Denied visitors visa twice (I130 pending approval)

[Moving south! 0]

I am a Canadian and I married an American on Jan 01, 2012 in Canada. My husband lives in the US and we applied for the I130 and received our receipt on Feb 29th, 2012. I have come and gone in and out of the US 3 times in the last month, however this past weekend I was denied twice. I provided every piece of documentation asked of me, however I was told that I had insufficient ties to Canada as I am a nurse that works "casual/on-call shifts" and I live at my parents house etc...I am just curious if anyone else has had similar treatment at the border and could suggest any ways to prove I have no intentions to stay in the US illegally while my visa is pending. I had proof of employment, tax returns, bank statements, return flight, marriage license, receipt of my I130! Verrry frustrated at this point as my husband is graduating at the end of May and Im concerned I won't be allowed entrance for that! Any suggestions would be much appreciated! Thanks!

[Inky 1,110]

Moved from spousal forums to Canada forum as its a question about entry from Canada and if other people have had it happen.

You weren't denied a visitor visa - if that had happened you would of been at the US embassy for an interview to get a visitor visa. You were denied entry to the USA as a visitor.

It has happened to many Canadians for the same reason " not enough ties to Canada ".

[grrrrreat 109]

I am a Canadian and I married an American on Jan 01, 2012 in Canada. My husband lives in the US and we applied for the I130 and received our receipt on Feb 29th, 2012. I have come and gone in and out of the US 3 times in the last month, however this past weekend I was denied twice. I provided every piece of documentation asked of me, however I was told that I had insufficient ties to Canada as I am a nurse that works "casual/on-call shifts" and I live at my parents house etc...I am just curious if anyone else has had similar treatment at the border and could suggest any ways to prove I have no intentions to stay in the US illegally while my visa is pending. I had proof of employment, tax returns, bank statements, return flight, marriage license, receipt of my I130! Verrry frustrated at this point as my husband is graduating at the end of May and Im concerned I won't be allowed entrance for that! Any suggestions would be much appreciated! Thanks!

Do you have a work schedule you could show them saying when you had to be back at work?

[jazzly 3]

Get an employment letter from your HR, stating how long you have been working at this hospital and that you're a regular employee who gets certain amount of hours weekly at a minimum. Also bring your latest 4 pay stub copies supporting the number of hours you worked each pay period.

If you can't produce a letter of such nature then ask yourself. If you're really 'not so' regular nurse and don't have enough hours to show, it will be hard to convince anyone that you will not quit this job. I think you'll find the answer yourself.

I am just trying to help, by putting myself on the other side of the window at the border. This way I always find the right and justifiable answer.

Edited April 9, 2012 by jazzly

[grrrrreat 109]

Get an employment letter from your HR, stating how long you have been working at this hospital and that you're a regular employee who gets certain amount of hours weekly at a minimum. Also bring your latest 4 pay stub copies supporting the number of hours you worked each pay period.

If you can't produce a letter of such nature then ask yourself. If you're really 'not so' regular nurse and don't have enough hours to show, it will be hard to convince anyone that you will not quit this job. I think you'll find the answer yourself.

I am just trying to help, by putting myself on the other side of the window at the border. This way I always find the right and justifiable answer.

I agree, the facts the poster described would probably cause me to deny entry if I were a border officer. Poster should try to find more evidence of intent to return.

[alizon 77]

I had proof of employment, tax returns, bank statements, return flight, marriage license, receipt of my I130! Verrry frustrated at this point as my husband is graduating at the end of May and Im concerned I won't be allowed entrance for that! Any suggestions would be much appreciated! Thanks!

Try to get a letter from your employer that says that you are expected back at work on a specific date, or at least that you are expected to be available/on call for work again on a certain date. Since you're living with your parents, it seems like there isn't much more you can bring as proof, unless you draw up a formal lease with them. Perhaps give the visits a rest for a while and try again in May? Maybe having a particular event that you are visiting for will help.

Where have you been trying to cross?

