Canadian

I have pending i-130, pending i-485, pending i-765
Did not file a i-131, left the usa and went to canada to visit my
parents, no emergency. denied entry back to usa, because never had the
i -131, wowwwwwwwwwwwwwwww, couldnt believe it. A week has gone by ,
and very distressed, my wife is on her way here, to wait out visa
applications.

the question, is we filed for the k3 visa, would like to know, because
i left the usa, i understand the i-485 and i-765 has been abandoned.
my question is is the i.130 abandoned as well.

as we have a lawyer in houston since day one, but not his fault im
stuck in canada now, just need to find the solution to go back to my
life and palm trees(lol)
additional info my wife is a usa citizen and i am a canadian citizen.
regards
sadcanadian, now determined to be happy canadian

Folinskyinla

Hi:

You did NOT abandon the I-130. K-3 time it looks like.

Mrraveltay

Canadian wrote:

    > I have pending i-130, pending i-485, pending i-765
    > Did not file a i-131, left the usa and went to canada to visit my
    > parents, no emergency. denied entry back to usa, because never had the
    > i -131, wowwwwwwwwwwwwwwww, couldnt believe it. A week has gone by ,
    > and very distressed, my wife is on her way here, to wait out visa
    > applications.
    >
    > the question, is we filed for the k3 visa, would like to know, because
    > i left the usa, i understand the i-485 and i-765 has been abandoned.
    > my question is is the i.130 abandoned as well.
    >
    > as we have a lawyer in houston since day one, but not his fault im
    > stuck in canada now, just need to find the solution to go back to my
    > life and palm trees(lol)
    > additional info my wife is a usa citizen and i am a canadian citizen.
    > regards
    > sadcanadian, now determined to be happy canadian

What does you lawyer say about the I-130?
As another lawyer posted, it is still valid.

Hypertweeky

What visa were you holding when you got int US??

Folinskyinla

Hi Hyper:

Cannucks are treated in a fairly unique fashion under the immigration laws -- other than "E's" and "K's", they are generally exempt from visas -- admissibility is determined at the Port of Entry. So, a Cannuck waved across the border is a "B-2" but doesn't have a visa issued by a consulate. This is NOT the same as the "visa waiver".

Hypertweeky

I know B2 is different from the visa waiver
Thanks for the explanation!
Have a nice weekend!!

sadsadcanadian

thansk i thought so, but needed to reconfirm that i did not abandon my i-130 as well
regards

sadsadcanadian

He hasnt really given us an answer, which is why my wife and i has posted here, but we sent him an email to reconfirm.
regards

sadsadcanadian

congrats,
I did not have a visa when entered, entered as a visitor with canadian citizenship card/passport.

sadsadcanadian

Hi did not have a visa , had my canadian pasport and citizenship card with multiple entries over the years
regards

supernav

so you were a "tourist" who went down and got married. Okay that's fine. No biggee. So that means you don't have a job, or a house or bills right? Tourists don't have that sort of stuff. So in the INS's eyes -- it sees no reason why you can't file a k1/k3 visa in Canada and then "immigrate" across the border properly.

Now if you were down there, living with your wife, making the US your home -- don't ask the INS for sympathy that your "immigrant intent" was denied on a B2.

Besides, look at the birhgt side. You can continue your canadian job while waiting for the visa. You *had* a job in CAnada b4 you went down right??

-= nav =-

sadsadcanadian

yes, i had a job b4 i left
regards