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Going to Canada to meet...but with DUI...advice?

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Filed: Timeline

I hope I'm posting this in the right section since I'm a newbie, but my boyfriend and I haven't seen each other yet...we are one of those infamous couples that met online and well, things escalated. I live in the US and he lives in Alberta. We are very serious and I would like to eventually have him move here next year and start K-1 paperwork shortly after meeting a few times...the problem IS that he currently can't come to the US due to work and I have a DUI on my record. My DUI is 7 years old (in August) and my only conviction. I know I can apply for rehabilitation but I'm just looking into all this now...I really wasn't thinking it was going to be such a hassle but I am supposed to drive there this sunday so obviously do not have the time to process one. We really want to meet and spend a week together for our anniversary which is the purpose of the trip. Being that one of the guidelines in the k-1 packet is proof of meeting within 2 years, its essential we do this if we plan on getting the ball going so he can move here eventually. I did read that sometimes Temporary resident permits are granted to those that have a good reason to enter and have had enough time elapse from their DUI when arriving at the border. I'm going to cross my fingers and give it a try, but does anyone have any advice? Has this worked for anyone else? I'm not sure if visiting my boyfriend (soon to be fiance) for our anniversary will be deemed a good enough reason to allow a TRP, but could it be possible that explaining we are going thru the k-1 paperwork help being that we have to spend time together in a 2 year period? Or will telling border patrol that only hurt us? Has anyone gotten across on a TVP in similar situations just by exclaiming they are visiting their finace/boyfriend? In other words what can or should I say/not say in order to help my case? Being my first time, I really could use any help I could get. I do plan on applying for another one or rehabilitation after this visit, just didn't realize all this was needed until so late! Thanks so much!

(also, another side note...I can't get documentations from the police officers or anything of such to bring with me because I currently reside in a different state then the one I received my DUI in, I also am self employed)

6-16-2014: Sent I-129

6-26-2014: Received return receipt that it had arrived

6-30-2014: Received receipt form I-797C

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Filed: Citizen (pnd) Country: Canada
Timeline

Simple thing is the worst that can happen is they will deny you entry at the border. The big thing is and what people always go by, is if you are not asked anything, don't tell them anything. So if the border guards don't ask you if you have ever been arrested or had a dui, then you don't need to mention that. Only answer truthfully what they ask you and that's all you need to do.

I have only been asked that a few times way back in the past (when I was in Canada visiting the US), but that was because I was going over to Detroit at 10pm at night because I was bored, so that was a little suspicious. The only other place I've ever asked anything like that is both times in Austria where they just ask if I've ever been arrested. Then you tell them yes or no.

Generally it's not a standard question, so if you're not setting off any flags to the border guards, they are most likely not going to ask you anything like that. Worry about it only if they do ask you about it and let them know the details (in which case it's very likely they will turn you back, but at least you are honest with them)...

Edited by warlord

I'm just a wanderer in the desert winds...

Timeline

1997

Oct - Job offer in US

Nov - Received my TN-1 to be authorized to work in the US

Nov - Moved to US

1998-2001

Recieved 2nd, 3rd, 4th, 5th TN

2002

May - Met future wife at arts fest

Nov - Recieved 6th TN

2003

Nov - Recieved 7th TN

Jul - Our Wedding

Aug - Filed for AOS

Sep - Recieved EAD

Sep - Recieved Advanced Parole

2004

Jan - Interview, accepted for Green Card

Feb - Green Card Arrived in mail

2005

Oct - I-751 sent off

2006

Jan - 10 year Green Card accepted

Mar - 10 year Green Card arrived

Oct - Filed N-400 for Naturalization

Nov - Biometrics done

Nov - Just recieved Naturalization Interview date for Jan.

2007

Jan - Naturalization Interview Completed

Feb - Oath Letter recieved

Feb - Oath Ceremony

Feb 21 - Finally a US CITIZEN (yay)

THE END

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

They will most likely turn you away IF the DUI comes up, if it doesn't you will be fine. Like warlord said just be honest and truthful if asked. It might be a good idea to carry any court documents with you as proof of the exact charges etc.

Canada is very strict when it comes to DUI. My uncle got a DUI when he was 19, he's now 45, and they turned him away because of it. Hopefully it doesn't come up for you. Good luck.

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They will most likely turn you away IF the DUI comes up, if it doesn't you will be fine.

Mostly this - my US fiance had one minor misdemeanor charge from almost 10 years ago (tried to shoplift a book ><) and got denied at the border. He was told to apply for rehabilitation if he wants to come to Canada to visit. However, he came to see me before that and crossed the border with no issues.

