K1 and Visitation

[Aero and Dero 0]

I searched the forum and only found one relevant topic, so maybe my search terms were wrong.

My Canadian fiance was just detained at the border (driving) for 3 hours, because the border agent said that while in the process of filing for a K1 visa, you are automatically denied entry into the United States, but they let him through this one time.

From the little I've read on this forum, this seems patently false as long as you can prove your ties to return to Canada. Can anyone point me to official documentation that states this one way or the other?

[baron555 934]

I searched the forum and only found one relevant topic, so maybe my search terms were wrong.

My Canadian fiance was just detained at the border (driving) for 3 hours, because the border agent said that while in the process of filing for a K1 visa, you are automatically denied entry into the United States, but they let him through this one time.

From the little I've read on this forum, this seems patently false as long as you can prove your ties to return to Canada. Can anyone point me to official documentation that states this one way or the other?

Since they let him through obviously he wasn't categorically denied.

[Aero and Dero 0]

I searched the forum and only found one relevant topic, so maybe my search terms were wrong.

My Canadian fiance was just detained at the border (driving) for 3 hours, because the border agent said that while in the process of filing for a K1 visa, you are automatically denied entry into the United States, but they let him through this one time.

From the little I've read on this forum, this seems patently false as long as you can prove your ties to return to Canada. Can anyone point me to official documentation that states this one way or the other?

Since they let him through obviously he wasn't categorically denied.

Obviously. Which is why I think this is bullshit, but it'd be nice to be able to find some kind of official information somewhere, print it out, and have him carry it with him so he won't get denied again.

[baron555 934]

I searched the forum and only found one relevant topic, so maybe my search terms were wrong.

My Canadian fiance was just detained at the border (driving) for 3 hours, because the border agent said that while in the process of filing for a K1 visa, you are automatically denied entry into the United States, but they let him through this one time.

From the little I've read on this forum, this seems patently false as long as you can prove your ties to return to Canada. Can anyone point me to official documentation that states this one way or the other?

Since they let him through obviously he wasn't categorically denied.

Obviously. Which is why I think this is bullshit, but it'd be nice to be able to find some kind of official information somewhere, print it out, and have him carry it with him so he won't get denied again.

Alas, the Get out of Jail Free card may not exist since every CBP person has authority to see it their way, based on their training and experience.

I know you know this. Lucky this time doesn't mean the same the next. Soon you two will be together.

My Russian Woman can not drive to see me, so you are lucky in that regard. Cherish the moments.

[Otto 83]

HERE is the best information on this subject on VJ - entry to the US is always up to the individual CBP's interpretation of course and there is no 'you will, you shall, you must' ruling to state otherwise.

[Aero and Dero 0]

HERE is the best information on this subject on VJ - entry to the US is always up to the individual CBP's interpretation of course and there is no 'you will, you shall, you must' ruling to state otherwise.

Thank you for being helpful. So this does mean it's not /government/ policy that everyone undergoing the visa process is automatically denied entry. Which means the border agent lied or doesn't know better himself.

He's already taken into secondary every time he visits anyway to prove his ties to Canada (we've been doing this border crossing thing for 8 years now), so theoretically, it's no different and since they allowed him into the country he doesn't have another 'denied entry' stamp on his record, which means no six month ban. Hopefully.

[kizza 1]

HERE is the best information on this subject on VJ - entry to the US is always up to the individual CBP's interpretation of course and there is no 'you will, you shall, you must' ruling to state otherwise.

Thank you for being helpful. So this does mean it's not /government/ policy that everyone undergoing the visa process is automatically denied entry. Which means the border agent lied or doesn't know better himself.

He's already taken into secondary every time he visits anyway to prove his ties to Canada (we've been doing this border crossing thing for 8 years now), so theoretically, it's no different and since they allowed him into the country he doesn't have another 'denied entry' stamp on his record, which means no six month ban. Hopefully.

Is that what happens when you are denied entry, you get a 6-month ban?

[Aero and Dero 0]

HERE is the best information on this subject on VJ - entry to the US is always up to the individual CBP's interpretation of course and there is no 'you will, you shall, you must' ruling to state otherwise.

Thank you for being helpful. So this does mean it's not /government/ policy that everyone undergoing the visa process is automatically denied entry. Which means the border agent lied or doesn't know better himself.

He's already taken into secondary every time he visits anyway to prove his ties to Canada (we've been doing this border crossing thing for 8 years now), so theoretically, it's no different and since they allowed him into the country he doesn't have another 'denied entry' stamp on his record, which means no six month ban. Hopefully.

Is that what happens when you are denied entry, you get a 6-month ban?

In my experience? Yes. They'll make a few exceptions during the six months, but will deny you entry after detaining you for 2-3 hours during the six months after the first rejection.

[kizza 1]

HERE is the best information on this subject on VJ - entry to the US is always up to the individual CBP's interpretation of course and there is no 'you will, you shall, you must' ruling to state otherwise.

