Denied Visit to Canada w/ K1

[KarinaB 0]

Arrrggghh!!

I tried to go up to visit my fiance in Canada earlier this week for Valentines day, since its a 6 hour drive I planned on staying 8 days. I had not received my NOA1 yet so I brought the copy of the check with the stamp of approval on the back with my case number. I took my dads car up with a note from him saying I would be back. I gave them a recent account balance that showed I had plenty of money to visit for a week. I don't have a job right now because of the economy. I do live with my parents because of the expensive visa fees. I am looking for a job of course. Anyways... they denied me . Ed is going to try to come see me on Monday since he only works the weekends. They denied him in December saying he doesn't have enough ties.. I sent him the hard copy of the NOA1 and I'm praying the U.S. border understands we are not trying to pull a fast one. Oh yeah... the Canadian side didn't even know what a K1 was. I don't really understand completely why the Canadian border denied me. My dad's car is very nice and there is no way he'd let me keep it up in Canada to immigrate. I realize I don't have a job, but I'm trying very hard.

The lady was... not very sympathetic... I wasn't confident even if I did have a job she'd let me across. They were looking for stupid little things to keep me from entering. First she asked for the insurance papers and I handed them to her. Then she yelled at me saying I wasn't on the insurance and so I called my mom to fax the papers up. Before my mom could even get a hold of the insurance place I was denied. Oh and I was denied twice the same day. Because first, I gave them an account balance that was a week old. They told me they might let me across if I had a recent one. I signed my denial papers, went across the street to an ATM, came back with the $$ proof and they proceeded to find something else wrong about me.

Sigggh . I'm innocent!!!

My questions are...

What can I do to get to see him or what did I do wrong??

What should he bring on his attempt Monday?

Does he have a good chance?

I'm just so tired of this all. I'm not trying to be tricky or sneaky at the border, I just really miss my man. I'm trying to do this the legal way and with them being so horrible makes me feel like I must be doing something wrong.

[federale86 0]

Your fiance was denied because those intending to immigrate to the U.S. are not allowed to enter as non-immigrants.

[Revenesque 2]

My questions are...

What can I do to get to see him or what did I do wrong??

What should he bring on his attempt Monday?

Does he have a good chance?

I'm just so tired of this all. I'm not trying to be tricky or sneaky at the border, I just really miss my man. I'm trying to do this the legal way and with them being so horrible makes me feel like I must be doing something wrong.

The problem is neither of you brought sufficient residential ties proving you will return to your own country of residence. The border agents on both side of the country want to see (in the following order of importance):

1) Current employment (current paystubs, letter of employment verification, business cards) or school enrollment (student card, registered courses, etc)

2) Physical residency (rental lease agreement, mortgage payments, utility bills, etc)

After that, you're pretty much screwed because they don't really care about your bank balances (unless you're visiting longer e.g. more than a month). Driving your parents car without proof that you have insurance is not a good idea either, since that is illegal.

Your immigration filing doesn't help much during your border crossing, except prove your intentions to immigrate legally.

IMO, your fiance has a better chance of visiting you since he has stronger residential ties than you do. When he attempts to cross the border next time, make sure he brings current paystubs (I was crossing from Vancouver to Seattle just for the long weekend and the border agent recommends to bring six most recent paystubs), copy of his rental lease agreement, utility bills in his name. If he plans on staying longer than a couple weeks, it's prudent to bring letter from his employer that says he's returning to work after a certain date (e.g. from vacation), and proof of finances to show he can support himself while in the US.

Hope this helps.

[trailmix 77]

Your fiance was denied because those intending to immigrate to the U.S. are not allowed to enter as non-immigrants.

Just so you know federal, that's not actually true - as in - you can visit while a visa application is being processed.

Oh yeah... the Canadian side didn't even know what a K1 was.

Yes, some will not know and you should not expect them to, they are Canadian, they don't need to understand the ins and outs of U.S. immigration. The U.S. border personel should know, so that might work in your your fiancés favour.

Good luck.

Edited February 11, 2010 by trailmix

[Krikit 1,164]

Moving from K-1 Process to Canada Regional forum.

The following links should provide some assistance. Even though the Visitation FAQ mentions entering the US, it is also applicable to Canada.

Visitation FAQ's

Visiting Canada

Canada Border Services Agency - Non-Canadians Visiting

Travelling to Canada

Welcome to VJ.

[brightskte 18]

When I went to visit Mathew in November I told the BO that I had my K-1 visa papers in my bag if he wanted to see them. He asked me what a K-1 was and after I told him fiance visa, he understood. From the way he was acting I don't think he was going to let me in until I said that. I hadn't been taken back to secondary or anything, but he was acting weird questions, and waiting for me to slip up and say the wrong thing so he could have an excuse without looking like an ###. I know they need no excuse, they can do it at will, but he was trying awfully hard!

I'm sorry you went through this. Maybe have him come down next time and bring all the ties that he can that way you've got a better shot that this wont happen again.

[Udella&Wiz 325]

I think you have to understand - the border guards are under no obligation to let you into either country. The burden is on you to come prepared, have proof of ties to your own country, have proper insurance proof for the car you're driving etc.

