Canadian

Left the USA, on Jan 31 to visit my parents and return to Texas on 1st
of February. My wife is an American citizen and weve been married
since May 2003. Upon entry back to the Usa at port of entry. I was
denied entry as I did not file an I 130., not sure what they were
talking about, returned to my parents place in Ontario Canada. Called
my wife and said not sure what this document was that they referring
to. Any how , since last Sunday Ive been pulled apart in every way
trying different options trying to get back to my wife in Texas,
Houston, after all the upsets and trauma that we have been going
through my lawyer in Texas is filing a k3 visa for me while im in
Canada, and my wife is on her way here to visit while we wait for this
k3 visa. As you can tell i have not posted any real questions , but
will sincerely appreciated any comforting support , and insite into
this matter for those of you who have more experience or who know
someone who has gone through this.
Our lives has been turned upside down because of this i 131 docement,
100 docement dont quote me on the amount.
Guys any additional help will be greatly appreciated. Ive consulted
the deferred inspection, but dont feel its my option as my reason for
coming to ontario canada, was not an emergency simply to surprise my
parents.
What a surprise for me.
My wife is devasted by this affiar, my employers as well, I just hope
that the k3 goes fas and im able to make it back to the usa.
Regards and God bless.
Thankyou for any possibilities, that could help my wife and I.
Regards, devistated Family

Zenas

First off, I'm sorry to hear this, but you do need a visa like the rest of us. I'm Canadian, marrying a US and I can't just go there once we are married and ignore immigration.


That aside, here it is.
1st, you need to file a I-130 You CAN't file a K3 without having first filed an I-130. Anyone who knows anything about this process will tell you that, if your lawyer hasn't, you need a new one FAST!!!

2nd After the I-130 is filed, then the K3 is filed. It will take approx. 6 months before you will have your visa in your hands. If you are closer to Toronto, you'll have an interview in Montreal, if you are closer to Vancouver, than you'll have an interview there.

Either way, you need a spousal visa to be living in the US as a spouse of an American. The I-130 takes sooo long, that is why everyone files a K3 next because that speeds up the processing and you can have a visa within 6 months.

Maybe others will give you some other hints but no matter what, you will not be allowed in without an I-130 approved visa or a K3 approved visa. Again, K3 takes 6 months, I-130 takes years. I am not a lawer, just a fellow canuck. You may be better off on your own if your lawyer doesn't know exactly what is going on. Or find one who does.

Post away any questions, this is the best immigration board i've seen.

Simon&Vik

Many people have thier timelines in their sigs. Myself included.
Also, see http://www.mediabrew.com/k3/list.php?orderby=country for others.

My husband left the USA on Sept 21. He won't be able to come home until late this month...

sadsadcanadian

thanks for the reply, i made a mistae in the original post, do have i 130 i 485 and i 765, just did not have an i 131 to return which i did not know about,

sadsadcanadian

thanks for te reply, my mistake on my riginal post, do have the i130 and i 485 and i 765, just did not have the i 131
so nowstuck in canada, what a mistake

Zenas

I just read your other post, sorry about that, I see you have indeed filed some immigration.
I have never heard of an I-131 and i've been researching for 1 year now.

My guess by what you are stating (maybe someone will correct me) is that you did file, you also had a pending AOS but didn't get advance parole to travel which I believe you need. Even if i'm incorrect here, this is what is needed:

You are being told to get a K3. That is the fastest way to get your visa. Unfortunately, it takes 6 months. I do not know of another way to get you back there. Maybe others do? But you need 1 of 2 visas in your hands. I-130 or the K3 visa in your hands to live there and not have to return back to Canada again for further visa processing. Of course once you are there, you have other stuff to do which it sounds like you knew about.

Anyways, hopefully someone else in immigration matters can give you more info as to why you were denied entry.

In the meantime, get that K3 in, I'm a self proclaimed expert on that visa so if you need and help, feel free to send me a message.

Simon&Vik

http://uscis.gov/graphics/formsfee/forms/i-131.htm
Find out where the application is being sent, then look at https://egov.immigration.gov/graphic...jsp?textFlag=N for the correct place. You can then see how long it is taking for them to process I-131s.

I had *thought* I had read somewhere on here that Advance Parole wasn't required for K-1s or K-3s. Maybe that's different for I-130s. And maybe I'm not remembering correctly anyway...

You said you had I-130. Have you applied for AOS yet?

Hopefully someone with more concrete info can help you out. Good luck.

Zenas

Oh CRAP!!!! If the I-131 is indeed the AP (Advanced Parole) and you were there on an I-130, and filed for an AOS without an AP, I believe that means you abandonded your petition and must start over again.

