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WantingMyHubby

POE Denials

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Hi all,

I was denied entry at two separate POE's - both denials within hours of each other - and not due to bad intentions on our (my hubby and I) part. It was all because of our cluelessness with regards to the visa process, AND bad advice from one border guard (we were denied at one POE, but a guard said "who knows, you could get lucky at another POE"...we made an impulsive emotional decision to follow that advice, and we now regret it).

Now that I'm flagged in the system, do I have ANY chance of getting back through to visit? I would have as much documentation as possible to show my ties to Canada, but I don't think they'll give me the time of day once they see that I was denied - not once, but twice.

Has anyone been denied and tried to go back through? I am trying to get the phone #'s of those POE's to ask for their insight - if they say I have no chance, I won't try. My hubby and I eloped last year, but our "fake" wedding was to take place next month for a few close friends and family. I have every intention of returning to Canada for the visa process, I just wanted to avoid postponing the wedding.. :(

I appreciate any words of wisdom - I am so discouraged :(

Melissa

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Filed: AOS (apr) Country: Canada
Timeline

Did you get your picture taken by the webcam and have your fingerprints taken? And did they give you a "Withdrawal of Application for Admission/Consular Notification" form I-275? If you did, you're in the same boat as my wife.

I've asked numerous CBP officers on my travels back and forth to visit my wife, and they all have different answers, but none too encouraging. I called Toronto Pearson CBP, and they were really rude about it. But the majority of the people at CBP that I've talked to cautioned against trying to get back in...it basically comes down to you having strong enough ties to Canada that you'll return after visiting your spouse in the US. This would be your job, house payments, college classes, etc. But, even if you could provide that, most of the CBP officers said that it was highly unlikely that they would allow someone to go thru after being denied. I asked at the US Consulate in Toronto while we were there for our son's CBA, and they recommended we not do it either. But that CBP officer who told you that you may have luck with another officer was right...it's just a very, very low chance of actually getting that one officer who's nice enough to let you in.

If you didn't go before a judge and have a hearing, at this point, the denials of entry won't hurt you in the long run. Or so I've been told by the CBP officers. But if you keep trying and keep getting denied, it may impact you down the road, there may be a point where it does affect your visa application. Because if you did get the form I-275, you probably were told not to try again until you had your visa in hand.

Others may have different suggestions, but we are playing it safe and not even attempting it.

Good luck and sorry to hear about your wedding plans :wacko:

Timeline

7/11/2007 - I-130 NO1A Hard Copy

8/13/2007 - Son Drayson born in Sudbury, Ontario.

9/6/2007 - I-129F NO1

10/15/2007 - Trip to Toronto for Dray's Consular Birth Abroad, SS application, and US passport

3/18/2008 - NOA2 for both I-129 and I-130!! No touches or email notifications at all!

4/2/2008 - estimated that NVC received

4/9/2008 - estimated that K-3 was sent from NVC to USEMontreal

4/16/2008 - Received hardcopy from NVC

4/16/2008 - Packet 3 Received

4/24/2008 - Packet 3 Sent to USEMontreal

7/14/2008 Interview in Montreal!!!!

7/17/2008 Visa received

7/18/2008 POE Sault Ste Marie Michigan

8/21/2008 moving day...back to Anchorage, Alaska!

4/20/2009 AOS granted, 10 year Green Card arrives, Social Security # given :)

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

yes i have read of others from canada being denied and then able to re-eneter! Many didn't have ties to Canada with them and on the next trip they brought "evidence" had no problems! When it comes to entering the USA there is no hard and fast entry rule, seems to come down to the individual POE officer. I traveled monthly to DC during my cr-1 process and never had a problem, but others like urself have been denied. One could have 100% concrete evidence of returning to Canada, and you could still be denied! Here is info that I have passed on in the past, may have some use, or none at all:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3)keep ur response short and to the point, dont tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5)pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isnt going to get ya anywhere, and could make things worse!!

8) have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didnt lie! Refer to #1

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

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Filed: Other Timeline

What did they tell you the second time when you were denied? Did they tell you don't try again until you have a visa, or did they just say "nope, you're not getting in today? Did they fingerprint you and take your picture? Did they give you the letter mentioned above, or just tell you that you haven't shown enough evidence that you'd return to Canada?

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Thanks for the advice :)

The second time I was denied, they didn't directly tell me not to enter until I had a visa. I was given a VERY stern scolding from the guards, but no mention of not coming across until I had a visa in hand. The thing is, they knew I was going to apply for one, so why didn't they give me the I-275 (not that I'm complaining)?

They DID take my picture and fingerprints both times I was denied. However, all they gave my hubby were documents to show the border on the way back into Canada stating that I was denied entry to the US...also, that none of my goods were accepted. When my hubby drove back into the US (solo), they pulled him over, searched his car to make sure he wasn't bringing any of my stuff, asked him a few questions (where is your wife, what is she doing, etc), and sent him on his way after a total of half-hour.