I know this sounds harsh, but be prepared, the immigration path you're on requires that you be prepared always and be ready for whatever they ask you for.

[jmd77 1]

I mean absolutely no disrespect to you because it is obvious to see you are very upset about this situaion, but your message sounds as if you think you're doing something wrong by wanting to visit. And the border guards will pick up on that. The key is to be prepared and be confident that you should be able to visit. The border guards are trained to read your fear, and fear that they won't let you in could be interpreted as hiding something. It is certainly a privilege to visit and not a right.

You visiting Canada:

The car thing is a problem I will admit. Understand that Canadian insurance works differently than American insurance, and your border guard may not understand the nuances of American insurance. Your insurance company can explain to you how the insurance applies to you, and should be able to issue a declaration that you are insured on the car. You should understand whatever the insurance company has told you enough to be able to explain it to the border guard.

Be prepared - they want to know why you're visiting and when you plan to leave Canada, so the best thing you can do is know your detailed plan. I have never, and would never offer bank account information -it is unnecessary and does not prove you intend to return to the states. Have your parents write you a lease agreement. You can find a simple lease on line, and tailor it to whatever your terms are with them. You may not think you have terms with them, because you live in their house so you have made some arrangements even if they have been non-verbal. I used to make appointments - for work mind you but same concept applies - so that I could give them an itinerary for the day I returned if they asked. I would be able to say I have to be back on X because I have this and this and this already scheduled. Know about jobs you have applied for and job fairs you plan to attend. ALWAYS have copies of your K-1 paperwork. Be sure of your answers when you give them to them. They are looking for you to tell them that staying in Canada is out of the question, because there's no way to rearrange your life that quickly.

Your fiance Coming to the US:

Same concept - they want to know that he has a plan that is important enough to make him return to Canada. Have his boss sign a letter that says he has to return to work at X time on X day. My fiance always had it but never had to use it - we made up a form where his boss just had to sign it on friday and fill in Monday's date. Have a copy of your K-1 paperwork. Does he have a lease? Have him bring his lease. If he lives with his parents, you should consider whether a simple lease would be beneficial. Does he have appointments to return for? Again, money isn't a factor - or it shouldn't be. And nothing extra in the car - if he is staying for 5 days, he should have 5 days worth of stuff. He should not panic if they ask him to open his trunk or the backseat - they asked my fiance this every time he crosses, and he has never been denied. If he is bringing something other than clothes, he should know why. I heard this from a US border guard. Everytime my fiance crossed with something odd, they asked but he knew our plans well enough to answer - his skis because we had made skiing plans at a specific place, his bike because we were going to try out this bike path, his hockey gear because he had promised my nephews he'd take them skating, his jersey because we had my business's seats to a game, etc.

Like I said, I hope you have not taken my thoughts as being disrespectful to your situation, but the keys are to remain calm, to be absolutely 100% truthful and transparent, and to be able to prove the answers to standard questions - where do you work, when was the last time you crossed, when are you coming back, where do you live, where are you going, how do you know each other. Somebody said it before - the burden is on you to prove you're coming home, and what we found was that most of the proof we carried as precaution for crossing the border came in handy in the later K-1 stages. Hope this was helpful to you.

[Wyatt's Torch 45]

Your fiance was denied because those intending to immigrate to the U.S. are not allowed to enter as non-immigrants.

This kind of misinformation is NOT helpful.

[trailmix 77]

This kind of misinformation is NOT helpful.

The guy joined on the day he posted here and posted 3 times, each time incorrectly. Then he left. I guess we can be grateful about that.

[Krikit 1,164]

The guy joined on the day he posted here and posted 3 times, each time incorrectly. Then he left. I guess we can be grateful about that.

He's probably a CBP officer.

(This is no reflection on you, Neiks!)

[KarinaB 0]

Thank you all very much. Jmd77, that was a lot to write and thank you for taking time to do so, very helpful!! Its been very great of you all and I can't wait to have him try on Monday. He has his work letter from his boss, pay stubs, car payment, internet bill, NOA1... He just moved in with his not so reliable brother and he isn't on the lease. His brother doesn't always get the bills payed on time and hes never even around much. We don't want his brother's bad habits to effect his credit score or anything. Although, I'm afraid they wont let him in without a lease agreement.

[Revenesque 2]

Thank you all very much. Jmd77, that was a lot to write and thank you for taking time to do so, very helpful!! Its been very great of you all and I can't wait to have him try on Monday. He has his work letter from his boss, pay stubs, car payment, internet bill, NOA1... He just moved in with his not so reliable brother and he isn't on the lease. His brother doesn't always get the bills payed on time and hes never even around much. We don't want his brother's bad habits to effect his credit score or anything. Although, I'm afraid they wont let him in without a lease agreement.

Karina, usually his work proofs are enough. I wouldn't worry about the lease agreement. I wish him the best of luck! :-)

[Darnell 8,478]

Karina - YOU, the USC, were denied ENTRY into Canada by the Canadien Border Folk ? WOW.

[neiks 19]

He's probably a CBP officer.

(This is no reflection on you, Neiks!)

No, offence taken. lol