Just be 100% honest about everything and don't offer more information than they ask for. If you look suspicious or like you may be hiding something, that is when they may choose to dig deeper into your history. And if you're driving in, don't bring a shitload of stuff in your car that might make the CO suspect you might be trying to move to Canada permanently. I think that was part of our mistake- we were driving back to Canada and had a carload of things so he could stay with me here for a month. We didn't think to bring anything that tied him back to the US (employment letter, lease, etc) so that prob set off a red flag, which lead to his background check and denial into Canada.

Now I just visit him until all my K1 things are complete. :P

Good luck!

M

Edited by Sweetmelicious
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Filed: Timeline

Mostly this - my US fiance had one minor misdemeanor charge from almost 10 years ago (tried to shoplift a book ><) and got denied at the border. He was told to apply for rehabilitation if he wants to come to Canada to visit. However, he came to see me before that and crossed the border with no issues.

Just be 100% honest about everything and don't offer more information than they ask for. If you look suspicious or like you may be hiding something, that is when they may choose to dig deeper into your history. And if you're driving in, don't bring a shitload of stuff in your car that might make the CO suspect you might be trying to move to Canada permanently. I think that was part of our mistake- we were driving back to Canada and had a carload of things so he could stay with me here for a month. We didn't think to bring anything that tied him back to the US (employment letter, lease, etc) so that prob set off a red flag, which lead to his background check and denial into Canada.

Now I just visit him until all my K1 things are complete. :P

Good luck!

M

Thanks so much for your reply, and wow...just for shoplifting a book? I hope it was a good one! haha...sorry about your fiance! That's horrible that they would decline him just for that. Did he try to apply for a TRP when he got denied or did they even mention it to him? I haven't heard many people talk about them, and I'm really curious how they work and if they "do" ask about my DUI if I would even be considered for one. I plan on only bringing a suitcase and a bag with my laptop in and keeping them in my trunk so there will be NOTHING viewable to them when I pull up.... as well as dressing up a little so I look like i'm as less of a threat as possible because I hear that can help as well (not that I look like a threat at all to begin with but just to sugar coat it) and just hope it doesn't come up. I do think I will get a letter from my landlord though just in case I am questioned proving I have responsibilities here, so great advice!

Simple thing is the worst that can happen is they will deny you entry at the border. The big thing is and what people always go by, is if you are not asked anything, don't tell them anything. So if the border guards don't ask you if you have ever been arrested or had a dui, then you don't need to mention that. Only answer truthfully what they ask you and that's all you need to do.

I have only been asked that a few times way back in the past (when I was in Canada visiting the US), but that was because I was going over to Detroit at 10pm at night because I was bored, so that was a little suspicious. The only other place I've ever asked anything like that is both times in Austria where they just ask if I've ever been arrested. Then you tell them yes or no.

Generally it's not a standard question, so if you're not setting off any flags to the border guards, they are most likely not going to ask you anything like that. Worry about it only if they do ask you about it and let them know the details (in which case it's very likely they will turn you back, but at least you are honest with them)...

Thanks so much! I plan on being truthful if it comes up but I am crossing my fingers it doesn't. I have heard the same thing and that they don't always ask just depends on the guard, the rush, and your credibility when you pull up. So avoiding anything that can give me red flags for sure, but I'm also sadly preparing myself for disappointment in case I happen to be turned away.

They will most likely turn you away IF the DUI comes up, if it doesn't you will be fine. Like warlord said just be honest and truthful if asked. It might be a good idea to carry any court documents with you as proof of the exact charges etc.

Canada is very strict when it comes to DUI. My uncle got a DUI when he was 19, he's now 45, and they turned him away because of it. Hopefully it doesn't come up for you. Good luck.

Thanks for your reply! Thats a LONG time for them to send him away. Wow. I was going to try to get rehabilitated but it takes a lot of time and silly me, I didn't actually think of checking about border crossing regulations until 2 days before I actually cross. I can't carry any court documents unfortunately because it happened in another state and I would have to go back there to get them which I wouldn't have enough time for. Ahhh. Well, hopefully things don't work that way for me!