[at long last 58]

I am a Canadian and I married an American on Jan 01, 2012 in Canada. My husband lives in the US and we applied for the I130 and received our receipt on Feb 29th, 2012. I have come and gone in and out of the US 3 times in the last month, however this past weekend I was denied twice. I provided every piece of documentation asked of me, however I was told that I had insufficient ties to Canada as I am a nurse that works "casual/on-call shifts" and I live at my parents house etc...I am just curious if anyone else has had similar treatment at the border and could suggest any ways to prove I have no intentions to stay in the US illegally while my visa is pending. I had proof of employment, tax returns, bank statements, return flight, marriage license, receipt of my I130! Verrry frustrated at this point as my husband is graduating at the end of May and Im concerned I won't be allowed entrance for that! Any suggestions would be much appreciated! Thanks!

maybe try a different crossing

[Moving south! 0]

I did have a letter from my employer stating my employment, however I have been in a "casual/on-call" position for two years and get over full-time hours with this and it enables me to visit the US as I've needed while we were dating. I tried to drive through and then when they denied my entrance, they advised me not to try again in this way, but perhaps to fly and obtain more documentation (which they specified which ones they wanted). I tried to fly the next day with the documentation they asked of me and they still denied my visit. They told me that I am not barred for any length of time, that I can try again whenever, but that I should provide even more information and prove more significant ties to the US. Has anyone had negative consequences for continuing to try to cross the border?

[Moving south! 0]

Also...I have my husbands med school graduation to attend, as well as an American wedding reception for us and a return flight ticket for the day after. This still didn't seem to help!

[Dave&Roza 748]

Also...I have my husbands med school graduation to attend, as well as an American wedding reception for us and a return flight ticket for the day after. This still didn't seem to help!

All of those things are in the US. Ask your self the question, "What do I have to loose if I drop everything and just stay in the US?" You have no property, no full time regular job, you have family, what else. You have a husband in the US you are in the process of applying for a visa to live with--maybe you will just use a tourist visa to enter the US and stay with your husband. You must remember that you are guilty of intent to immigrate until you prove other wise. That burden of proof is on YOU. From what read you have more ties to the US than Canada. A return ticket does not mean you are going to go back it just means you have a reserved spot on an airplane. If you do not use it you loose the money.

Good luck.

Dave

[Moving south! 0]

All of those things are in the US. Ask your self the question, "What do I have to loose if I drop everything and just stay in the US?" You have no property, no full time regular job, you have family, what else. You have a husband in the US you are in the process of applying for a visa to live with--maybe you will just use a tourist visa to enter the US and stay with your husband. You must remember that you are guilty of intent to immigrate until you prove other wise. That burden of proof is on YOU. From what read you have more ties to the US than Canada. A return ticket does not mean you are going to go back it just means you have a reserved spot on an airplane. If you do not use it you loose the money.

Good luck.

Dave

I realize it looks a little suspicious, but would it not look more suspicious now if I do get a full time job or an apartment? Even if I do, would you think that would be sufficient evidence to prove I actually just want to be there for my husbands grad and for these family functions?!

[alizon 77]

I realize it looks a little suspicious, but would it not look more suspicious now if I do get a full time job or an apartment? Even if I do, would you think that would be sufficient evidence to prove I actually just want to be there for my husbands grad and for these family functions?!

I don't think those things are going to look more suspicious, but they might be more trouble than they're worth, depending on how long you intend to stay in Canada after you get your visa. It should take you only about 8-9 more months.

You said you have a letter from your employer, but I suggested that you get one that specifically says something like: "We have granted Moving South leave to attend her husband's graduation from May 13-17. She has committed to returning to being on call at our hospital in [town where you live] by May 18 and will continue working for us at least through [however many months you plan to still be in Canada]." I feel like that's the best you can do in your current circumstances. Stop trying to cross until you really, really need to for the graduation and bring a program for it or schedule of events, plus your new employment letter, plus a copy of your NOA1. Another option is to have your parents put a utility bill in your name. Make sure you only bring one suitcase of clothes and nothing more. No slowly moving your possessions to your husband's house.

No one can predict whether you'll be allowed to cross the border, but those are all the ways I can think of to help you make it obvious that you are not trying to circumvent the legal process.

It's also possible that it's not just lack of ties and that there is something else going on with your file (maybe the fact that you visit so often, 3 times in one month? How long have those visits been? Did you say you were going to leave on a certain date and then not leave until later?). My husband was never denied entry, and he only worked an hourly job where he set his own hours. Once he established a pattern of coming and leaving when he said he would, they didn't even check his proof of ties anymore.

[s88 1]

Did you consider applying for a Nexus Card?

I had one long before we got engaged and it helped me tremendously when I was crossing the border.

Not sure if they'll approve it but it may be worth a shot.

All I did was bring all my paperwork, a letter from my employer, bank account info and such.

I do have a full time job though that I've worked at for 11 years, so I'm sure that helped me out as well.

I never needed anything except the proof from my immigration paperwork.

Wish you the best of luck. I can't imagine how hard that must have been - to be denied entry

I would have been super upset if it were me.

Edited April 11, 2012 by s88