Visitor Visa - Denied once, but trying again

[MrsWoodsy 0]

Hi all!

So I have a question for all of you and maybe you can help me out. So, my fiance was going to come down in December of 2015 so he could be my moral support because my Pappy was dying of cancer. My mom bought him a one way ticket and he was denied entry because he didn't know when he was going to come home. We didn't know when he was going to go home either because we didn't know how long Pappy was going to live for. The CBP officer told him he was not barred but he has no ties to his country of Canada and he looked like he was illegally immigrating. The officer also told him that he would've had a better chance in second level security if he had a round trip ticket. So we're going through with the K1 visa process and we're prepping for the interview that he'll have in Montreal. I wanted him to come down and spend a month and half to two months with us (he has stayed with us for two months before). I'm wondering if he'll be stopped by CBP again if he tries to come down on a round trip ticket. Should he bring bank statements and his cell phone bill (the only real things he can use as a tie to his country) just in case they question him again? He's come down twice before on round trip tickets. Has anyone else experienced this? Any help is greatly appreciated

Edited January 28, 2016 by misskayleigh

[NikLR 13,227]

Likely he will be stopped again. He doesn't have any really strong ties to Canada and his name has been flagged in the system. You can try but if he's denied again I suggest waiting for the visa.

[SunflowerSweet 1,321]

I'm a little confused, are you applying for a visitor visa like the title suggests or just visiting from Canada with the VWP. He should not need an actual visitor visa if he is from Canada..

I'm going to guess the one-way ticket was the killer.

Was the K-1 visa process active when he tried to visit this most recent time with the one-way ticket and did he mention it to the officer?

When he visited the other two times with return tickets, was the visa process open?

Also, how often has he been visiting and for how long?

It's possible he will be questioned again, even with the round trip ticket, but having that return flight will help.

Have you looked at the "Yes You Can Visit" thread? I am assuming you must have at least looked into this a little since you mention ties to his country. Good!

I guess if there are no other ties you can provide then the best other advice I can give is:

1. Make sure the return flight isn't too long from his initial entrance (you can try and change it once he gets into the country). Anything over a month is probably pushing it.

2. Make sure he packs reasonably light. Just the needed items for a short visit.

3. Make sure he hasn't been visiting frequently for long periods of time, as this is frowned upon and a red flag. If he is getting close to spending more time in the US than at home, there is likely going to be an issue.

Uh I think that's it, sorry for being so wordy aha

[MrsWoodsy 0]

I'm a little confused, are you applying for a visitor visa like the title suggests or just visiting from Canada with the VWP. He should not need an actual visitor visa if he is from Canada..

I'm going to guess the one-way ticket was the killer.

Was the K-1 visa process active when he tried to visit this most recent time with the one-way ticket and did he mention it to the officer?

When he visited the other two times with return tickets, was the visa process open?

Also, how often has he been visiting and for how long?

It's possible he will be questioned again, even with the round trip ticket, but having that return flight will help.

Have you looked at the "Yes You Can Visit" thread? I am assuming you must have at least looked into this a little since you mention ties to his country. Good!

I guess if there are no other ties you can provide then the best other advice I can give is:

1. Make sure the return flight isn't too long from his initial entrance (you can try and change it once he gets into the country). Anything over a month is probably pushing it.

2. Make sure he packs reasonably light. Just the needed items for a short visit.

3. Make sure he hasn't been visiting frequently for long periods of time, as this is frowned upon and a red flag. If he is getting close to spending more time in the US than at home, there is likely going to be an issue.

Uh I think that's it, sorry for being so wordy aha

Thank you for your reply! and he is just coming down to visit. just the stamp of the passport and all. He mentioned to the officer that the visa process was going on. The officer pulled up our petition and everything. But the other times he was down the process was not going on. The last time he visited (October of 2015) was when he proposed and we filed the petition the day he left for home. He stayed for two weeks that time. The other time he came to visit was May 2015 and he left at the end of June 2015. We met for the first time in May of this year. So in total he stayed for two months and two weeks. We also figured out some other ways to fulfill the intentions and ties thing for CBP. They include name of the person he is staying with, address and phone number with who he is staying with, sufficient funds, and a letter from the employer.

Edited January 28, 2016 by misskayleigh

[Jawaree 717]

Make it a rule to always have a roundtrip ticket when entering any country

except the one you were born in or have legal status

[MrsWoodsy 0]

oh we will always have that rule in mind now. but does this whole thing hinder him coming down again? would CBP really go out of their way to interview him again even if he has a return ticket?

[TBoneTX 45,324]

There might be extra questioning, but he should be frank and candid and follow the steps offered by others above.

[Transborderwife 4,666]

oh we will always have that rule in mind now. but does this whole thing hinder him coming down again? would CBP really go out of their way to interview him again even if he has a return ticket?