6-16-2014: Sent I-129

6-26-2014: Received return receipt that it had arrived

6-30-2014: Received receipt form I-797C

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Thanks so much for your reply, and wow...just for shoplifting a book? I hope it was a good one! haha...sorry about your fiance! That's horrible that they would decline him just for that. Did he try to apply for a TRP when he got denied or did they even mention it to him? I haven't heard many people talk about them, and I'm really curious how they work and if they "do" ask about my DUI if I would even be considered for one. I plan on only bringing a suitcase and a bag with my laptop in and keeping them in my trunk so there will be NOTHING viewable to them when I pull up.... as well as dressing up a little so I look like i'm as less of a threat as possible because I hear that can help as well (not that I look like a threat at all to begin with but just to sugar coat it) and just hope it doesn't come up. I do think I will get a letter from my landlord though just in case I am questioned proving I have responsibilities here, so great advice!

Nope they didn't mention anything about TRP, just that if he can gather most of the required documents for the rehabilitation requirement in the next 24 hours they will let him through as "deemed rehabilitation" - we lol'd. Okay we will just drive across the country to gather paperwork to show that a fine was paid 8 years ago.

Honestly tho - I'm pretty sure they thought he was trying to illigally immigrate to Canada (we really had nothing to prove otherwise), and the misdemeanor charge just sealed the deal. It SUCKED so bad though! It was definately a wake up call, we were both so naive at that point (it was a few years ago).

You might get denied or you might be fine, it seems so random sometimes. Definately get your rehabilitation paperwork gathered tho, you might even need some of those documents for your K1 (I don't remember the gudelines regarding DUIs).

M

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When my wife came up to visit me for the first time, she flew and being that we didn't really know how seriously they take the POE at that point in time, we weren't really thinking about it.

She didn't have a return ticket (because her job gave her leave and we didn't know how long she was going to be visiting for before we were going to visit her family and friends in the US) and she was travelling alone and with an extremely large bag of clothes (she just loves clothes and has a million different outfits, again, weren't really thinking about it.)

I went to the airport to pick her up at midnight and everyone else came through the gates except for her. I was told that they were trying to find her luggage (which ended up being sent to the wrong airport) and then she was texting me and told me she was in customs. They held her in there for 45 minutes asking her questions and and being suspicious, they asked to see her phone so they could read her texts that we were actually communicating, and then the officer called my phone and asked me all these questions to confirm that she was my girlfriend and she was coming to visit me. He was super nice to me on the phone, and after that, he let her go through. He apparently wasn't too pleasant to her though, which now that I know more about the immigration system, it totally makes sense.

However, we realized after that her DUI with possession she had when she was 18 (will be 5 years this December) even though it was expunged, might have shown up on her record and they just didn't say anything to her.

I guess it just depends on who you deal with.

We were considering pursing immigration in Canada at one point but her DUI won't be legible for rehabillitation until December and overall it would be more affordable to live in the US until we can go to school and get good jobs.

But anyways, that was my experience. Good luck!

Edited by Erica & Lily

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Filed: Timeline

Thanks so much for your post! I like hearing about other situations because it gives me at least hope it can be possible lol...eventually we plan on getting married too and are choosing the US for those same purposes, though I will only be able to visit him until January so if I want more visits in, I'm going to have to try the rehabilitation.

When my wife came up to visit me for the first time, she flew and being that we didn't really know how seriously they take the POE at that point in time, we weren't really thinking about it.

She didn't have a return ticket (because her job gave her leave and we didn't know how long she was going to be visiting for before we were going to visit her family and friends in the US) and she was travelling alone and with an extremely large bag of clothes (she just loves clothes and has a million different outfits, again, weren't really thinking about it.)

I went to the airport to pick her up at midnight and everyone else came through the gates except for her. I was told that they were trying to find her luggage (which ended up being sent to the wrong airport) and then she was texting me and told me she was in customs. They held her in there for 45 minutes asking her questions and and being suspicious, they asked to see her phone so they could read her texts that we were actually communicating, and then the officer called my phone and asked me all these questions to confirm that she was my girlfriend and she was coming to visit me. He was super nice to me on the phone, and after that, he let her go through. He apparently wasn't too pleasant to her though, which now that I know more about the immigration system, it totally makes sense.

However, we realized after that her DUI with possession she had when she was 18 (will be 5 years this December) even though it was expunged, might have shown up on her record and they just didn't say anything to her.

I guess it just depends on who you deal with.

We were considering pursing immigration in Canada at one point but her DUI won't be legible for rehabillitation until December and overall it would be more affordable to live in the US until we can go to school and get good jobs.

But anyways, that was my experience. Good luck!

6-16-2014: Sent I-129

6-26-2014: Received return receipt that it had arrived

6-30-2014: Received receipt form I-797C

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