Immigration Issues/K3 visa

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Question
Hi There Ajay.
I am a Canadian Citizen, married to a U.S. Citizen. While recently traveling from Canada to the United States to visit my husband just returned for Iraq, I was pulled aside at Customs because I did not have a "Spousal visa". They sent a file reporting me to the U.S. Consulate and allowed me to travel with an I-94 attached to the inside of my passport. Let me just say it was quite an unpleasant and traumatizing experience for me.
So I was wondering if my Husband and I will now have any difficulties in filing for a Green Card and if so what kind? Also what can we do to ease the process and remove my restrictions to the United States?

Answer
Hi Annie,

If you are married to a U.S. citizen, the immigration officer at the port-of-entry will assume that you have an intention to immigrate to the U.S. This intention to immigrate to the U.S. is not consistent with visiting the U.S.

Thus, I recommend that your husband sponsor you so that your next entry to the U.S. is on K3 visa. You will not have any trouble entering the U.S. on a K3 visa since this visa category is expressly for the purpose of immigrating to the U.S. based on spousal sponsorship.

The following USCIS website discusses the K3 visa category and is extremely helpful: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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