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How can I get my wife back into the country

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  • How can I get my wife back into the country

    me and my wife have a complicated case and I would appreciate any opinions on how to proceed.
    My wife entered the country with her B2 visa in April 2003. We where married January 15, 2003 here in the US. After we returned to the US in April we filed for her change of status.

    During the time we where waiting we purchased a home and the notification for the interview never reached us so they closed our case saying that we abonded our petition for failing to take part in the interview.

    To complicate matters extensively we recently left the country and when my wife tried to re-enter with her B2 visa they found out that we where married and denied her entry. Now she is in Mexico and I don't know the best way to proceed to get her back into the country legally and I don't know how long it will take.

    Any opinions advice is welcome.
    Andy
    andy

  • #2
    me and my wife have a complicated case and I would appreciate any opinions on how to proceed.
    My wife entered the country with her B2 visa in April 2003. We where married January 15, 2003 here in the US. After we returned to the US in April we filed for her change of status.

    During the time we where waiting we purchased a home and the notification for the interview never reached us so they closed our case saying that we abonded our petition for failing to take part in the interview.

    To complicate matters extensively we recently left the country and when my wife tried to re-enter with her B2 visa they found out that we where married and denied her entry. Now she is in Mexico and I don't know the best way to proceed to get her back into the country legally and I don't know how long it will take.

    Any opinions advice is welcome.
    Andy
    andy

    Comment


    • #3
      Have you investigated filing for a k-3 visa?

      Comment


      • #4
        She probably has the 10 year bar against her. You will most likely have to file the I-601. What part of Mexico is she in?
        Have a nice day

        Comment


        • #5
          she's in Durango, city in Durango state. She isn't barred in any way so far. She was always legally here. It's just that we didn't get permission before we left. Someone told me that we could still possible apply for advance parole but I wonder if we have any chance to get that.

          I have also looked at the K-3. Does anyone know how long it takes to get one.

          Thanks,

          Andy
          andy

          Comment


          • #6
            Had her visa expired when they denied her access to US? It just sounds like they did not let her come becuase of immigrant intent and want her to follow procedures using K-3 visa. Direct Consular filing may be available to u in Mexico.

            She should not have bar if her visa was valid when you both left country. It appears that she was still in status when she tried to return.

            check out these links

            http://www.kamya.com/intro/

            http://www.kamya.com/intro/tourist.html

            Please in the meantime try to get rid of that machine gun that has been shooting u guys in the foot.

            Comment


            • #7
              To see how long it would take for K-3 you can check for processing times for Missouri for the 129f for starters. As 4now said, if direct consular filing is available it is much quicker and is better for several reasons.

              Comment


              • #8
                How did you ascertain that your AOS was denied if you never received the letter? Why did you leave the country if she had not received AP? You can't get AP now that she has left and her AOS was denied. You should have filed a motion to re-open the case when it was denied over an address mix-up.

                Mexico no longer does DCF.

                I'm confused on the timeline.

                The OP says they married Jan 15 2003 but entererd the country on B2 in April 2003. Then the OP says we returned to the US in April. I am confused.

                Comment


                • #9
                  Here is the timeline, which after reading the link 4now gave me maybe a problem.

                  She entered Jan 2003.
                  We married Jan 15 2003.
                  We left the country April 2003
                  Returned to the country on her B-2 Visitors visa April 29, 2003
                  Filed to adjust status May 2003.
                  Moved August 2003.
                  Received letter case was denied for not showing up for the interview after inquiring about the case July 2004.
                  Left the country August 2004.
                  Was not allowed to re-enter Sept 2004, allowed to withdraw petition at the port of entry and return to Mexico. Visitors visa canceled at the border.

                  Here is where things stand now.

                  Andy
                  andy

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