HELP

[sethmichael22 0]

Soooo my fiance lives in Ontario, Canada and I live down in Syracuse, NY. We have been dating since October, and got engaged in May (although we have not applied for any type of visa, nor have we ever alluded to that fact when crossing the border).

Anyway, my fiance was heading out to California for a month to take a course through a church out there. I went up to Ontario to pick her up, and then was bringing her back so she could fly out of Buffalo, NY, as it is cheaper to fly from there, as many Canadians frequently do. She was riding with me as we crossed the border (i realize now, that probably wasn't a good idea).The other kicker, was she only had a one way flight ticket, as she was planning on booking the return ticket once she got out there. Anyways, they would not allow her to cross the border. They did not believe she had enough reason to return to Canada, nor did they believe she had enough "ties to Canada." They thought we were going to get married apparently. They finger-printed her, and took her picture.....then they did not specify that she was not allowed to return for any period of time. Instead they gave us a paper saying that if she wanted to enter the country, she would need as many pieces of information on this sheet as possible, ie rental agreement or home ownership proof, recent pay stubs, utility bills, etc.

Well we went back to her parents place, and booked her trip to California flying out of Toronto for the very next day. This time, they gave her another hassle, took her into a room and questioned her for about half an hour....then finally allowed her to get through and catch her flight.

HOWEVER, this is where I need some help, because I don't know what this means. They stamped her passport with the date July, 31, 2010 and told her she needed to be back in Canada by then. My question is, what does that mean going forward? Does that mean after July 31, they will not let her back into the US or something?

Has anyone ever had this happen, and if so, what did you do about it?

Anyone who can help, I would be more than appreciative....

[Bernie C 24]

Just means that they limited her stay to x number of days. They may give her a difficult time again the next time she comes to the US, I would bet they will want to see significant ties each time she enters again. Just make sure she abides by the date and retuns to Canada as specified.

[NickD 202]

All my life I have traveled freely back and forth to Canada, if not for fishing, my company had many divisions up there, what's going on today is weird. I understand this was an executive decision made by Bush because he felt the Canadians were not doing enough to check on terrorists. I find this to be totally ironic because all the terrorists came here legally from his rich buddy friends in the middle east. We end up paying the price, Obama has been quiet on this issue.

So if a Canadian comes here now, they need a I-94? Really don't know why you mentioned that one way plane ticket, with Buffalo, just crossing to eat at a restaurant or to see the American side of the falls. Any attorney here will tell you not to volunteer any information, just leads to more problems.

This country never had problems with Canadians, its that southern border where they are not doing a damn thing about is where all the problems are. But that is what happens when we elect idiots into office.

[milimelo 4,479]

Moving to general immigration questions, not US Citizenship related.

[trailmix 77]

Well no, normally they do not issue an I-94 to Canadians - except in circumstances like this where they are uncomfortable about whether or not the person is just trying to cross the border to reside in the U.S. without the proper visa.

Yes this has happened to quite a few people.

It just means she must be back in Canada no later than July 31st. Ensure she remembers to turn in the I-94 as well, when she returns.

It does not mean she won't still be able to visit the U.S., just be sure she brings proof of strong ties to Canada each time she crosses the border. It will also have no effect on her visa application if you do decide to have her immigrate to the U.S. later on.

Just always be upfront and honest about the denial, whether being questioned at the border or at a visa interview and you should have no problem. Do know that from now on she will probably always be questioned when attempting to enter the U.S. though.

Edited June 19, 2010 by trailmix

[sethmichael22 0]

we volunteered the information because she was in the vehicle with me, an american citizen....anyways, can you let me know about this I-94 form?

I am not familiar with it, and I am not sure if the border patrol ever mentioned the form to her either time, thanks

[engineer21 51]

Looks like this:

It's an arrival/departure record, small piece of paper about 3x4 inch

Edited June 19, 2010 by engineer21

[sethmichael22 0]

ok, so upon arrival back into Canada, she should make sure that she gets this I94 and hang onto to prove that she was back in her country for the next time she comes across into the US?

[sethmichael22 0]

I need to take this time to expand on my question....what are guidelines as far as entering back and forth into the US and Canada after we have applied for a K1 fiance visa or a K3 marriage visa?

Does she have to wait outside the country for either or can we both travel back and forth during that wait period?

[trailmix 77]

Info on I-94, as I mentioned above, she must turn it in to either the airline or the Canadian border guard (if travelling by land)

"When you leave the U.S, you should give the Form I-94 to your airline representative. If you arrive in Canada by land then you may give your I-94 to a Canadian Immigration inspector. However, you may have difficulty finding one willing to accept it. In this case, you are advised to follow the instructions below". link

She doesn't have to wait outside the country after you apply. The rules do not change, she must bring strong proof of ties to Canada, that's all. It is completely up to the border guard on the day whether they let her in or not, as I guess you already know.

BTW the K3 is all but non-existent now, have a look at the CR1 guide - much better visa.

Edited June 20, 2010 by trailmix

[JimVaPhuong 4,863]

So if a Canadian comes here now, they need a I-94? Really don't know why you mentioned that one way plane ticket, with Buffalo, just crossing to eat at a restaurant or to see the American side of the falls. Any attorney here will tell you not to volunteer any information, just leads to more problems.

