Freedom of Information Act and Border Crossings

[Aero and Dero 0]

On his latest trip down to the US, he was taken into secondary (as usual), and this time he asked if there was any way he could obtain the records of all his and my border crossings. We've only got our NOA1 now, but are trying to put together more information in case we get RFEs and for our (hopefully) future approval and interview process.

The border guard mentioned that while he can't release the files, under the Freedom of Information Act, we could file a request for that information to be released to us, but that it's a painfully long and bureaucratic process.

Has anyone done this?

[thetreble 19]

I really don't think it's necessary for him to do that. What, exactly, does he have to prove?

Also, who ever was speaking to him at the POE is not going to be dealing with his case so I don't understand why the BPO is so interested.

[SapphireDreams 71]

I don't think it's necessary either. It's common for Canadians to have less proof in terms of passport stamps since we can just drive across the border.

If you were denied entry, most likely the Consulate will be able to gather the information about that themselves if they really want to.

But generally they wouldn't ask for that kind of information, so I wouldn't waste your time!

[Aero and Dero 0]

To prove we've visited each other every weekend for 5 years? Or at the least, crossed the border for whatever reason. Esp. since our passports never get stamped crossing the border.

It was just a thought. More information doesn't hurt.

And I'm not sure where you're getting the idea the BPO was interested? He was just answering my fiance's question?

I don't think it's necessary either. It's common for Canadians to have less proof in terms of passport stamps since we can just drive across the border.

If you were denied entry, most likely the Consulate will be able to gather the information about that themselves if they really want to.

But generally they wouldn't ask for that kind of information, so I wouldn't waste your time!

Thanks.

[SonoranSongbird 3]

Oh that's why I thought you were asking. You really don't need it. For the I-129F, all you need to do is prove you met in person one time in the past 24 months. You don't really need any proof that you have a bona fide relationship until you get to the consulate (we sent some emails anyway, figuring that way it is in the file already along with whatever we bring to the interview). When we had our interview at the Vancouver consulate, all they asked for in terms of proof of a relationship was to see pictures. I only had about 8 of them, and only 2 or 3 had us together in them (there was one of my engagement ring when I first got it, another of my then-fiance with my dog, and a few with one or the other of us in Jasper National Park).

[Spoom 8]

There's actually a USCBP FOIA information website which provides a list of things they can and cannot give you. The main thing here is that you'll probably have to pay for it, and there will be some significant delays in getting that information. It's not impossible though.

[The_Dude 1,142]

There's actually a USCBP FOIA information website which provides a list of things they can and cannot give you. The main thing here is that you'll probably have to pay for it, and there will be some significant delays in getting that information. It's not impossible though.

Wouldn't they only have a record of your crossings since they made passports a requirement to cross?

[Spoom 8]

Depends. They might have scanned your driver's license, or if you had previously used a passport, they'd have a record whenever they scanned that. You can ask them to do a search on your name, you just have to be precise about what information you're requesting.

[Krikit 1,165]

The border guard mentioned that while he can't release the files, under the Freedom of Information Act, we could file a request for that information to be released to us, but that it's a painfully long and bureaucratic process.

Has anyone done this?

I've seen where some on VJ have done this and it's a painfully long and bureaucratic process. I don't think anyone's ever received a response. If they did, I missed it. lol

Like the others said..... you don't need to provide evidence of the crossings (re the request at the border). USCIS is already aware that the Canadians come and go all the time. You just need to provide evidence of being in each other's company within the last two years for the initial petition. If he was pulled into secondary there's some evidence right there in their database. While you're waiting for your interview you can take pics and keep documentation that you are in a relationship. Things like gas/restaurant receipts, pictures, and cards to each other and from other people. For example, I photocopied a card congratulating us on our engagement from his parents and sent it with a copy of the envelope. You really don't need to worry too much about it. It's only the Consulates/Embassies in places like the Middle East and Asia where you really have to prove a valid relationship.

[antda 13]

Hi Aero and Dero,

Likewise, I was wondering how I can get a copy of my border crossings between Canada and the USA, as over the years I have crossed the border a lot by land (I live close to the border) and have no record of such trips from the border officials (they don't stamp my Canadian passport).

For the AOS stage (I didn't go through the K1 stage...sorry, I have no clue about that...), they luckily they didn't ask for such travel records during my interview (lol..and the interviewer even wondered why I got a visitor's visa in the first place as Canada is exempt from such..to which I thought...you tell me...you're an immigration officer). They don't ask for any travel records for the I-751 stage either.

Now for the N-400/Citizenship stage....They do ask for records of trips outside of the USA since permanent residency. So I did list such trips to Canada, according to my own unofficial records, provided an explaination as to why I don't have official records in my passport, and said that if they wanted to verify my unofficial records they can find it themselves from their own official records (I can't be bothered additionally searching for and paying for records they might already have in their own government computers). Hopefully this will satisfy their requirements about recording such travels.

What I would recommend for you (and for any other Canadians) is to keep an unofficial record on your own about the trips you have made over the border over the years. Use a calendar, list, or whatever else...So in case they do ask about such cross-border Canada/USA trips in the future, you have an unofficial record already, and can verify it with their own official records. As well, if you have any additional proof of your trips (ticket stubs, itineries/agendas, photos, cards, etc.) keep those and show those as well when asked. Remember: Always tell the truth about such trips and you'll be ok there.

