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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105656
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a Canadian who just last month married an American. We

Customer Question

I am a Canadian who just last month married an American. We did not apply for a k-1 visa. We have our wedding license now. We have not started any other paper work in terms of getting my green card or anything else.
My question is, I have to fly back home to Canada for an emergency, just how difficult is it going to be to get back over the border to come BACK to the untied states? WIll I be allowed? If so, what do I need?
Thanks
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Unfortunately, very difficult. If you haven't filed anything yet, there is a chance that they will just wave you on through, but if they stop you and ask you questions about why you are coming back so soon (which it probably will be soon) and they discover you a married to a U.S. Citizen or just discover your intent is to stay, one of three things can happen:

a) They will allow you to withdraw your request to enter the U.S. and you can go home, no penalty.

b) They will not allow you to withdraw your request to enter the U.S. and will order you excluded. This has a 5 year penalty that you cannot come back unless you get a very hard to get waiver.

c) They will not allow you to withdraw your request to enter the U.S. and they catch you in a lie and they exclude you with a permanent bar due to fraud and/or misrepresentation and with that charge you cannot come back unless you get a very hard to get waiver.

So there is no way to guarantee that you will not have a problem. If they don't let you back in, then it will probably be 6 to 9 months before you could get a K-3 or CR-1 visa to come back. If you can stay, it is possible to get an Advance Parole approved within 2 to 4 months. You can ask that it be expedited, but there is no guarantee of that either. Here is a link:

http://www.uscis.gov/forms/expedite-criteria

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.