Need to go back to my husband

[Dee Ward]

Hi I'm a Canadian and my husband an American. We filed for K1 Visa and all went well. Got in the us Jun 4 and married July 25. We were I the process of doing the adjustment but never sent it out for my daughter back in Canada was in need of me so I left to care for her on or 30. Now it's been 2 months I'm back in Canada and I need to get back to my husband in us. I'm not sure if I'm able to cross the border for at the moment I have the K1 expired ..I really don't know what to do. Some say I should be able to go back to my husband and continue the process but I just don't want to get to the border snd have to return back. I have written to us consul in montreal etc but it's been a month no reply yet. I really don't know what to do. What steps and who or where to call ..I would like to go back to my husband...
We already did all thw I 130 etc when we were applying for K1. Do I have to redo all or can I just drive back to us.

[newacct]

Since you left the US while I-485 is pending without an Advance Parole, you have abandoned your I-485. You cannot enter the US on a K-1 visa even if it were not expired as you are married. The whole K-1 process is now wasted.

You would have to go through the consular processing process in Canada from scratch -- your spouse would file I-130 for you (and separate I-130s for your children), and wait until it is approved, and then it goes to NVC and the consulate, and eventually you get a CR-1 immigrant visa (and your children get CR-2). The whole process (from filing of I-130 to getting of immigrant visa) may take about a year.

You are not supposed to enter the US as a visitor with intent to immigrate while there, so if you try to do that you may be denied entry (and with a K-1 in your record, there is a good chance they will suspect immigrant intent). Don't lie to them if asked about anything. If they do let you in, and you didn't lie to them, then you can do Adjustment of Status in the US again -- your spouse would file I-130 and I-485 for you (and file separate I-130 and I-485s for your children assuming they are in the US too).