Hope this helps. Good luck with the rest of your immigration journey too.

Ant

On his latest trip down to the US, he was taken into secondary (as usual), and this time he asked if there was any way he could obtain the records of all his and my border crossings. We've only got our NOA1 now, but are trying to put together more information in case we get RFEs and for our (hopefully) future approval and interview process.

The border guard mentioned that while he can't release the files, under the Freedom of Information Act, we could file a request for that information to be released to us, but that it's a painfully long and bureaucratic process.

Has anyone done this?

Edited September 23, 2009 by Ant+D+A

[thetreble 19]

To prove we've visited each other every weekend for 5 years? Or at the least, crossed the border for whatever reason. Esp. since our passports never get stamped crossing the border.

It was just a thought. More information doesn't hurt.

And I'm not sure where you're getting the idea the BPO was interested? He was just answering my fiance's question?

Sorry, I didn't read the part properly where you said your fiancee asked the Border Officer and not the other way around.

It's still not necessary. I don't know any one who has done this before and I'm sure you both have enough evidence to prove you have been in a relationship without those records.

[SonoranSongbird 3]

Now for the N-400/Citizenship stage....They do ask for records of trips outside of the USA since permanent residency.

Oh, thank you, Ant! That is something I did not know. That is a long way off for us but it's good to know now so we can document any day trips to BC from my mom's house.

[thetreble 19]

Now for the N-400/Citizenship stage....They do ask for records of trips outside of the USA since permanent residency. So I did list such trips to Canada, according to my own unofficial records, provided an explaination as to why I don't have official records in my passport, and said that if they wanted to verify my unofficial records they can find it themselves from their own official records (I can't be bothered additionally searching for and paying for records they might already have in their own government computers). Hopefully this will satisfy their requirements about recording such travels.

Oh shite! I can apply next year, and was planning on it, but I can't remember every time I went home....nor do I have very many records of it as I just drove.

[JillA 2]

Now for the N-400/Citizenship stage....They do ask for records of trips outside of the USA since permanent residency. So I did list such trips to Canada, according to my own unofficial records, provided an explaination as to why I don't have official records in my passport, and said that if they wanted to verify my unofficial records they can find it themselves from their own official records (I can't be bothered additionally searching for and paying for records they might already have in their own government computers). Hopefully this will satisfy their requirements about recording such travels.

Oh shite! I can apply next year, and was planning on it, but I can't remember every time I went home....nor do I have very many records of it as I just drove.

In the K-1 process, they ask you how often you have been to the US and to list trips, etc... most people put "numerous visits" none longer than 3 weeks, etc. maybe you could do the same for naturalization. Most people aren't going to remember all their trips back to Canada by the time they apply for naturalization! I'm sure you don't have to be that specific, or I hope not anyway!

[antda 13]

Hi Everyone,

SonogranSongbird-No problem, glad to be able to help there. And yes, good to know now ahead of time, so you can start keeping track of these trips that you took before and that you will take in the future...So, start making a list and keeping a record now, if you haven't done such already, so that you will be ready when the time comes for citizenship.

Oh, thank you, Ant! That is something I did not know. That is a long way off for us but it's good to know now so we can document any day trips to BC from my mom's house.

Thetreble-Try to remember as many trips as you can, to tbe best of your ability, as yes, they will ask for such when you apply for citizenship. Anything that you remember about these trips will certainly help. For example, did you travel back during a special occasion/event, season, etc., which hence will help you remember which exact dates you travelled on? Is there anyone you can ask that can help you remember such trips too (for example, did you visit anyone there?). Lol..I don't have any official records of my many trips driving over either..so I just have to rely on memory (and a little bit of help from others in remembering) there...So, start making a list and keeping a record now, if you haven't done such already, so that you will be ready when the time comes for citizenship

Oh shite! I can apply next year, and was planning on it, but I can't remember every time I went home....nor do I have very many records of it as I just drove.

JillA-Sorry, for the naturalization/citizenship application process, you can't just say "numerous visits". According to the N-400 form, they specifically ask the applicant to list "trips more than 24 hours" outside of the USA, which includes the following information: date you left the USA, date you returned to the USA, did your trip last more than 6 months, countries you traveled to, total days outside of the USA. The reason they ask this is to see if you have met the 'continuous residency' requirement in your eligibility for citizenship at the time and to see if you still have premanent residency status in the USA (you can't be more than 6 months outside of the country at one time or risk losing your status). As I said before, try to remember as many trips as you can, to tbe best of your ability, as yes, they will ask for such when you apply for citizenship. Anything that you remember about these trips will certainly help. So, start making a list and keeping a record now, if you haven't done such already, so that you will be ready when the time comes for citizenship.

In the K-1 process, they ask you how often you have been to the US and to list trips, etc... most people put "numerous visits" none longer than 3 weeks, etc. maybe you could do the same for naturalization. Most people aren't going to remember all their trips back to Canada by the time they apply for naturalization! I'm sure you don't have to be that specific, or I hope not anyway!

Hope this helps too. Good luck with the rest of your immigration journeys.

Ant