TO FOIA OR NOT TO FOIA

[lvcouple2010 11]

Thanks to everyone who posts here. Great info for K1 newbees like us! Sadly, my Canadian fiancee (we applied for K1 last month, NOA1 11/1/10) was not allowed to board a flight to the US from Calgary last month. She was not "denied entry" so much as I can tell. There was no statement placed in her Passport whatsoever. She was made to sign a document which listed the "evidence" that was found in her luggage (supposedly proof of her intent to immigrate such as professional documents, certifications, etc). She was told if she didn't sign the paper, she would not get her Canadian pasport back. She signed the document and asked the officer for a copy, which he refused to do, stating "you don't need it". She then asked when she could visit the US and was told "you can try again tommorow, but you're not going today". As you might imagine, this 3 hour ordeal was very traumatic for her and we have decided that she won't try to come to the US again until the K1 is approved. I'll go to Canada as often as I can to see her and hopefully, this ordeal will be over in 2011! We are both afraid that this will hurt the K1 app although we've read otherwise on this forum. The whole reason for her being turned away is probably a subject for another thread, but at no time was she asked about the K1 app by the officer (nor did she volunteer that info).

My question is this: Should I submit a Freedom of Information Act request to obtain the document she signed? I'd hate to wait for months for the K1 to be processed only to find out that this incident caused a problem.

My heart goes out to the folks here who wait for what seems like forever to be with the one the love. Hang in there people! Merry Christmas, Happy Holidays, and Happy New Year!

[YuAndDan 153]

This is a common thing, once an I-129F or I-130 petition is filed, intent to immigrate is indicated on DHS systems, and in many cases entry to the USA is denied. This will have NO affect on eventual processing for the visa at the consulate.

http://www.visajourney.com/faq/k1k2visa-application.html#4.6

[CanAmBride 5]

I have question - how did they stop her BEFORE she boarded the plane? I've flown internationally many times, and I've never had a customs agent go through my bags before I boarded a plane. I'm just curious how they found these documents....

[YuAndDan 153]

I have question - how did they stop her BEFORE she boarded the plane? I've flown internationally many times, and I've never had a customs agent go through my bags before I boarded a plane. I'm just curious how they found these documents....

US POE has their customs agents located in the airports in Canada, is called "pre-clearance", this is done also in Ireland.

MORE: http://www.cbp.gov/xp/cgov/toolbox/contacts/preclear_locations.xml

[Robert de Bonda 3]

I have question - how did they stop her BEFORE she boarded the plane? I've flown internationally many times, and I've never had a customs agent go through my bags before I boarded a plane. I'm just curious how they found these documents....

Flying from Canada is very different from flying from Tokyo or Paris. When you fly from Canada, you go through Immigration and Customs before you board the plane. This way when the plane lands, it would be the same procedure on arrival as if it were a domestic flight.

[HeatDeath 430]

I have question - how did they stop her BEFORE she boarded the plane? I've flown internationally many times, and I've never had a customs agent go through my bags before I boarded a plane. I'm just curious how they found these documents....

+2 above.

Canadians clear US Customs & Immigration, talking to a CBP officer, in the Canadian airport, before they board any plane to the US. CBP runs pre-clearance Customs and Immigration sections in all Canadian international airports, because there are a huge number of Canadians flying to the US every day, and processing them in Canada takes a substantial load off the international arrivals sections in the international airports in the US, which are crowded enough as it is.

Chances are the OP's fiancee said something to the preclearance CBP agent in the booth that made him/her think "This person is an immigration risk." The booth agent would have then sent the OP's fiancee to a secondary inspection area, and they would have gone through the luggage there. Remember, the booth agents have maybe 30 seconds per person. If they smell anything to make them think that you might be inadmissible, for any reason, they'll shoot you straight off to secondary. There are a lot of people coming up behind you.

From what's been described, OP's fiancee should not have any difficulties, as a result of this, entering when her K-1 visa is approved, nor will this have any impact on the visa being approved. It sounds like she was allowed to "withdraw her petition to enter", rather than be turned away, and it's a different category of entrance than her K-1 entrance will be, anyways, so it won't make any difference going forward.

If she's game to try again, she should bring a folder full of documentation, including mortgage/lease agreements, a letter from her employer, a complete copy of the I-129F packet [including a copy of the cheque], etc, showing that she has significant financial ties to Canada, and investment in going through the proper immigration procedures, and is not prepared to abandon them and move to the US at this time.

I personally wouldn't bother with the FOIA request. This sort of thing is fairly normal, and, while traumatic when you're going through it, really isn't anything to worry about, long term.

Edited December 14, 2010 by HeatDeath

[lvcouple2010 11]

Thanks YuAndDan and Heatdeath for taking the time to reply to my questions! Cheers and Happy Holidays!

[Krikit 1,165]

You'll find this has happened to quite a number of Canadians. You can read all about it in the Canada Regional Forum. Now that she's flagged she'll have greater difficulty visiting the US, but if she brings that body of evidence that HeatDeath mentions, it's possible she'll have an easier time. Also check Visitation FAQ's. For the most part, the Canadians have found it helpful to let the officers know that they are in the process of immigrating through the proper channels. Most times, as soon as it's mentioned and have shown a copy of the app and NOA, they let you go. I wouldn't bother with the FOI request. It's nothing that's going to affect the visa approval.

Welcome to VJ.

[canadian_wife 1,829]

She was denied entry (this is important as you will have to answer any questions pertaining to the incident on forms so might as well start using that term - no 'air quotes' necessary).

I was denied entry for a similar reason, lack of ties to Canada and presumed immigrant intent (actually, I was denied entry twice)

Denied entry simply means she was not granted entry into the US

No need to do an FOIA because if there isn't anything in her passport then she should be fine.

This won't be an issue as long as you are truthful and disclose the incident on all forms she submits in the future

Good luck

[lvcouple2010 11]

Thanks, CanadianWife. I appreciate your reply and PM and will accept any advice you might have. Not to be argumentative in any way, but in my research, I have noted that there is a difference between "denied entry" and being "allowed to withdraw" froma legal perspective. Of course, we will always be honest when asked but without any documentation whatsoever from USCIS we will simply state the truth as best we know it: "she was not alloweed to board a flight in Calgary to the US by USCIS". That is the truth. Not sure why we would have to say she was "denied entry" when we don't know that to be the case. Thanks again for your candor and sharing your experience and please set me straight if I'm off base here.

[canadian_wife 1,829]

Just offering advice. Take it for what is worth

CO's generally do not discriminate between denied entry and withdrawl of application

Good luck