Thank you for being helpful. So this does mean it's not /government/ policy that everyone undergoing the visa process is automatically denied entry. Which means the border agent lied or doesn't know better himself.

He's already taken into secondary every time he visits anyway to prove his ties to Canada (we've been doing this border crossing thing for 8 years now), so theoretically, it's no different and since they allowed him into the country he doesn't have another 'denied entry' stamp on his record, which means no six month ban. Hopefully.

Is that what happens when you are denied entry, you get a 6-month ban?

In my experience? Yes. They'll make a few exceptions during the six months, but will deny you entry after detaining you for 2-3 hours during the six months after the first rejection.

They didnt tell me that when I got denied entry in April, but I have gotten a different answer from each person I have talked to ever since lol

Last one was "I wouldnt book tickets if I were you", from a very sympathetic customs officer we went to talk to when Matt was in town (there is a POE at the airport in Montreal, 15 minutes from my house). So I wasnt even going to try to enter for a while....

[Carlawarla 1]

There are a few Canadian VJer's that were detained at the border. Some had to go back and get more evidence of ties to Canada, some were fingerprinted, photographed, and given a one year ban. I've yet to hear of a 6 month. Always tell the truth when crossing, and if you've started the process, having a copy of your NOA2, or any other visa process documentation in addition to regular evidence of ties to Canada, bring it.

Something must be in the wind. Several VJer's coming from Canada in into the U.S. while visiting have faced extra scrutiny lately it seems and tons have been pulled into secondary when they usually haven't been.

Best of luck in further crossings! Remember, decisions made by Border officials are discretionary.

[kizza 1]

There are a few Canadian VJer's that were detained at the border. Some had to go back and get more evidence of ties to Canada, some were fingerprinted, photographed, and given a one year ban. I've yet to hear of a 6 month. Always tell the truth when crossing, and if you've started the process, having a copy of your NOA2, or any other visa process documentation in addition to regular evidence of ties to Canada, bring it.

Something must be in the wind. Several VJer's coming from Canada in into the U.S. while visiting have faced extra scrutiny lately it seems and tons have been pulled into secondary when they usually haven't been.

Best of luck in further crossings! Remember, decisions made by Border officials are discretionary.

it really puzzles me ... I dont understand why someone would cheat and stay there illegally while involved in the visa process already. Maybe Im just naive.

But thank you for the info.

I have been fingerprinted and photographed, and frisked - one officer was even trying hard to get me to admit my accent was something else than french(!?!). They never specified how long I would be banned for. Just said I would need a visa to enter from now on.

[Aero and Dero 0]

There are a few Canadian VJer's that were detained at the border. Some had to go back and get more evidence of ties to Canada, some were fingerprinted, photographed, and given a one year ban. I've yet to hear of a 6 month. Always tell the truth when crossing, and if you've started the process, having a copy of your NOA2, or any other visa process documentation in addition to regular evidence of ties to Canada, bring it.

Something must be in the wind. Several VJer's coming from Canada in into the U.S. while visiting have faced extra scrutiny lately it seems and tons have been pulled into secondary when they usually haven't been.

Best of luck in further crossings! Remember, decisions made by Border officials are discretionary.

it really puzzles me ... I dont understand why someone would cheat and stay there illegally while involved in the visa process already. Maybe Im just naive.

But thank you for the info.

I have been fingerprinted and photographed, and frisked - one officer was even trying hard to get me to admit my accent was something else than french(!?!). They never specified how long I would be banned for. Just said I would need a visa to enter from now on.

They didn't tell Derrick how long he'd be banned for, but we 'figured it out' after he tried to come a few more times and a 'nicer' CBP agent in April (he got denied in December) told him that he probably would not be able to enter the country until June.

[Chris_Жанна 11]

I searched the forum and only found one relevant topic, so maybe my search terms were wrong.

My Canadian fiance was just detained at the border (driving) for 3 hours, because the border agent said that while in the process of filing for a K1 visa, you are automatically denied entry into the United States, but they let him through this one time.

From the little I've read on this forum, this seems patently false as long as you can prove your ties to return to Canada. Can anyone point me to official documentation that states this one way or the other?

I'm driving my fiancee to the airport tomorrow to go back to Russia to prepare for her interview. We had absolutely no problem using her b-2 visa after sending out our petition. I know it is different for everyone. There is no official position that the CBP offers on this...... Believe me, I looked. Just have him come with lots of proof of ties to Candida next time.

[trailmix 77]

From AMCITS:

Entry to the U.S. while Petition is Pending

All persons traveling to the U.S. as visitors or students, Canadian or other nationality, under U.S. law are deemed to be intending immigrants and thus inadmissible for temporary purposes until they have an immigrant visa in hand. The burden of qualifying for any visa for entry to the U.S. rests solely with the applicant. Entry to the U.S. is solely up to a Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry. While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

http://www.consular.canada.usembassy.gov/i...sa_relative.asp