Continuation of customs officers killing our trip... passport questions

[garnet80 1]

http://www.visajourney.com/forums/index.php?showtopic=231635 <- first thread... kind of taking a life of its own so starting again.

So to sum it up, my finace and I planned a three month trip. He lives in Canada, and I live in the US. We had the roundtrip ticket, and 3 months of travelers health insurance purchased.

He got stopped and grilled... they also called me, my mother, and his father. They told him to log into their computer where they read his email and chat logs.

We were planning to most likely get married before he left, then he would go home and we would file the CR1. I can't get married before February 8th, due to my pending divorce. Been separated a couple years, just couldn't afford it until now. I can't afford to miss work, no paid time off.

We have a whole lot of bad things going against us. I am 11 years older than my fiance, we have only had two trips to meet in person, he has no strong ties to Canada (though we had zero intention of doing anything but totally by the books).

The border guard stamped his passport with no eos/cos, and only allowed him in for one month. We can't of course get married in this time frame...

Some friends of his family are suggesting this is pretty serious, that he wont be allowed back into visit the states without an extended stay visa from the US Consulate closest to where he lives. They also suggested we contact my local congress person...

Does this sound right? Are we just totally screwed? How hard is it to get a visitors visa? We just wanted him to come back one time, in like February. For two weeks.

We did absolutely nothing wrong and now he might not be able to come back into the country... I just don't understand this. And it seems we should have something we can do. Can anyone please advise? We've been hearing a bunch of things... everyone seems to have their own answer. I guess what I'm asking right now is mainly, does that stamp in his passport pretty much promise he wont make it back in for a short trip?

Thanks

[Arabella 4]

I am 11 years older than my fiance

I don't have answer but I just wanted to make a post since we are both marrying younger Canadian men!

Edited December 10, 2009 by Arabella

[Misty1979 0]

http://www.visajourney.com/forums/index.php?showtopic=231635 <- first thread... kind of taking a life of its own so starting again.

So to sum it up, my finace and I planned a three month trip. He lives in Canada, and I live in the US. We had the roundtrip ticket, and 3 months of travelers health insurance purchased.

He got stopped and grilled... they also called me, my mother, and his father. They told him to log into their computer where they read his email and chat logs.

We were planning to most likely get married before he left, then he would go home and we would file the CR1. I can't get married before February 8th, due to my pending divorce. Been separated a couple years, just couldn't afford it until now. I can't afford to miss work, no paid time off.

We have a whole lot of bad things going against us. I am 11 years older than my fiance, we have only had two trips to meet in person, he has no strong ties to Canada (though we had zero intention of doing anything but totally by the books).

The border guard stamped his passport with no eos/cos, and only allowed him in for one month. We can't of course get married in this time frame...

Some friends of his family are suggesting this is pretty serious, that he wont be allowed back into visit the states without an extended stay visa from the US Consulate closest to where he lives. They also suggested we contact my local congress person...

Does this sound right? Are we just totally screwed? How hard is it to get a visitors visa? We just wanted him to come back one time, in like February. For two weeks.

We did absolutely nothing wrong and now he might not be able to come back into the country... I just don't understand this. And it seems we should have something we can do. Can anyone please advise? We've been hearing a bunch of things... everyone seems to have their own answer. I guess what I'm asking right now is mainly, does that stamp in his passport pretty much promise he wont make it back in for a short trip?

Thanks

I don't have a concrete answer either, but just wanted to put post my opinion on what his friends family is telling you. I find the general population of people who haven't gone through this process are usually extremely mislead in what they think as towards immigration polices and laws, so I wouldn't hold their worries too close to heart.

Also, I don't know anything about divorce...but perhaps someone else who reads this does...is there not any way to request an expedited divorce for things like this, even if you have to pay a bit extra?

Just a thought, sorry I don't have a for sure yes or no answer for you, but I'm sure someone will.

[Hugglebuggles 60]

I'm not exactly familiar with the EOS/COS stamp you just described, but based on the experiences of others who have been denied entry, I don't see him coming back as "impossible." However, it will be difficult. If visiting in February and getting married in the US is your goal, your fiance should start to focus on how he can improve his ties to Canada. I don't remember exactly what you said in the other thread, but I do believe you said he doesn't have very strong ties, correct? So maybe a new job, getting a rental contract, or any other evidence laid out would be the best course of action. I know this will be very difficult to do, but without these strong ties I don't see reentry without an immigrant visa very likely.

