Trip Abroad - Layover in US Okay? (pre-IR-1)

[WantingMyHubby 0]

Hello!

My hubby and I have yet to start our IR-1 application (he's waiting to receive his passport). I'm the Canadian that will be applying for the immigration visa and for specific reasons, I do not want to visit the US until I have the visa on hand. On the flip side, he will not be visiting Canada for a little while. We've decided to take a 2 week vacation somewhere in the caribbean (in the somewhat-near future).

Technically, I know we shouldn't have a problem because I'll be going through customs at the PE Trudeau airport in Montreal and my destination will be the caribbean. But what if I have a layover in the US? The reason I'm so worried is because I've been refused entry to the US before and am paranoid that they won't let me through based on the connecting flight.

Has anyone had experience they could share w/me (especially with the PE Trudeau Airport)? It would be much appreciated!

P.S. Just to clarify, I would obviously bring some paperwork to show my life here in Canada, in case they needed to see anything....

[Bern. 3]

Just bring evidence of strong ties to Canada. I hate going to the US too, but I have to visit my husband so I really don't have a choice. And just be honest and confident with the officer at POE. If suspects that you're acting fishy, then he might pull you into secondary. But in my experince, if you're just connecting, then they generally don't give you a big fuss.

When they ask you, where are you going, just say, I'm going to the Carribbean for a vacation but I have a stop over ____(place in USA). If they question you further, just answer with confidence.

Edit; if you have been refused entry, chances are they might ask about it. Just know why you were denied, and have proof that you're going back home.

Edited March 24, 2009 by Ber + Ter

[payxibka 10,045]

There is no such thing as a US transit visa... All aliens passing through a US POE or Pre-clearance facility are officially admitted to the USA. So with that said, all aliens must meet entry requirements. There is no guaranty that even if you are just stopping over that you will be allowed to do so, eventhough one would think you would be. I would hate to tell you that you will have no issues.

Edited March 24, 2009 by payxibka

[Kathryn41 3,205]

What was the reason you were previously denied entry to the US? If it is because they thought you were an immigrant risk then make sure you have proof of your ties to Canada and you should be ok. If it is another reason, then it will depend on that reason if they will or will not allow boarding. Are you sure you would even be going through US immigration and customs if the ultimate destination is the Caribbean?

Edited March 24, 2009 by Kathryn41

[WantingMyHubby 0]

Thanks for your replies...

First off, no, I'm not even sure I would be passing through US immigration. But like payxibka said, I have to be officially admitted to the US if I'm even just passing through a POE, right? The way Pierre Elliot Trudeau usually works is that you go through US customs in Montreal to go to the US. For an international flight, I guess it makes sense that you would still have to go through US immigration if your connecting flight is in the US...otherwise you could just exit the US airport when you land for your connection. From what I rememeber in Charlotte, there's no customs when you land...

I'm embarrassed to recall my refusal at the border, but my hubby and I tried to move me to the States, thinking I could do the whole visa process there. Trust me, I did NOT intend on living there as an illegal alien, we were just very naive and had to learn the hard way. Unfortunately, I was refused, but there's nothing I can do to change the past. Now I'm just trying to figure out a way to see each other in the caribbean in the most simple way possible! I guess it would be easiest if I found either a direct flight, or a flight that doesn't connect in the US....

I even found flights where I could meet my hubby in Charlotte and then we could fly to the caribbean together, which I thought was awesome because we would have that extra flying time together. But if they end up being suspicious for whatever reason, I don't want to fuel that suspicion when they see I was planning on connecting in Charlotte. It could look like I plan on sneaking into Charlotte and staying there.

I really just want to see him and have only good intentions, but it's better to prepare for the worst...

[payxibka 10,045]

A US Pre-clearance facility in Canda is immigration and customs both....

