Canadian husband refused at border - complications?

[prentice 0]

Hi everyone.

My Canadian husband was originally scheduled by the NVC to have his visa interview at the consulate in Montreal on January 6th. However, his flight from Toronto was cancelled due to the weather. He now has an appointment for February 25th.

I haven't seen my husband since 2012, and I want very much to see him again. He tried to come visit last week and was refused at the border! He had his return ticket and everything. They didn't think he was going to genuinely visit. It was a traumatic experience; the border agents were mean and they took his fingerprints and photographed him.

Can anyone tell me if will this border refusal result in problems at his interview? I have an appointment with a lawyer on Friday. Thanks in advance!

(Edit for typo.)

Edited January 27, 2014 by prentice

[Ontarkie 14,144]

~~Moved to the Canada Forum~~

Sorry your husband was refused, it happens more often then most ppl think. Did they say anything about needing more ties to Canada? If it was do to not having ties to Canada he might be able to try again with proof he will return his interview letter for starters would also be great proof.

It will not be a problem at his interview, he will just need to mention it at his interview to update his forms.

Edited January 27, 2014 by Ontarkie

[Cathi 5,716]

this won't complicate anything at the interview as long has he was truthful when trying to enter. There is no reason to see an attorney unless he lied about something while trying to enter, they probably just thought he didn't have proof of ties to home

[prentice 0]

They repeatedly accused him of lying...He doesn't do well under pressure.

They told him not to come back until he has a visa! He's not going to try to visit again until he gets his green card.

I read online that entering the US through misrepresentation (illegally) is one of the major reasons for green card denial. I'm just terrified that his visa will be denied.

[Cathi 5,716]

What did they accuse him of lying about? How did he try crossing the border by air or by car? was he travelling with a lot of baggage, perhaps looking like he was moving?

[Boiler 44,955]

Why can you not visit him?

[prentice 0]

Thank you so much for your responses and support.

He tried crossing by airport shuttle over the Peace Bridge into Buffalo. He had our dog and cat (he was planning on leaving them with me) with their border papers from the vet, and he was carrying just a backpack full of clothes. They seemed to think it wasn't enough luggage.

The even called his landlord, who only made the situation worse. My husband has a month-to-month lease in which he paid first and last month's rent. He told the border agents that he has an apartment at least through February, since he paid last month's rent upon moving in several years ago. The landlord (who has changed hands several times in just a few years) told them he's only paid through January, apparently forgetting that he has an extra month.

They asked if he had talked about moving to Florida, which of course he has. What did they expect? We're trying to get a green card, after all. Then they asked if anything had been moved from the apartment, and the landlord confirmed that there was a moving truck at the apartment recently. However, that was all my stuff being moving back to Florida in my name. It was only a partial move. He still has a sofa, bed, etc. The stuff moved to my apartment in Florida included my books, artwork, diplomas, piano keyboard, sewing machine, espresso machine, women's clothing and shoes, etc.

He also recently quit his job, which didn't help, either. Ugh.

Edited January 27, 2014 by prentice

[Boiler 44,955]

Should not impact an immigrant visa, but sounds like he left them with little choice.

[Hypnos 6,576]

From all you said, that's good prima facie evidence for CBP that your husband was planning on moving to the US on this trip. You say he wasn't and I take you at your word (it would seem fairly silly, with his immigrant visa interview right around the corner) but you have to understand how it looked to CBP. They particularly seem to take an interest when you bring pets here; I recall someone else having the same problem who was bringing a cat or dog or something like that.

Anyway, it won't have any bearing on anything. He can try again armed with more proof of needing to return to Canada at the end of his authorised stay (and chief amongst this would be his visa interview letter, as someone else pointed out), although you could always visit him instead.

Edited January 27, 2014 by Hypnos

[Cathi 5,716]

^^^^^^^^^this....I agree, showing up with the animals threw up a red flag. But don't be so nervous, it really won't have any bearing on his interview, I'm sure he'll be fine. This has happened to others before you, whether it was from Canada or overseas, and the beneficiaries were successful at their interviews. Best of luck and keep us updated.

[NikLR 13,227]

Our famous saylin was denied twice. dont worry as he's not banned it's really not an issue.

[prentice 0]

Thanks everyone! I really appreciate the feedback and support. I am going to speak with a lawyer on Friday. I'll be sure to keep you updated.

[Allie Wabbit 1]

From all you said, that's good prima facie evidence for CBP that your husband was planning on moving to the US on this trip. You say he wasn't and I take you at your word (it would seem fairly silly, with his immigrant visa interview right around the corner) but you have to understand how it looked to CBP. They particularly seem to take an interest when you bring pets here; I recall someone else having the same problem who was bringing a cat or dog or something like that.

Anyway, it won't have any bearing on anything. He can try again armed with more proof of needing to return to Canada at the end of his authorised stay (and chief amongst this would be his visa interview letter, as someone else pointed out), although you could always visit him instead.

To be honest, it is all unpredictable and makes no sense.

I am Canadian and often cross the border to see my husband. The last two visits I have brought my dog with me. The CBP didnt pay her any mind. At no point was I asked for her documents, nor was I given a hard time or extra questions. Both visits were by air.

The first one I was not even asked the purpose of the visit. We had a nice brief chat about the weather and long lines at customs, I was stamped and let in.

The second time was asked for purpose of visit, to which I replied with "visiting my husband". I then made a joke about not being able to wait til I see him and can they tell we are newlyweds and after a chuckle and a stamp was told to have a great day and come on in.

By contrast, during the summer, when I took the Megabus and crossed over by Niagara I was given such a hard time by the CBP. The guy looked me in the eye and said that is not me in the passport. When I sheepishly joked that given 5 minutes and my make up bag I can restore his faith in passport pictures I realized this is a guy without ANY sense of humour or any sense for that matter. He then demanded to see what I had in my purse, took it from my hands and rummaged through my money looking for extra ID. Told him I never needed anything beyond a passport for my visits to USA or even when in transit via USA. He then rummaged through my handbag. Demanded to see if I have more luggage and sent me for a search at one of the tables. I have nothing to hide but the more he treated me like shite, the more flustered I got. The way they interrogate is appalling and can turn an innocent person into a nervous wreck. I honestly thought he was going to blacklist me from entering the States just because of his foul mood...

Thereafter, I have dreaded my visits but every time "visiting my husband" has worked like a charm.

[Hypnos 6,576]

Certainly it can vary from officer to officer, but doing things like (i) bringing pets, and (ii) bringing a large amount of luggage (more than would be required for the stay) are things that will often get you CBP's attention.

It sounds like you encountered a real #######, however.

[Allie Wabbit 1]

Certainly it can vary from officer to officer, but doing things like (i) bringing pets, and (ii) bringing a large amount of luggage (more than would be required for the stay) are things that will often get you CBP's attention.

It sounds like you encountered a real #######, however.

I completely agree both about the pets and the large amount of luggage.

Shortly after this thread I headed back to Canada with my pooch. That was the first time someone "noticed" I have the dog with me. Because the Sherpa dog bag looks like a duffel bag and my pooch is quiet and still I dont think they clue in that I am traveling with a pet I said "yes, am coming back home and both her and I are tired" which puzzled the Canadian customs officer ... So he asked to see her paperwork

And yes, that guy was a major douche, for sure