So basically, I think I still have a VERY slim chance of getting through for my wedding. I'm going to call the 2nd POE (Champlain) to ask them whether my denials would result in an automatical denial (AGAIN) - if they say it would be based on my evidence of ties to Canada, I MIGHT try it...but I'm leaning towards not trying. I'm scared I would end up with THREE denials (especially if they strongly advise against trying). But, like I said...if they give me any hope whatsoever, I might try. If I do get refused, I will deal with it politely, turn around and not give any trouble.

My hubby's great-grandfather has been very sick the past couple of years, and we so desperately want him to attend the wedding. I wondered if I should try to get documents to show his illness to help our case at the border...but somehow, it feels like I'm exploiting his illness and makes me feel like a slimeball :(

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
What did they tell you the second time when you were denied? Did they tell you don't try again until you have a visa, or did they just say "nope, you're not getting in today? Did they fingerprint you and take your picture? Did they give you the letter mentioned above, or just tell you that you haven't shown enough evidence that you'd return to Canada?

Btw, Reba - are you located in Charlotte?? That's where I'm headed. once this mess clears up :)

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Thanks for the advice :)

The second time I was denied, they didn't directly tell me not to enter until I had a visa. I was given a VERY stern scolding from the guards, but no mention of not coming across until I had a visa in hand. The thing is, they knew I was going to apply for one, so why didn't they give me the I-275 (not that I'm complaining)?

They DID take my picture and fingerprints both times I was denied. However, all they gave my hubby were documents to show the border on the way back into Canada stating that I was denied entry to the US...also, that none of my goods were accepted. When my hubby drove back into the US (solo), they pulled him over, searched his car to make sure he wasn't bringing any of my stuff, asked him a few questions (where is your wife, what is she doing, etc), and sent him on his way after a total of half-hour.

So basically, I think I still have a VERY slim chance of getting through for my wedding. I'm going to call the 2nd POE (Champlain) to ask them whether my denials would result in an automatical denial (AGAIN) - if they say it would be based on my evidence of ties to Canada, I MIGHT try it...but I'm leaning towards not trying. I'm scared I would end up with THREE denials (especially if they strongly advise against trying). But, like I said...if they give me any hope whatsoever, I might try. If I do get refused, I will deal with it politely, turn around and not give any trouble.

My hubby's great-grandfather has been very sick the past couple of years, and we so desperately want him to attend the wedding. I wondered if I should try to get documents to show his illness to help our case at the border...but somehow, it feels like I'm exploiting his illness and makes me feel like a slimeball :(

I've been doing some reading on the embassy site: http://canada.usembassy.gov/content/conten..._cbp_complaints You can contact them & see if there's anything that can be done...I would do anything as this just isn't right! Good luck to you!!

jen

effective May 13, 2011 - back in Canada, journey is over

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

I've been doing some reading on the embassy site: http://canada.usembassy.gov/content/conten..._cbp_complaints You can contact them & see if there's anything that can be done...I would do anything as this just isn't right! Good luck to you!!

jen

Yeah, I actually came across that site the other day - unfortunately, I wouldn't be filing a complaint. As much as I know my intentions were good, I can't say that they did anything to warrant a formal complaint. I wish I could complain that they were MEAN and tried to use heavy intimidation tactics, but that's just the way most of them are. I don't think it's right for any of us to be denied when our sole intention is to be with our SO...but to be honest, I can't deem the denials were "unfair", because apparently I looked suspicious and they were just doing their job.

As for the waiver of inadmissibility (did I get that right?!), I was contemplating that, but it's so pricey and wouldn't get me there in time for the wedding. I can deal with waiting several months for the visa since he can visit me occasionally, but I just wanted to be there for the wedding.

Thanks for the suggestion though :) It's nice to feel understood and supported!

Edited by WantingMyHubby
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Filed: AOS (apr) Country: Canada
Timeline

I'm sorry to hear about your husband's great Grandfather being sick.

Please let me know if somehow you figure out how to get back into the US. I'd love to have my wife and baby come back for a visit...as much as I love Ontario , I'm getting tired of going there every month!

Timeline

7/11/2007 - I-130 NO1A Hard Copy

8/13/2007 - Son Drayson born in Sudbury, Ontario.

9/6/2007 - I-129F NO1

10/15/2007 - Trip to Toronto for Dray's Consular Birth Abroad, SS application, and US passport

3/18/2008 - NOA2 for both I-129 and I-130!! No touches or email notifications at all!

4/2/2008 - estimated that NVC received

4/9/2008 - estimated that K-3 was sent from NVC to USEMontreal

4/16/2008 - Received hardcopy from NVC

4/16/2008 - Packet 3 Received

4/24/2008 - Packet 3 Sent to USEMontreal

7/14/2008 Interview in Montreal!!!!

7/17/2008 Visa received

7/18/2008 POE Sault Ste Marie Michigan

8/21/2008 moving day...back to Anchorage, Alaska!

4/20/2009 AOS granted, 10 year Green Card arrives, Social Security # given :)

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Filed: Other Timeline
Btw, Reba - are you located in Charlotte?? That's where I'm headed. once this mess clears up :)

We're about an hour and a half west of Charlotte actually, in Morganton.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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