Can I visit the US

[Blitz 3]

1st, I'm new and so glad this site exists! Thanks to the regulars who provide such great info/advice!

I can share an experience with this subject! I'm Canadian, hubby is USC. He lived and worked in Canada for 10 years, and just went back to Cali in Jan to finish his degree. Wish we'd done DCF while he lived in Canada, but we didn't know it was an option. Besides, his decision to return to school happened very quickly.

We started the K-3 process in Feb 09 (abandoned for CR-1). My husband would prefer to live/work in Canada in '10, but the opportunities in his field are limited here; he will likely find work easier in the US when he's done school.

In May, I found out I'm pregnant (not planned!), so we put the process on hold for a few months b/c we did NOT want to get a greencard too early assuming, in that case, if I went to the US to "visit" my hubby, I'd automatically activate my greencard, lose my Cdn residency and, therefore, lose my Alberta Health Care coverage. And since I wouldn't get insurance in the US b/c pregnancy is considered a "pre-existing condition", we didn't want to pay at least $10K or more to have the baby in the US, and possibly 10s of thousands or 100s of thousands more (go bankrupt!) if there were complications! It's VERY important for us to have the baby in Canada, not only b/c it will not cost us a penny no matter what, but also b/c this is where my mom, my family, my doctor, and my home has been all my life.

The 1st time I flew from Edm to San Fran (early Sept), I explained to the CBP officer why we put things on hold. I showed proof of my pregnancy, upcoming appointments, doctor's letter, travellers insurance, etc, so he could see I had no intent of staying in the US and would not become a "public charge". He was so nice - grilled me a bit - but let me in.

THEN....just yesterday I tried to fly down again with our 2-year-old to visit hubby/daddy in California for a couple weeks. This was to be our LAST trip until baby is born (end of Jan) and I get my greencard (hopefully not long after). I was sent to secondary screening and had ALL my info with me again. The CBP officer was a HUGE JERK! As soon as I looked in his eyes, I thought "uh-oh, I'm in trouble" It was a terrible experience - he DENIED ME ENTRY! I was crying, my 2-year-old was crying saying "I want to go see my daddy". NOT fun.

He kept telling me that I'm already an "approved immigrant" (according to his computer) and, therefore, he couldn't let me enter as a "visitor" - I had to come back with my immigrant visa. He said if his computer said "in process" then he could've let me in. I explained that my I-130 petition was approved; however, I am still in the PROCESS of getting my immigrant VISA - that my case is still at NVC, etc. He didn't even sound like he knew what NVC was - he just kept saying "well, all I can see is that you're already an approved immigrant". So I said, "if I'm already an approved immigrant, why do I still have to submit of my affadavit of support (just recently submitted my DS-230), get a medical, go for an interview, etc.?" He's like "well, that's all just a formality". I even showed a letter from the NVC (dated October) requesting payment for AOS and IV. He barely looked at it and said, "well, that's the NVC, they might do things differently" or something like that. Shouldn't he KNOW how things are done!?!?

I had all the info to prove that I was coming back to Canada. I told him I wanted to have the baby in Canada and he said "well, you could've got your greencard earlier, gone back and forth, and still had your baby here". I explained that I'd no longer qualify for Alberta Health Care if I was a US resident, he said "How would they know? We don't communicate with them." Then he held up my passport and said, like a patronizing jerk, "do you take this with you to the hospital?" I'm sure he's right that they (CBP) don't communicate with Alberta Health Care, but he was basically telling me I should've just LIED to and tried to DECEIVE my own government!!!! As if THEIR rules don't matter!

Then he said "you can't mess around with the immigration process, and decide to put it on hold b/c it's convenient for you"! OMG, I was trying to being honest and make it work for my family as best I knew how - not wanting to lie or deceive anyone in Canada OR the US. Besides, NVC doesn't give a "deadline" - as long as you are in contact with them once a year, right? I'm sure people all over the world start the US immigration process have to put it on hold for personal reasons - deaths in the family, etc. I just don't understand - who is HE to tell me what to do with my life?

He also told me that when you get a greencard you have ONE YEAR to move to the US. I told him I thought it was 6 months...and he said, "no it's 1 yr".....so either something has changed or this officer was clueless! I fully understand they have the legal right to refuse entry to anyone for any reason, but I happened to get the BIGGEST JERK who didn't seem to know anything about the immigration process at all.

I asked to speak w/ his supervisor and he was a much nicer guy....but wasn't really paying attention, he just said "I'm sorry, but you are an approved immigrant so I can't let you through as a visitor, you must back with your greencard".

I always knew it COULD happen, but I didn't think it would. I'm nice, honest, polite ....he made me feel like a criminal. Here I was just wanting to take my 2-year-old down to see her daddy, do some early Christmas shopping (contribute to the struggling US economy). I had AMPLE proof of my ties to Canada and intention to return here.

I want to complain about this guy soooo bad, but I know he was in his legal rights (even if he is clueless) to deny me entry...and I don't want to risk affecting the rest of the process either.

Now, I'm kicking myself for putting the process on hold in May - I *might* have my greencard by now! But, then again, I didn't want to try to deceive my own gov't and health care system (which my husband and I value greatly).

Woah! Sorry, this was a long one! I realize so many people out there have much worse experiences with immigration, so I'm hoping/praying that this was my biggest obstacle and everything is smooth sailing from here on. At least Canada isn't too far from the US - so my husband can come up and visit on a couple weekends. If I was half-way around the world, this would be even more upsetting. I did waste $1,100 in airfare though that I can't get back/credit.

[Blitz 3]

Sorry, as if my post wasn't long enough already! lol

But I do have a question that I'd greatly appreciate some feedback on!

I mailed in my DS-230 BEFORE I was "denied" at the border, but one of the last questions on the form asks if you've ever been denied entry to the US. Up until yesterday, I had not....so my DS-230 says "no".

Should I call the NVC to let them know that I need to change that answer? Or just wait to see if I get an RFE or get questioned about it at the interview? The Jerk gave me a form saying I "withdrew my admission" and a little paragraph saying it was b/c I was going to visit my husband without my immigrant visa.

I have proof that my DS-230 was mailed before I was denied entry...so I answered it truthfully. I didn't really think I'd have a problem going down for one last visit.