Someone correct me if i'm wrong please. I really don't want to give you the wrong info. If it is the case that your I-130 was abandoned you would have to refile from scratch, first the I-130, then the K3.

Hopefully someone on here can confirm or tell you where you stand now based on what you have filed to date, and having not had an AP before leaving.

Rete

It is easy to do but you are confusing posters here. Zena is the one who has been researching immigration processing for a year now and never heard of an Advance Parole which is obtained via I-131. The I-131 for Advance Parole does not pertain to K-3 recipients as they are free to travel and return to the US on their valid K-3 for the two years the K-3 is valid for. So perhaps that is the reason why she never heard of it because she was only looking into what it takes to get herself into the country and not what is required once you are here and have applied for adjustment of status on something other than a K-3.

That said, Canadian has stated he and his wife have applied for his adjustment of status while he was living in Texas. They filed the I-130, I-485 and I-864 along with the back up I-864 affidavit of support, etc. However, and this is the however that has landed him in the situation he is now in ... outside of the US and no immediate way back in.

Canadian I'm sorry to say that you are stuck where you are. Not only do you have to wait out the six months or so for the K-3, when you do enter the US, you are going to have to reapply for adjustment of status all over again unless your attorney can convince USCIS (Dallas, Texas) to reinstate your petition. This is very unlikely. Also you say they are applying for a K-3 for you, but a K-3 cannot be applied for until your wife has filed an I-130 for you. Since you have been deemed to have abandoned the original I-130 I'm assuming the attorney has had your wife re-file another I-130 for you but this time at the Texas Service Center and not the Dallas office.

For the rudiments of the K-3, the scenario is such:

Petition for foreign spouse via form I-130 at the service center for your living jurisdiction; then apply form I-129F at the Chicago address on the form; the I-129F is then sent after perusal by them to the Missouri Service Center for processing; after approval by them it is sent National Visa Center which forwards it to the US Consulate in the foreign country you are living in. At some point the NVC and/or the Consulate (not sure which one) will send you a package of documents to be completed and you compile your documentation, i.e. police clearance, medical, long form birth certificate, proof of valid marriage, etc. complete the checklist and bio form and return it and you will be sent a letter for an appointment at the US Consulate for your interivew. At the interview you will give them the documents requested which you checked off on the checklist as having, a new affidavit of support from your spouse (I-134 this time), you will be interviewed and if passed will have a K-3 placed in your passport. Then and only then can you enter the US again. Timeframe for all of this is anywhere from 3 months upwards. Right now people have been waiting around 6 months or so for completion of the process.

You do not qualify for a TN-1 because you have immigration intent so that possibility is out for you. Quite possibly if you have the profession and the education the H-1B is out for you as well for the same reason. That leaves the K-3 as the fastest way into the US.

Sorry I can't give you better news than that. I've read of others in the last month who have been able to get their Congressional representatives involved in situation somewhat similar to yours. But they had one leg up from you in that they had advance paroles but the A/Ps were expired when they attempted to re-enter the US. You don't have that very very important document.

Rete

Zenas

Thanks for that Rete. Obviously I have indeed heard of an AP before or I wouldn't have mentioned in in previous posts, but I didn't know it was an called an I-131 as I haven't had to file one before.

Other than not knowing that an AP was an I-131, everything i've said or mentioned has been correct. I won't respond any further to him, since you think i'm confusing everybody.

Mrraveltay

Rete wrote:
    >
    > You do not qualify for a TN-1 because you
    > have immigration intent so that possibility is out for you. Quite
    > possibly if you have the profession and the education the H-1B is out
    > for you as well for the same reason. That leaves the K-3 as the fastest
    > way into the US.

Rete,

I thought H-1B was dual intent and that you could use it if you had
immigrant intent?

Simon&Vik

Double check. I think Rete was saying *I* am confusing people.

Sorry about that...
At least I did include that I wasn't sure, right? *big blinkey eyes*

sadsadcanadian

lol

Rete

Geezus Murphy, why did you take my response so personally. I wasn't quoting a post by you was I?

The poor man is getting information helter skelter and it didn't help that his original post is scattered and disjointed. It is only because of reading between the lines on his other post, knowing a bit about all the processes and a private PM from him that I was able to ferret out exactly what was filed and what his present situation is.

My response was not intended to insult anyone but to clarify processing for a Canadian who is thousands of miles from home and all without a clue.

Rete

Mrraveltay

Zenas wrote:
    > I just read your other post, sorry about that, I see you have indeed
    > filed some immigration.
    > I have never heard of an I-131 and i've been
    > researching for 1 year now.
    >

I-131 is filed for Advanced parole.
If you have filed for ajdustment of status and leave the country, you
need AP to return.