums that full of info.
rzack is offline  
Old Jan 27th 2004, 10:41 am
  #6  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 46,469
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Just a few words of advice and watch how you handle things

I feel for the couple in your story. They had several options other than the one they choose. If she truly just came to met him and then they decided to marry, she could have stayed and filed for AOS and not returned to Canada to show her husband off until she obtained A/P. While there might have been a risk, if there was no pre-conceived intent, they in all likelihood have been successful in their filing.

Or he could have left her in Canada for the short term and filed for her re-entrance on an approved I-130 with the interview taking place in Montreal at the US Consulate. Or they could have gone the K-3 if that was available at that time. In the interim they would have had a long distance marriage but it would only have been for a short while and not a lifetime. Even if they had to apply for a waiver, it was certainly doable.

Their problem in a nutshell is as you stated, refusal to learn the system before acting. If they had consulted with an attorney before leaving they would have known what to expect. I believe her disability check from Canada will still be hers whether she is living here or there.

Hope they can find a way to be together legally soon.

Rita
Rete is offline  
Old Jan 27th 2004, 11:20 am
  #7  
Mrraveltay
Guest
 
Posts: n/a
Default Re: Just a few words of advice and watch how you handle things

Margaret wrote:

    > Husband's friend (USC) met a Canadian woman online 4 years ago. She
    > came to the U.S. to meet him and then married him while in the U.S.
    > They returned to Canada without filing for AOS and AP first, to meet
    > her folks and the rest of the family. Upon returning to the U.S., the
    > wife was refused entry into Canada. Border guard refused the wife
    > entry because of no AP.

If she was Canadian, she wouldn't be refused admission to Canada because
of no AP to leave and return to the US,

He then told her she entered the country
    > fraudulently with the intent to marry originally. Husband's friend
    > thought he could marry anyone he wanted from another country and they
    > were free to come and go.

Many people come into the US on tourist visas or waivers and get
married, then leave. Many Japanese visit Hawaii for this purpose.
It is not illegal to marry as a visitor.

    > The woman was and still is on disability. She has never worked. Her
    > husband ended up coming back into the U.S., sold his home, quit his
    > job, gave up his future pension to reside in Canada. Figured he had
    > no choice.

Why did he have no choice? I am confused by the story.
If the Border Patrol wouldn't let her back into the US, that wouldn't
stop her from applying for a fiance or spousal visa.
 
Old Jan 27th 2004, 2:06 pm
  #8  
Cdnchick
Guest
 
Posts: n/a
Default Re: Just a few words of advice and watch how you handle things

Well, I have to say that its a WHOLE lot nicer in Houston than it is in
Western Canada (where I'm from) right now!!! Although, we're getting all
that cold air blowing down here!!

;-)


"Mark Miller" <[email protected]> wrote in message
news:[email protected]...
> How is the weather where you are? It's freezing ice and rain here
close to
> capitol hill in Washington D.C.
>
>
> "CdnChick" <[email protected]> wrote in message
> news:[email protected]...
> > I'm lucky the same didn't happen to me!!
> >
> > When my husband & I got engaged (him-US, me-Canada) we had NO idea
we
> had
> > to do anything other than move my stuff down to the US and get
married.
> We
> > figured that there would be some kind of paperwork after the fact -
but
> not
> > BEFORE!!!
> > The only reason I stumbled across the paperwork necessary for a K1
visa
> > was because I was looking at what kind of paperwork would need to be
done
> > once we *got* married AND what paperwork I needed to get my stuff
across
> the
> > border (I knew that I couldn't just *move*!)...... So, thankfully,
the
> INS
> > (BCIS) website was very helpful - as was this very newsgroup!!
Without
> the
> > 2, I would have also been very screwed!!!
> >
> > I guess those of us that live so close to the US just assume that
its
> not
> > all that difficult for us to get married across the border!!
> >
> >
> >
> > "Margaret" <[email protected]> wrote in message
> > news:[email protected]...
> > > Husband's friend (USC) met a Canadian woman online 4 years ago.
She
> > > came to the U.S. to meet him and then married him while in the
U.S.
> > > They returned to Canada without filing for AOS and AP first, to
meet
> > > her folks and the rest of the family. Upon returning to the U.S.,
the
> > > wife was refused entry into Canada. Border guard refused the wife
> > > entry because of no AP. He then told her she entered the country
> > > fraudulently with the intent to marry originally. Husband's
friend
> > > thought he could marry anyone he wanted from another country and
they
> > > were free to come and go.
> > >
> > > The woman was and still is on disability. She has never worked.
Her
> > > husband ended up coming back into the U.S., sold his home, quit
his
> > > job, gave up his future pension to reside in Canada. Figured he
had
> > > no choice. He was granted residency in Canada however he could
not
> > > get a job. He used up the money he had on hand when he moved to
> > > Canada plus had some help from a rich father as well as the
disability
> > > money his wife was receiving.
> > >
> > > Last August the husband returned here in hopes of finding a job.
His
> > > old employer had a job opening but hired someone else instead. So
far
> > > he has not come up with anything despite literally pounding the
> > > pavement. I think age is working against him. My husband
suggested
> > > maybe he could get his father to help out but he says no, he did
> > > enough for them.
> > >
> > > As it stands now and at age 54, this man lives with his father,
has no
> > > job and his wife is back in Canada. Talk about feeling hopeless.
> > >
> > > Just a few words - make sure you do things the correct and legal
way.
> >
> >
> >
>
>
 