CBP: What is the purpose of your visit to the US?

Canuck: We're just going to have dinner at a restaurant with a view of the falls.

CBP: What is this one-way ticket to California we found in your luggage?

Canuck: Ummm.......

Material misrepresentation. Lifetime ban from the US. Great advice!

Regarding your other assertions, you ARE aware that Ahmed Ressam tried to cross the Canadian/US border in a car loaded with explosives with the intention of blowing up Los Angeles International Airport, and this occurred in December of 1999, nearly two years before 9/11, yes?

[Golden_State 2]

Don't worry too much, this type of thing has happened to lots of people in the past (including people here on VJ). As long as your girlfriend is back in Canada by July 31st, she will be ok.

The US immigration officials likely thought it was possible she was going to remain in the US illegally (which, you can kind of understand, considering the American boyfriend and 1-way ticket). The fact that she was eventually allowed to enter the US is a good thing, and everything will be ok as long as she doesn't overstay the amount of time the immigration authorities allowed her to be present in the US for.

As a general rule of thumb, it's never a good idea for a Canadian to buy a 1-way ticket to visit the US. Other VJers may jump on me about this, but it does look suspicious, no matter which way you slice it. Better to buy a 2-way ticket and extend the return date if need be.

In the future, she may be asked a few extra questions at the border, so if she is planning another trip in the near future, it would be a good idea to have her bring some proof of ties to Canada (ie: letter from her employer stating her status as a full time employee and her date of return to work, letter from her school confirming her registration, lease/rental agreement or anything that proves she lives in Canada and will be returning home after the trip).

If and when you ultimately decide to begin a K-1 application, know that she could face the same type of questioning if she crosses the border to visit you. Check out this page for more info.

[NickD 202]

CBP: What is the purpose of your visit to the US?

Canuck: We're just going to have dinner at a restaurant with a view of the falls.

CBP: What is this one-way ticket to California we found in your luggage?

Canuck: Ummm.......

Material misrepresentation. Lifetime ban from the US. Great advice!

Regarding your other assertions, you ARE aware that Ahmed Ressam tried to cross the Canadian/US border in a car loaded with explosives with the intention of blowing up Los Angeles International Airport, and this occurred in December of 1999, nearly two years before 9/11, yes?

When going to and from Canada, never was asked the purpose of my visit, but am asked if I am carrying a dandelion or some other kind of plant.

Trying to remember the last time I carried an airline ticket, always pick those up at the airport. Also not wise to buy a one way ticket, cheaper to buy a round trip ticket, and pitch the return ticket

Never experienced a body search, if I was, they would find my passport and a wad of hundred dollar bills and other important documents, somehow their detectors don't catch that. Now small change in my pocket, that is a different story, that goes in the basket.

But this couple was not even at an airport, but in Niagara Falls where thousands cross the border everyday. I assumed they volunteered this information, the rest is based on experience with hundreds of border crossings.

A nice scenario you posted, just never experienced anything like that. Maybe that will happen someday.

[JimVaPhuong 4,863]

When going to and from Canada, never was asked the purpose of my visit, but am asked if I am carrying a dandelion or some other kind of plant.

Trying to remember the last time I carried an airline ticket, always pick those up at the airport. Also not wise to buy a one way ticket, cheaper to buy a round trip ticket, and pitch the return ticket

Never experienced a body search, if I was, they would find my passport and a wad of hundred dollar bills and other important documents, somehow their detectors don't catch that. Now small change in my pocket, that is a different story, that goes in the basket.

But this couple was not even at an airport, but in Niagara Falls where thousands cross the border everyday. I assumed they volunteered this information, the rest is based on experience with hundreds of border crossings.

A nice scenario you posted, just never experienced anything like that. Maybe that will happen someday.

I'm not a Canadian, and I've never crossed the border by land entering the US with a Canadian in the car, so I can't speak from personal experience. I've crossed by land returning to the US and had my luggage searched, though. I've also had my luggage searched entering Canada by air - one time right in front me standing by the baggage carousel at Vancouver airport. I was waiting for the rest of my party to finish clearing customs, and I was standing next to the carousel with my bags when two Canadian immigration officers walked up, asked to see my passport, and asked for permission to search my bags.

Anyway, my point was that a terse answer, even if technically accurate, could be construed as misrepresentation. If they ask why you're visiting the US, they aren't just asking what you're going to be doing in the next few hours.

[trailmix 77]

I'm not a Canadian, and I've never crossed the border by land entering the US with a Canadian in the car, so I can't speak from personal experience. I've crossed by land returning to the US and had my luggage searched, though. I've also had my luggage searched entering Canada by air - one time right in front me standing by the baggage carousel at Vancouver airport. I was waiting for the rest of my party to finish clearing customs, and I was standing next to the carousel with my bags when two Canadian immigration officers walked up, asked to see my passport, and asked for permission to search my bags.

Anyway, my point was that a terse answer, even if technically accurate, could be construed as misrepresentation. If they ask why you're visiting the US, they aren't just asking what you're going to be doing in the next few hours.

This is true Jim.

Nick, I think it's great that you have never been hassled at either border crossing - really.

But - it does happen all the time and the "what is the purpose of your visit", "where will you be staying", "how long will you be staying" etc etc are pretty common questions.