How much trouble will this cause my wife?

[Cathi 5,784]

Just out of curiosity, isn't admitting your are living in the US with a visitor visa not a good thing? I know she was given 6 months and she left before the 6 months was up, but they actually admitted to it. Not trying to start anything, just trying to understand if it will cause problems in the future.

[Teddy B 17,252]

Just out of curiosity, isn't admitting your are living in the US with a visitor visa not a good thing? I know she was given 6 months and she left before the 6 months was up, but they actually admitted to it. Not trying to start anything, just trying to understand if it will cause problems in the future.

Technically, yes it should be a problem. But I think it's one of those things that the officer can use their discretion. In this case the op said the officer granted them entry because not doing so would cause even more problems for them. I'm sure if they happened to get an officer who wasn't having a good day, things would have been handled much differently. The notes of what transpired are there, but she did what she said she would and that's a good thing.

[Nick2442 1]

OP here -- in response to the question about 'living' vs. 'visiting' I don't know if you're right or not, but there are two reasons I told the visa officer that:

1) Most importantly, whether one is living or visiting, she had been in the U.S. for almost 6 months. That's a fact, which is independent of its label. Both residents and visitors sleep, eat, get up in the morning, etc. Her name was never on a lease and she didn't work or study.

2) Since we were depending on his discretion to let us in, it seemed to make more sense to simply tell him what was going on, as opposed to claiming she had been visiting for 6 months and then possibly getting in an argument about whether we considered that to be living or visiting. I suppose that in the future if she has trouble at the border we can argue that she was only visiting, it turned out to be longer than we thought, but we still avoided an overstay.

And finally, I hate lying to border officials, the system really is set up so that falsehoods are usually obvious, with a little questioning or simply a passport scan. Those guys have a lot of discretion, and in my opinion -- if what you're doing is blurring the rules, but not really violating them or profiting -- it's better to tell them what's going on and hoping that they accept it, particularly because doing so means that you look less desperate. We've been married for several years and have a young kid with dual citizenship; I think our situation made sense. In this case, if they'd turned us back, then it would have been an inconvenient nuisance but not a disaster. If in the future it turns out she consistently has real trouble getting into the States, then it won't have been worth it, however. I hope that the general consensus that several years out and a respectable Canadian passport will help with that is correct.

Edited January 29, 2014 by Nick2442

[David & Diana R 1,005]

if a pattern emerges, they can refuse entry at the border. Is it called a ban? Unsure, I think there's other words for it.

If a tourist visa holder is in USA fully 6 months each 12, that's part of the pattern that emerges. a CBP goon can refuse entry. Time passes, she can try again, and be let in .

"CBP Goon"?? oh my...

Edited January 29, 2014 by David & Zoila

[jdh 103]

I actually had a flag put on my passport as well.

In the winter of 2010 I was getting milk and gas one day in the USA - on my way back to Canada I stopped at the border patrol office and went inside to ask if they could give me any assistance on what the proper route to go would be in regards to immigrating one day.

The officer I spoke with had a very bad attitude and turned my simple questions into a time of interrogation and filled my head with many lies about how difficult it would be. When I finally left the office he followed me out and asked to have my passport back. Out of intimidation I complied...I should have asked for a supervisor at this point since his initial investigation had been completed - that is your right...I didn't know at the time.

I surrendered the passport and he photocopied it and let me go.

I found out the next time I tried to cross for some gas that he had flagged my passport. He based it off the fact that when he was interrogating me it came out that I was a Pastor and belonged to international organization - so I would be able to find work in the US when/IF I immigrated...not sure how that would be an indication that I planned on doing it illegally.

They gave me a hard time crossing every time after that, but did let me cross. I think because I showed them that it would be stupid for me to do it illegally when I have a profession and more importantly a US wife...why would I not just go through the system?

When we came over the final time before immigrating, I went through the same process of being called in and interrogated. We were visiting my in-laws. I had one way tickets but I did have proof of my job in Canada and hardly any luggage with us.

The officer did let me through without any further issue. And then 7 months later I applied for permanent residency.

In regards to how long this will stay in their system? From what I can tell, based off my experience it stays for more than a couple years.

I visited my family in Canada in December 2012 and when I tried to cross December 31, 2012 even though I had a GREEN CARD the window officer still had us pull over and have me come in. I wasn't worried this time because they had no right to turn me away. Within minutes a man came out and apologized for the inconvenience and said that the flag was showing up from a couple years back. He said sometimes it doesn't get taken away for a while after the green card is issued.

He did say that if I wanted to I could apply to have the notes removed if I was worried about it and if I could present reasoning for it to be removed they would take it off. It wasn't necessary for me because he said it should be gone now - but for you I would advise maybe to look into that.

Edited January 29, 2014 by jdh