Major Dilemma! Please help!?
I am a US Citizen, and my wife is a Canadian citizen. We got married in Dec. 2010 â€“ 3 months ago. We have filed her paperwork but it will take several months to get her Visa â€“ I hear itâ€™s between 6 to 12 month, or maybe even longer. Two weeks ago she went to visit her friends and family back in Toronto. She had a return flight from Buffalo, NY right after crossing the Canadian border. Well, the US Border Patrol wouldnâ€™t let her pass. They accused her of trying of trying to work in the US illegally! What the hell!? She hasnâ€™t worked since we got married and we were told by immigration services that she can legally stay in the US as a visitor for up to 6 months â€“ long enough for us to get her Visa hopefully! Now they wonâ€™t let her come through and say they wonâ€™t until she gets her Visa. What am I suppose to do? Does this mean my wife and I have to stay apart until the Visa arrives â€“ and that could be several months away! Does anyone have any advice on what we can do? Can we get her a temporary visitor Visa of some sort? How could we go about doing that? Any help would be greatly appreciated. We filed an I-130 a Petition for Alien Relative. We got married in Canada and then she came to the US as a visitor. I was told you can't file an adjustment of status as a visitor. Actually she didn't enter on a Visa Waiver, she simply drove across the border. She's done it several times before to visit me and other friends. We did not intend for her to stay more than 6 months, we just wanted to be together (even for a short time) right after we got married. Calling me ignorant is definatley not helping. Anyway, I was able to look up some information and get an immigration attorney. So far no paperwork has been fouled up. We are simply going to follow up with a K3 Visa application which will allow her to enter the US sooner. Thanks for absolutely no help at all!!!
Immigration - 4 Answers
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Have you taught about moving in canada instead. Canada is a better place to stay than US we have a free health care not like US. You and your wife should talk about it before making decision specially when it comes to moving to another country.
Exactly WHAT did you file? If she was in the USA she does not need a visa to enter the USA, she's here. She needed to try to adjust her status. Once you and she file to adjust her status she CANNOT leave the USA. If she does then the paperwork is DEAD. So, exactly which forms did the two of you file? *****If all you filed was the I-130 then she's stuck in Canada until she get's her immigrant visa to come back. Expect that to take a while. 6 to 12 months is about right.
Well, you really fouled it all up. She entered on visa waiver? That was totally inappropriate. Cannot change status if you enter without the proper visa. Then you filed I-130 Petition. It's going to take at least 6, don't be surprised if it takes closer to 12, months. You didn't know what you were doing, did it all wrong, so it's your ignorance, your fault. You should have found out the proper procedures before you married, before you filed anything. And she should never have crossed into the US on visa waiver after marriage since she intended to remain. Worse, she went back out again while a petition was pending and she had no right to reenter! She's stuck in Canada, all right. Now all you can do is wait.
It will take around a year and she will have to stay in canada. You need a lawyer because of the waiver, if that's not approved it will take a decade.