Am I able to visit my fiance?

[Floella 1]

So the second week of October is both mine and my fiance's birthdays and we both really, really want to be able to spend them together!! We weren't able to last year and we'd promised each other we will spend them together this year but the only way we can is if I go visit him. I only work two part-time jobs, both of which can give me time off, but he works a full time research job and his work is WAY too busy to give him any time off right now plus he just started full time graduate school again.

The issue is the last time I tried to visit (on April 24) I got denied at the border because they said I didn't seem to have any ties to Canada. Back then my situation was different. I'd finished my schooling like the week before, my job contract with my school had just ended, and we were going by car so I didn't have a return ticket to show for my heading back (my parents were planning to drive down and pick me up and meeting my fiance's family in the process). The reason I'd been trying to head for a visit at the time was because I figured no school and no job yet was a perfect time to visit since I could stay for 2-3 weeks without having to rush back. The officer at the border told me that he thought I'd been kicked out by my parents (not true as I am still living with them ) and was trying to "run away" to the U.S. He refused any explanation I gave him and told me that calling my parents and verifying I was not kicked out was not a viable option.

I have been too scared to try to visit since. He has managed to visit me twice but his job really restrains him. I have crossed so many times before in the past and never had an issue. This crossing freaked me out and I am worried it may end up affecting my visa process negatively. But we REALLY want to see each other because we're so miserable without each other these days especially with the whole stupid Montreal interview refresh thing driving us insane. A visit will do us both good.

My question is if I attempt a visit this time with a return ticket in hand for a week later, a letter from BOTH my employers saying when they are expecting me back at work, my bank account information showing that I have a substantial amount of money in my account which I will need to be coming back to, my phone papers showing that I have an active cell phone here which I will be coming back for, my NOA2 to show that I am in the middle of the visa process and am doing it all legally, and nothing but the smallest possibly carry on that can't suffice me more than a week, will I be able to go see him?

Also, is there ANYWAY for me to know ahead of time if I will be denied or not? I don't want to go there and be denied again, because it sucks and I just don't want another entry denial on my record. Is there anyone I can call to find out if they will let me through??? Please help

[Inky 1,111]

From the evidence of now VS back then, it seems like you have a much stronger case on getting in to visit and come back. Specially if you bring info from your K-1 saying your waiting for an interview.

But... cant always promise CBP really depends on them sadly. 50/50 chance, can you get flight insurance just incase?

[Floella 1]

From the evidence of now VS back then, it seems like you have a much stronger case on getting in to visit and come back. Specially if you bring info from your K-1 saying your waiting for an interview.

But... cant always promise CBP really depends on them sadly. 50/50 chance, can you get flight insurance just incase?

I guess that is an option, but I am more worried that I have a 6 month ban on visitation and if they deny me again it affects my visa case. I have a Freedom of Information request in to find out if I'm under a ban or not, but since I haven't heard back from them yet, I'm just not sure.

[canadian_wife 1,829]

FOIA requests can take months, even a year

you are probably 'flagged' in the system like I was when I was denied entry

I attempted 2 weeks later and was admitted. I was pulled into secondary and asked to show ties - which I did

Good luck

[Floella 1]

FOIA requests can take months, even a year

you are probably 'flagged' in the system like I was when I was denied entry

I attempted 2 weeks later and was admitted. I was pulled into secondary and asked to show ties - which I did

Good luck

Well, that is good to know. It has been almost 6 months now so maybe it will be fine now with me having way more ties plus the return ticket. I'll still call and confirm on everything today with the border patrol as I need to basically decide today and then tell both my bosses that I need that week off and so on.

Thank you for all the help! I am just really nervous and worried about going again given my last experience.

[Flames9_RN 358]

Has been many that have been denied to only try again and have success as they now have more Evidence, but as you know it comes down to the POE officer. 1 Just has to have a plan in case you get turned back. Just never Lie, not even a little one.

[Kathryn41 3,205]

Were you told that you had a 6 month ban? Was anything stamped in your passport? If so, what was it?

Many Canadians get turned back at the border for not being able to prove they have sufficient ties to Canada. That is what happened on your previous attempt to enter the US. The information you listed does count as ties to Canada. You may wish to add a letter from your parents stating that you live at home, you are travelling to visit XXX in the US and will be returning on XXX date. The letter should state their relationship to you and provide contact information. If they can get it notarized or certified (most MPs or MPPs offices will do this at no charge) that verifies the identity of the signer. Do carry a copy of your K-1 file to date as this also counts as evidence that you are aware of the proper immigration process and are following it. Because of the one denial you will be under more scrutiny, but you have addressed the reason for the first denial so while there are no guarantees, there does not appear to be any reasonable reason for them to deny you entry this time.

A denial of entry for failing to prove sufficient ties to Canada will not hurt you at all for an immigration visa. Many K-1 (fiancee) and CR-1 (spouse) applicants have been denied entry for lack of ties, and it has had no impact on their processing. You just have to answer yes on any forms or to any question that asks if you have ever been denied entry to the US, and explain it was for lack of proof of ties to Canada. It won't be a problem.

Good luck and Happy Birthday to you both .

Edited September 27, 2011 by Kathryn41

[frostiana 12]

For crossing the border, I was advised to put all my personal files in a binder and put tabs so everything was easily viewed by the border people. I had a letter from my landlord, my son, my friends, my lease, all utility bills, any medical prescriptions, receipts, my credit card bills, even my cat's medical bills. It really helped at the border to have it all so organized. Good luck! Especially with the k'visa papers, that helps too.

[Floella 1]

No, there hadn't been anything stamped on my passport at all. Also, they hadn't given us too much information at the time at all about whether I was just denied entry or if I had a 6 month ban. This is why I have the FOI filed but, like I said, I haven't heard back on it.

And I have already answered yes on all forms that asked if I was denied and I do believe one form let me state the reason as well.

I guess I am just going to try again. I do think my case is much stronger this time around and I'll make sure to be as organized as possible so they do not have to shuffle through papers!

Thanks for the help everyone!

[Erin & Marc 0]

I have visited Marc several times during this process. All I say is that I am visiting my fiance. That he cannot come see me because we are in the middle of a K-1 Visa process so I come see him They never ask me for any documentation (The ticket for return would be nice though). I have NEVER had a problem

[SapphireDreams 71]

If you keep the visit to a week or so, pack very light, bring all the evidence you have now, I can't see you having a problem.

The first time you tried, you were in a much different position and you've now built up a nice amount of ties to Canada.

I used to visit all the time with the exact same evidence and since I never went for more than 1 week at a time, and always had a return ticket, they didn't give me any issues.

[GVMack 9]

I guess that is an option, but I am more worried that I have a 6 month ban on visitation and if they deny me again it affects my visa case. I have a Freedom of Information request in to find out if I'm under a ban or not, but since I haven't heard back from them yet, I'm just not sure.

Why would you have a ban if you've only been denied once?

I was denied three times in my life. Never banned. Just show proof and you should be fine.

I did.

[Floella 1]

Why would you have a ban if you've only been denied once?

I was denied three times in my life. Never banned. Just show proof and you should be fine.

I did.

At the time I was denied they told me not to try entering until my visa process has been finished. I can't stress how terrifying the experience had been, they handled it very unprofessionally and the experience just left us shaken for a while especially because every other time I had crossed there had never been any issues and they had always been polite and courteous to me.

At any rate, I have a ticket to fly out for October 7th. I'm going in armed with plenty of proof and hoping I get through. Wish me luck

And thanks for everyone's help and encouragement!!