As suggested in the other thread, the first thing would be to try and get his stay extended. Consulting your congressman may help and it may not. Someone who is more familiar with how to extend the expiration of an I-94 would need to chime in, I don't have any personal experience with that.

Good luck to you both. I can imagine this is a very difficult situation to deal with.

[trailmix 77]

Yes, your other thread did take on a life of its own

But anyway, if you are looking for someone here who went to the border, was denied entry or questioned and turned back and then later was able to come in, I seem to vaguely remember someone doing that recently.

On the other hand, without strong proof of ties to Canada - his chances of getting back in are pretty slim.

The absolute bottom line is - it is 100% up to the border guard you get on the day he tries to enter, regardless of what you do beforehand - even if he gets a visitors visa there is absolutely no chance of a guarantee.

I know it's hard to put your head around because it isn't 100% logical from where you sit. From where they sit - it is. Person appears at border, no strong ties to his home country, intention to stay for an extended period of time, discussing immigrating to the U.S. with his future wife - but nothing has been filed yet (discussed, but no filing) - it looks suspicious doesn't it - now you know yourself and you know him - but they don't.

Also, no one here can tell you with absolute certainty whether or not he will get turned back if he tries to enter again, we can only discuss what might make your chances better - not foolproof.

[garnet80 1]

May I ask if anyone feels it would be a bad idea to contact my congressman?

Also... he will of course be going home on January 4th as the border guard demands. After this, his next trip would be a much shorter two week stay. You guys think that would help his chances, since it isn't by any means an extended visit?

Thanks to all for the thoughts and help shared.

[Flames9_RN 358]

as many others have stated, WE can NOT give you an answer one way or the other if he will get in or not. It is all up to the POE officer. Some are more picky than others! Some barely talk to you, while others laugh and talk sports, like ur a long last friend! Quite simply it is YOU that has to decide if he wants to visit and take your chance. No one truly knows what is in the computers, we all know that many gov't organizations have poor communications between one and another. Bring lots of ties to Canada, and even that does not mean much!

[Varba 0]

May I ask if anyone feels it would be a bad idea to contact my congressman?

Also... he will of course be going home on January 4th as the border guard demands. After this, his next trip would be a much shorter two week stay. You guys think that would help his chances, since it isn't by any means an extended visit?

Thanks to all for the thoughts and help shared.

You always can contact your congresspeople, it's part of their domain - and presumably it's part of why they were elected.

If you're expecting a magic bullet, I'm afraid you'll be sorely disappointed. As people on these forums have found out, not many people fully understand the immigration process, and this is not excluding immigration lawyers or congresspeople and their underlings.

My uncle helps people with many types of visas, and mentioned to Peachey and I during this process that he's never seen a congressperson be helpful when dealing with immigration woes.

Edited December 10, 2009 by Varba

[canadian_wife 1,822]

I was denied entry twice then admitted after the denials. But the evidence I had was substantial. I had 2 employment letters (I had 2 jobs at the time), lease, utility bills, bank account, a specialist apt (we all know how hard it is it get a specialist apt under OHIP) a wedding invitation, a return ticket, a letter from my husband outlining our intentions for me to return to Canada, and even then the CO didn't want to let me in. She was planning on denying me when her supervisor reviewed my documents and admitted me for 16 days. This even under the protest of the agent who initially wanted to deny me.

It is possible to have him readmitted, but unless he has STRONG ties to Canada, it will be difficult. From personal experience, it is solely up to the guard at the time of entrance.

I hate to tell you, but unless he can improve his ties to Canada, his chances of readmittance are slim

Good luck.

