Entry to USA through Vancouver

[ambrella 62]

1 hour ago, CanadianMomtobe said:

I live south of Vancouver and I have visited the US what seems like thousands of times the past year seeing my fiance. I have never in my entire life been asked to stay away for a while. If they said that to you then there was a reason, and usually it means they felt you overstayed. Overstaying is a big deal to them. 

 

This isn't the answer you want to hear but you should listen to what I'm saying cause I'm in the same boat and sympathize and I'm actually trying to help you out. This is your call but it can absolutely affect your visa. A friend of the family had a K1 in progress and wanted to go to a festival in Miami. So there she was at the border with a couple of suit cases. They asked her why she was showing up to the US border while an immigration visa was in progress with all of her stuff? Was she trying to move there before approval? They ended up delaying her visa THREE YEARS. She was devastated. I'm warning you to save you the same grief that's the purpose of this site. 

 

Thank you for the advice but 3 years??! How or why? There must be more to that story? All advice I've read on this forum says that a previous denial for 'suspected immigration intent' will not affect a k1 visa. 

 

I did spend a lot of time there, I get why they advised me to stay away for a while, but it's been 6 months and I'm visiting for a week, ill probably only have carry on luggage! Unfortunately my fiance cannot take much time off work up until christmas so this is our only option or we won't see each other for 4 months. 

[K1applicant 12]

9 minutes ago, ambrella said:

 

Thank you for the advice but 3 years??! How or why? There must be more to that story? All advice I've read on this forum says that a previous denial for 'suspected immigration intent' will not affect a k1 visa. 

 

I did spend a lot of time there, I get why they advised me to stay away for a while, but it's been 6 months and I'm visiting for a week, ill probably only have carry on luggage! Unfortunately my fiance cannot take much time off work up until christmas so this is our only option or we won't see each other for 4 months. 

There is no more to the story I assure you. Showing up with all of her stuff set off enough of a red flag that they put her case under review and it was delayed. Three years is how long it took to come back from that. The thing about this whole process to keep in mind is that all of this is at their discretion. Just like the border guards you meet at POE's, they can deny, flag, put under review any person or case they want to and they do not need to give you a reason. You are at their mercy and that's why it's so important to take their rules and what they tell you seriously. 

 

If you are set on doing this then yes, pack as lightly as you can. A carry on would be the best way to go if that's possible for you. Also try and come prepared with an itinerary, return ticket is the most important, a current lease with your name, a letter from your employer, just as much as you can. Also consider just going straight to the US. The Trump administration already thinks Trudeau's Canada has a weak border and I really think they would wonder why you flew into Canada first instead of just LA/US. What I would do if I were you is fly into Seattle (or elsewhere in the US) and get your clearance there. Of all the airports I've flown to in the US (Seatac, chicago, JFK, Newark, Dallas) LAX is BY FAR the most hostile. 

[ambrella 62]

16 minutes ago, CanadianMomtobe said:

There is no more to the story I assure you. Showing up with all of her stuff set off enough of a red flag that they put her case under review and it was delayed. Three years is how long it took to come back from that. The thing about this whole process to keep in mind is that all of this is at their discretion. Just like the border guards you meet at POE's, they can deny, flag, put under review any person or case they want to and they do not need to give you a reason. You are at their mercy and that's why it's so important to take their rules and what they tell you seriously. 

 

If you are set on doing this then yes, pack as lightly as you can. A carry on would be the best way to go if that's possible for you. Also try and come prepared with an itinerary, return ticket is the most important, a current lease with your name, a letter from your employer, just as much as you can. Also consider just going straight to the US. The Trump administration already thinks Trudeau's Canada has a weak border and I really think they would wonder why you flew into Canada first instead of just LA/US. What I would do if I were you is fly into Seattle (or elsewhere in the US) and get your clearance there. Of all the airports I've flown to in the US (Seatac, chicago, JFK, Newark, Dallas) LAX is BY FAR the most hostile. 

 

Yes I will do all of that. I just want to say I'm not planning to fly into Canada because I think I have a better chance of getting through there, I just don't want to be held in some kind of custody after a long distance flight and then be put straight back on another one. Just the thought of that happening fills me with dread and anxiety. 

 

I think if I do go via canada it will be to spend the weekend there and also visit my sister (who lives in whistler) and then I will go to the U.S. after a few days.  Does that sound better and less suspicious? 

[K1applicant 12]

1 minute ago, ambrella said:

 

Yes I will do all of that. I just want to say I'm not planning to fly into Canada because I think I have a better chance of getting through there, I just don't want to be held in some kind of custody after a long distance flight and then be put straight back on another one. Just the thought of that happening fills me with dread and anxiety. 

 

I think if I do go via canada it will be to spend the weekend there and also visit my sister (who lives in whistler) and then I will go to the U.S. after a few days.  Does that sound better and less suspicious? 

Yes, much better. If you had a reason to be in Canada first then that's entirely different. I understood it as flying into Canada and then trying to go directly into the US, which would look like you thought it would be easier to enter from Canada. Try and take some pics on your phone of your trip to Whistler and maybe have your sister's address in Whistler on hand as well. 

[acidrain 325]

I just wanted to chime in as I just traveled through YVR just days ago to visit my spouse. My case is unusual for the fact my family tried to cross the border back in Jan with a U-haul and was denied under section 212 (intent to immigrate). My passport is flagged so every time I cross the border I have to report to secondary and get permission to enter the US.