[Kathryn41 3,205]

Ok - so you were stopped because they believed you had immigrant intent. You shouldn't have any real problems now as you will have return air flight tickets to a non-US destination which shows your intent is not to enter the US. Bring with you proof of your attachments to Canada - a letter from your employer saying when you will be back to work/pay stubs; copy of your lease or mortgage/rental insurance; car papers (loan/insurance/registration); copies of household utilities that you are still paying on an ongoing basis (ISP, hydro, gas, etc.) - think creatively of things that show ties to Canada and then bring documentary evidence of those ties. If you are asked if you were ever denied entry to the US, you need to say yes and explain the circumstances. You sound like you are in a much better position now, information wise and experience wise, and I expect you will probably not have any serious issues. Just tell the truth and be prepared. Enjoy your holidays.

Oh, if you are wondering if you would need to clear US customs, then ask the airlines who is handling the first leg of the flight that question. If your luggage is booked directly through to your final destination you may not and only go through Customs and Immigration in the Caribbean. If you have to collect your luggage before going to the 2nd leg of the flight plan you probably would have to go through US Customs and Immigration.

Edited March 24, 2009 by Kathryn41

[SapphireDreams 71]

Unless you have really strong ties, I would find a direct flight to avoid any problem and for piece of mind because a stopover in the US will result in the same US customs as a US flight.

There are lot's of flights from Toronto - perhaps you could fly through Toronto?? Just an alternate suggestion!

[YADFERBERG 0]

Thanks for your replies...

First off, no, I'm not even sure I would be passing through US immigration. But like payxibka said, I have to be officially admitted to the US if I'm even just passing through a POE, right? The way Pierre Elliot Trudeau usually works is that you go through US customs in Montreal to go to the US. For an international flight, I guess it makes sense that you would still have to go through US immigration if your connecting flight is in the US...otherwise you could just exit the US airport when you land for your connection. From what I rememeber in Charlotte, there's no customs when you land...

I'm embarrassed to recall my refusal at the border, but my hubby and I tried to move me to the States, thinking I could do the whole visa process there. Trust me, I did NOT intend on living there as an illegal alien, we were just very naive and had to learn the hard way. Unfortunately, I was refused, but there's nothing I can do to change the past. Now I'm just trying to figure out a way to see each other in the caribbean in the most simple way possible! I guess it would be easiest if I found either a direct flight, or a flight that doesn't connect in the US....

I even found flights where I could meet my hubby in Charlotte and then we could fly to the caribbean together, which I thought was awesome because we would have that extra flying time together. But if they end up being suspicious for whatever reason, I don't want to fuel that suspicion when they see I was planning on connecting in Charlotte. It could look like I plan on sneaking into Charlotte and staying there.

I really just want to see him and have only good intentions, but it's better to prepare for the worst...

I think you will be fine however please note that i'm in a similar boat and my LAWYER told me not to chance it as its not worth it. I ended up paying twice as much for a direct flight to costa rica. Granted my lawyer is overly cautious, however its my life and its worth being overly cautious about! good luck!

[WantingMyHubby 0]

It's pretty clear that having an extra 6-7hrs of flying time with my husband isn't worth the risk of being turned back at immigration/customs. Unfortunately, most flights connect through the US, but there ARE alternatives. I would have decent documentation - letter from my employer, 1.5yrs of pay stubs, credit card history, bank account history, any visa paperwork to prove that we're in the process of applying...on the other hand, I still live at home and have few bills to pay (which is GREAT for my savings, but doesn't help so much to help show ties to Canada).

I think it would be completely worthwhile to pay a bit extra for peace of mind. Of course, I will still bring all of the documents to show my ties here (just in case), but I think avoiding any potential complications makes sense. Guess I just got carried away w/the thought of being able to spend a bit more time w/my hubby...I'm sure most of you understand when I say that every single minute with my husband is precious to me.

SapphireDreams, I just noticed today that I can fly Montreal-Nassau (where we'll probably go) with a connecting flight in Toronto So yeah, I'll probably go that route!!

If anyone thinks of any other helpful tips, I'd love to hear them. Otherwise, I already feel a lot better, even though we're only going in 6 months or so. Thanks so much to you ALL for your helpful advice!!!