Most likely

[Cheezees 1,514]

I think the officers thought he was trying to bypass the K1 process by purchasing a ticket to visit. Being a one-way ticket only made it look worse even though you and he had honest intentions. A one-way ticket generally screams "no ties/plans to return to a foreign country". Coupled with a K1 application it bodes very badly. I hope that with a good explanation of the circumstances that he is allowed entry again. To me, your situation is what one-way tickets are made for. It is a pity that others use it to try to circumvent immigration processes so now everyone is "punished". Good luck!

[MASH 172]

The only way for him to pass the border is have the proof, before my k1 visa was approved I showed that I still worked at my job in Canada and used my address of were I was renting and had a 2 way plane ticket

Any other way I am not sure since he was already denied once already , best thing to do is wait till ur fiance gets approved

[LORIEandPHIL 123]

I would expect him to get extra scrutiny, but can not see why he should be denied entry. Especially as he has returned everytime before. Just get a return ticket! The K-1 is proof you are doing things the correct way unlike a large number of others. I visited while waiting for my K-1. visa without any problems (I don't see answering a few extra questions as a problem). And I had already left my employment, gave up my home, sold almost everything, and was staying with a friend while waiting (no ties to show). I always had a return ticket, even if I had no idea how long I was staying, because return tickets are cheaper from the UK. than single.

[caliliving 606]

When you come from Canada you technically don't need a visa. but really, you are given a B2 visitor visa good for 6 months whether they stamp you or not.

He is in the system, he is flagged. I have had friends that this happened to and they were flagged in the system and unable to visit unless they showed the ties that the IO asked for. If you want to have ANY chance to come back and visit make sure he has a round trip ticket and strong ties to canada - a job, house, ect... obviously he doesnt so i would give this a very very small chance of going through. Honestly, just wait until you get the K1 visa, unless you want to spend all that money on a non-refundable plane ticket.

So no, he wont have a good chance at all of coming in as he will be directed right to secondary and have to show ties ect. and if he said he was going to visit his GF that will be in the system as well.

[HFM181818 750]

a 'job' for a 'job' in which he has all of 15 minutes experience is not exactly an overwhelming tie to Canada, nor is a bank account or a cell phone bill...(who dreams this stuff up, anyway?)...now that he has been flagged, any attempt to enter with dummied-up window dressing 'ties' will make him appear even more likely to stay....(because who would go to that much trouble who really planned to return??)....

Entering the US, whether with a B2 or some kind of VWP or whatever, is NOT a game....those who try to 'outwit' the people managing our borders will find out that they are at a huge disadvantage, that CBP has seen or heard all of the stories....it still amazes me that so many people out there truly believe they are more clever than a CBP officer who has been on the border for years....(but then, I've had tens of thousands of visa applicants who thought that I was incredibly naïve as well.....you can guess what the approval rate was for those clowns.....)

[MrsWoodsy 0]

a 'job' for a 'job' in which he has all of 15 minutes experience is not exactly an overwhelming tie to Canada, nor is a bank account or a cell phone bill...(who dreams this stuff up, anyway?)...now that he has been flagged, any attempt to enter with dummied-up window dressing 'ties' will make him appear even more likely to stay....(because who would go to that much trouble who really planned to return??)....

Entering the US, whether with a B2 or some kind of VWP or whatever, is NOT a game....those who try to 'outwit' the people managing our borders will find out that they are at a huge disadvantage, that CBP has seen or heard all of the stories....it still amazes me that so many people out there truly believe they are more clever than a CBP officer who has been on the border for years....(but then, I've had tens of thousands of visa applicants who thought that I was incredibly naïve as well.....you can guess what the approval rate was for those clowns.....)

It's not that we are dreaming this stuff up. It says so on the paper the CBP officer gave him. The paper explains that he is not admissible to the US, but if he comes to the airport with sufficient ties such as a letter from college, bills, the phone number & address for the person you're staying with, the name of that person, sufficient funds, evidence of financial support (bank statements), evidence of employment (letter from employer), etc then they will give him a chance if he has a round trip ticket. We know this is not a game (never thought it was in the first place). We aren't even trying to outwit CBP, we're complying to what they want to see. My fiance lives at home with his dad and doesn't pay for bills except for his cell phone bill. Our intentions are pure and true. It is terrible that I won't get to see him till the visa process is done and over with. All I wanted to do was to see him for Valentine's day and prep him for the interview.

Intentions and Ties.pdf

Edited January 29, 2016 by misskayleigh

[MrsWoodsy 0]

I would expect him to get extra scrutiny, but can not see why he should be denied entry. Especially as he has returned everytime before. Just get a return ticket! The K-1 is proof you are doing things the correct way unlike a large number of others. I visited while waiting for my K-1. visa without any problems (I don't see answering a few extra questions as a problem). And I had already left my employment, gave up my home, sold almost everything, and was staying with a friend while waiting (no ties to show). I always had a return ticket, even if I had no idea how long I was staying, because return tickets are cheaper from the UK. than single.

Well, the CBP officer pulled up our I-129F that was pending and he told my fiance that he would have better luck if I came up or he waited the visa process out. Like what the hell man I wanna see my fiance