PLEASE HELP US!

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cbechtold2222New Member
Topic author
Posts: 2
Topics: 1
Joined: 27 Sep 2011

PLEASE HELP US!

Post Tue Sep 27, 2011 8:23 pm

Me and my wife were recently married in Virginia about 5 months ago. Around two months ago we started the process for her green card. We have only submitted her first set of paper work for her green card (I-130) and we are waiting on the processing to be completed before we submit the rest of the paperwork. My wife is currently still in the country on an F-1 student status and we both currently live in Virginia as students.

Her brother is getting married in Canada this weekend and we need to be there as we are both in the wedding. Is it legal for us to cross the border and will they let her back in the US. Or this there a way that we can get her back into the USA? We are desperate here and are trying everything possible, we also do not want to end up in any trouble or have anything holt the green card forever. Also if you've ever heard of the enhanced license in NY could this get her back in the USA? PLease let us know as the wedding is coming up and a brothers wedding is not something we can bare to miss. Thank you so much for your help and time!

Also, she has her VA license in her married name and a marriage certificate. We know we can enter Canada but coming back to the US is the problem. She is Canadian and we just need to find a way around this or someone who can give us a one time pass. Thanks
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agnelsonCanuckAbroad VIP
Posts: 3263
Topics: 1
Joined: 26 Aug 2009

Re: PLEASE HELP US!

Post Wed Sep 28, 2011 3:51 am

There is great risk that she will not be let back in. She is married to a US citzen and has started the GC process. such a situation generally prevents re-entry into US on non-immigrant status like F1 or B2 or TN. She would use her AP to enter, but since you were lax at filing....

If denied entry, she will have to stay in Canada and get IR-1 processing.

Her best (only) bet would be to cross back into US by herself (taking off her ring) using her F1 and hope no questions are asked. Her being Cdn has nothing to do with this, and faking a drivers license is getting a little crazy.

Was there a particular reason why you did not file ALL paperwork at the same time (I-130.I-485, I-131(AP) and optionally I-765)?

You would have avoided this mess, particularly since you knew about this upcomng wedding.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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cbechtold2222New Member
Topic author
Posts: 2
Topics: 1
Joined: 27 Sep 2011

Re: PLEASE HELP US!

Post Wed Sep 28, 2011 12:58 pm

Thanks so much for the response. The only reason we have not filed all the paperwork is because of the 1000 dollar plus fee... also, they process is very confusing. We knew we would probably not make it to the wedding as we only knew about it for a few months... we just didn't know if there was ANY other way. Thanks again for taking the time to respond.
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AGNCanuckAbroad VIP
Posts: 818
Joined: 21 Jun 2011

Re: PLEASE HELP US!

Post Wed Sep 28, 2011 2:38 pm

Don't risk it. If you can't afford the fee, you certainly can't afford living apart.
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