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Filed: K-1 Visa Country: Canada
Timeline
Posted

My fiancee and I have filed for the K1 visa and are waiting. She is Canadian and I am a US citizen. She was denied entry once before when we were caught off guard and she didn't have paperwork showing ties to Canada. At the time, we were blissfully unaware of the incredibly stringent rules on getting in to the US. Now that we have studied up on the subject, we are deathly afraid of this "expedited removal" process. It sounds quite arbitrary and can be inflicted by low level border agents without recourse.

Hence the question, does anyone know if there have been cases of Expedited Removal from Pre-clearance facilities in airports? My fiancee will be trying to enter the US for a visit from Calgary while we await for the K1. It is fine if she is denied entry. That we can live with, an expedited removal would be a disaster however. From what I have read, at the Pre-clearance facilities, one can remove the application for admission because you are still on Canadian soil, and thereby avoid the Expedited Removal. Has anyone any info on this? Any help would be much appreciated!

Posted

While denial of entry is extremely disappointing from an emotional standpoint, there isn't much legal consequence for being denied entry "without prejudice" which is what happens when they simply don't think she has strong enough ties to Canada. Unless they catch her in a misrepresentation (lying), any of this stuff you're reading about won't have an adverse effect on the rest of the visa process.

There are a couple of people who think that their visa was delayed (we are talking a couple days, nothing earth shattering) because there may have been some additional investigation into the refusal of entry, but many others have gone through the process with no problems, especially from Canada.

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

Filed: Other Timeline
Posted

They denied her entry because they assumed she *may* have had immigration intent. Now . . . the K1 guarantees she will have immigration intent, 'cause that's what the visa is for. Therefore she won't have any problems this time.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

 
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