[trailmix 77]

For some recent experiences on Canadians crossing the border, you might want to look at these threads as well:

Stopped at the border - visiting before CR-1 complete

http://www.visajourney.com/forums/index.php?showtopic=231336

My POE Last week and today, How it was a relief...

http://www.visajourney.com/forums/index.php?showtopic=228741

Visiting US prior to K1 Filing, What do I say?

http://www.visajourney.com/forums/index.php?showtopic=227620

Visiting before the K1 process, not sure what to do

http://www.visajourney.com/forums/index.php?showtopic=228190

Two different stories, one ruined wedding. (Posting again and with updates)

http://www.visajourney.com/forums/index.php?showtopic=225413

Tips to avoid being denied entry at US border

http://www.visajourney.com/forums/index.php?showtopic=225591

Has anyone entered the US after mailing packet 3?

http://www.visajourney.com/forums/index.php?showtopic=225592

Also here is a link to the Canada VJ Wiki page - there is info there on proof to bring etc:

http://www.visajourney.com/wiki/index.php/...tion_is_pending

Edited December 10, 2009 by trailmix

[wmtc 0]

I was denied entry twice then admitted after the denials. But the evidence I had was substantial. I had 2 employment letters (I had 2 jobs at the time), lease, utility bills, bank account, a specialist apt (we all know how hard it is it get a specialist apt under OHIP) a wedding invitation, a return ticket, a letter from my husband outlining our intentions for me to return to Canada, and even then the CO didn't want to let me in. She was planning on denying me when her supervisor reviewed my documents and admitted me for 16 days. This even under the protest of the agent who initially wanted to deny me.

It is possible to have him readmitted, but unless he has STRONG ties to Canada, it will be difficult. From personal experience, it is solely up to the guard at the time of entrance.

I hate to tell you, but unless he can improve his ties to Canada, his chances of readmittance are slim

Good luck.

Hey Canadian wife; my wife was denied entry back in 08/09 at lewiston, the IO officer told me i had to file a I-130 and she has to wait until her i-130 was aprroved to cross the border. she was fingerprinted and they never stamped anything in her passport, told her if she tried to enter before the i-130 was approved she could be barred for life. so we kept it safe and were going to waited out until her visa is aproved. the officer did say it would not effect our petition it only for adminstration purpose. every border crossing is different as well every IO officer is different it is upto them for the final say.

[canadian_wife 1,822]

wmtc - I've heard that too! I was really lucky to be readmitted and certainly don't take it for granted

Just goes to show that each time is different

OP - Good luck.

[meauxna 15]

We did absolutely nothing wrong and now he might not be able to come back into the country... I just don't understand this. And it seems we should have something we can do. Can anyone please advise? We've been hearing a bunch of things... everyone seems to have their own answer. I guess what I'm asking right now is mainly, does that stamp in his passport pretty much promise he wont make it back in for a short trip?

Thanks

The stamp in his passport means 'no extension of status/no adjustment of status'. It means the officer thought he *might* marry and stay in the US; marking him that way blcoked that action. Since you were not planning on doing that, no problem.

He might be questioned about it further in the future, but there is nothing about that stamp that bars him from visiting again.

Canadians can't get visitor visas.

If he complies with the one month visit, this is a *good* thing. He is showing a pattern of 'responsible' travel. He should have strong ties to his home if he comes back. He should come back for short visits (not months away). In other words, act like a 'normal' tourist. If he's ever asked specific questions, he should answer them specifically, and if he's asked those questions when he comes to get married, he should be truthful and articulate about your plans.

And then you should remember, no matter what people tell you, that what he says at the border goes on record and he should be extremely careful about changing his mind.

You've always got to be prepared to be turned away at the border, and not have unbreakable plans.

There are a lot of other types of examples being posted here; I just wanted you to know what No EOS/AOS means. The other situations aren't necessarily the same as yours.

[Bern. 3]

I've no advice to give but I wish you tons of luck! <3

[ScooterMac 2]

But anyway, if you are looking for someone here who went to the border, was denied entry or questioned and turned back and then later was able to come in, I seem to vaguely remember someone doing that recently.

On the other hand, without strong proof of ties to Canada - his chances of getting back in are pretty slim.

The absolute bottom line is - it is 100% up to the border guard you get on the day he tries to enter, regardless of what you do beforehand - even if he gets a visitors visa there is absolutely no chance of a guarantee.

Spoom was turned away from the border 3 times in one day (long long ago, in a detroit tunnel far far away). He returned a week later or so, and presented them with every possible tie to Canada he could find, as well as american cash (I forget the amount, it was on the sheet the border guard gave him) and they let him in.

It's all about your proof of ties to Canada and the border guard's attitude.

Good luck