Old Jan 28th 2004, 1:21 am
  #9  
Margaret
Guest
 
Posts: n/a
Default Re: Just a few words of advice and watch how you handle things

    > If she was Canadian, she wouldn't be refused admission to Canada because
    > of no AP to leave and return to the US,

I erred on this part, I meant to say she was refused re-entry into the
U.S.

    > Many people come into the US on tourist visas or waivers and get
    > married, then leave. Many Japanese visit Hawaii for this purpose.
    > It is not illegal to marry as a visitor.

I have no idea on this part. This is what the friend told my husband.
He added that he was told at the border that she did not follow
proper procedures initially.

    > Why did he have no choice? I am confused by the story.
    > If the Border Patrol wouldn't let her back into the US, that wouldn't
    > stop her from applying for a fiance or spousal visa.

We are not sure what end is up with the friend. When he first
married, he told my husband of the upcoming visit back to Canada and
that they would be returning in a couple of weeks. My husband (not
knowing of immigration procedues back then) mentioned his concerns to
his friend and suggested that his friend check with immigration on
this. He didn't think he could just simply marry, leave and just
bring his wife back without some kind of documentation. The friend
then said that everything was all fine and that he had it checked out
with immigration. Well later on after we then went through the K1,
husband feels that his friend had "lied" to him about having things
checked out with immigration back then. When his friend ended up
living in Canada, he claimed to my husband that he got an immigration
lawyer to see what his options were. He never did say what supposedly
the immigration lawyer had said. Have a feeling that either he has
made up this story or perhaps if the friend had a lawyer, he was given
wrong information. When the two of us were going through the K1
process and my husband told his friend that, his friend immediately
advised him to get an immigration lawyer or else we could end up being
like them. Husband told him everything was under control and the
process was going smoothly. This is not nice to say but just to kind
of point out a bit of how the friend is. According to husband, his
friend isn't/wasn't actually the "sharpest knife in the drawer." He
was that way through College as well.

In answer to the other poster's question about how the couple are
getting along at this point. No idea as he's never brought that up.
He only calls here every so often.
 
Old Jan 28th 2004, 2:04 am
  #10  
Margaret
Guest
 
Posts: n/a
Default Re: Just a few words of advice and watch how you handle things

Oops forgot to add. The couple's intent was not to have her return to
Canada and go through the K3 route. They didn't know anything about
marriage visas, filing for AOS and getting AP before leaving the
country. They figured they could come and go as they pleased and that
was it. Kind of the mindset of "I can marry anyone I want and that
gives the foreign spouse the automatic legal right to live in the U.S.
with no immigration involvement."

He had returned to the U.S. last past August in hopes of him getting a
job and in his words "somehow find a way to bring her into the U.S."
I talked to him on the phone and told him of the K3. In my opinion,
he didn't seem to want to listen. I got the impression that he wasn't
focusing in or paying attention.
 
Old Jan 28th 2004, 10:08 am
  #11  
Mrraveltay
Guest
 
Posts: n/a
Default Re: Just a few words of advice and watch how you handle things

Margaret wrote:

    > Oops forgot to add. The couple's intent was not to have her return to
    > Canada and go through the K3 route.

The other option is to not get a K3 and just get an immigrant visa.
This would be CR-1 or IR-1, depending on how long they have been married.
 
Old Jan 28th 2004, 1:21 pm
  #12  
Margaret
Guest
 
Posts: n/a
Default Re: Just a few words of advice and watch how you handle things

mrraveltay <[email protected]> wrote in message news:<[email protected]. com>...
    > Margaret wrote:
    >
    > > Oops forgot to add. The couple's intent was not to have her return to
    > > Canada and go through the K3 route.
    >
    > The other option is to not get a K3 and just get an immigrant visa.
    > This would be CR-1 or IR-1, depending on how long they have been married.



Thanks mrraveltay. Don't know what this friend's plans are. Actually
I haven't met him yet myself. I think either of us trying to give him
any more information is pretty much fruitless, judging from past
conversations via the telephone whenever he calls. I guess he'll
figure out eventually for himself of what to do. Strange situation, I
know.
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.