 

I've gone through the process twice and both times I was prepared to get on the next flight home. Both experiences were slightly different. The first officer seemed more interested in the proof of ties to Canada. The second officer seemed more interested in my IR-1 application and what my chances were in getting it. The interviews themselves were intense and was asked rapid questions. I had to go through every school and job I've had since I've been married (which is almost 10 years). From my experience these guys/girls know exactly what questions to ask and how to ask them. So make sure you have all your ducks in a row because they are looking for even the slightest indication something isn't right.

 

Both officers pretty much said the same thing in that every time you enter the application is viewed as brand new. So what happened in the past should not entirely dictate the outcome. Denials obviously raise huge flags of mistrust. But being completely transparent and honest in my experience is vital. Since I have the section 212 denial the border is on alert I am going to split Canada and not come back. I found the officials I dealt with completely reasonable but I had to prove my case beyond a reasonable doubt. Which meant collecting as much evidence as I could to prove I would go return and show my IR1 application. It is vital to show up with the official NOA1 receipt. Both times I was asked to explain how we applied for our IR1 and what our "plan" is. They asked if my spouse was working, how I'd support myself and what I was doing in the meantime.

 

If you go through secondary they will look at time spent in the US with heightened scrutiny. So for the past 12 months they will calculate the number of days entered. I was told it may come down to who you get and whether they believe your telling the truth. I have kept my visits short (11-12 days) which both times I was told is vital to allowing my entry. Be prepared for a long wait. The first time I barely made my flight. The second time was faster. The officer said it can get crazy busy where you may have to wait hours. Ensure if you have a connecting flight to allow yourself enough time. They will know as soon as you sit down how many bags you are traveling with so obviously don't lie or pack heavy.

[acidrain 325]

Just to add on to my last message. You will know if you've been selected for secondary if you get an X across your name after you sign in at the kiosk (take your photo) after the xray screening.

 

Both times the front line workers were super friendly and I probably would've gotten waved through had it not been for our section 212 denial. I was told last time they are obligated to take someone to secondary once their file is flagged for immigration. I doubt most people will ever have to go through what we have. If anyone does have their file flagged, it's flagged for the entire duration of the IR1 process.

 

The official I got last time also said part of why they have to look at the file so closely is to help people get their green cards. So for instance if they see you are spending too much time in the US, it's their job to deny entry based on the fact it might interfere with with getting a green card.

 

If anyone does ever get selected to go to secondary don't panic! I couldn't believe how guilty people started to look when they got stressed out. The experience does feel like sitting in a high school principal's office. Make sure to give the officers respect and to not come across aggressive. The guy I wound up next to claimed he was part of some sort of conspiracy and that animals got treated better. It's not the way you want to start out a conversation.

Edited August 25, 2017 by acidrain

[ambrella 62]

12 hours ago, CanadianMomtobe said:

Yes, much better. If you had a reason to be in Canada first then that's entirely different. I understood it as flying into Canada and then trying to go directly into the US, which would look like you thought it would be easier to enter from Canada. Try and take some pics on your phone of your trip to Whistler and maybe have your sister's address in Whistler on hand as well. 

 

Yes that was my original plan, but now you've scared me into thinking this is a better idea! 

[ambrella 62]

7 hours ago, acidrain said:

Just to add on to my last message. You will know if you've been selected for secondary if you get an X across your name after you sign in at the kiosk (take your photo) after the xray screening.

 

Both times the front line workers were super friendly and I probably would've gotten waved through had it not been for our section 212 denial. I was told last time they are obligated to take someone to secondary once their file is flagged for immigration. I doubt most people will ever have to go through what we have. If anyone does have their file flagged, it's flagged for the entire duration of the IR1 process.

 

The official I got last time also said part of why they have to look at the file so closely is to help people get their green cards. So for instance if they see you are spending too much time in the US, it's their job to deny entry based on the fact it might interfere with with getting a green card.

 

If anyone does ever get selected to go to secondary don't panic! I couldn't believe how guilty people started to look when they got stressed out. The experience does feel like sitting in a high school principal's office. Make sure to give the officers respect and to not come across aggressive. The guy I wound up next to claimed he was part of some sort of conspiracy and that animals got treated better. It's not the way you want to start out a conversation.

 

OK your case has scared me! I was taken into secondary on my last visit, and now I remember my photo page had a cross against it then.  Will I be automatically taken into secondary this time because I was last time? Last time I explained my situation and showed them proof of the job interview I was going to be attending, they searched my phone for evidence of working illegally (there wasn't any) and then they let me on my way.  

 

Everything I am doing is honest and I have all my ducks in a row as you say, the only thing I am worried about is the last time I entered I said the person I was staying with was my just my friend, not my boyfriend, and now that friend and I have a k1 visa in progress....  

 

 

[NikLR 13,232]

Generally speaking once you go into secondary, you often have to do that until citizenship is gained and even occasionally after that. (But that is rare.)  But you're likely not flagged like the poster you quoted.  Often if you are flagged in such a way (with 212) you aren't allowed entry again without years going by or an immigrant visa.

 

Bring evidence of your ties to home. Pack lightly. Don't worry about what can happen, just prepare as best you can then deal with it if it does. 

[cantofla 45]

On 8/26/2017 at 3:18 AM, ambrella said:

 

OK your case has scared me! I was taken into secondary on my last visit, and now I remember my photo page had a cross against it then.  Will I be automatically taken into secondary this time because I was last time? Last time I explained my situation and showed them proof of the job interview I was going to be attending, they searched my phone for evidence of working illegally (there wasn't any) and then they let me on my way.  

 

Everything I am doing is honest and I have all my ducks in a row as you say, the only thing I am worried about is the last time I entered I said the person I was staying with was my just my friend, not my boyfriend, and now that friend and I have a k1 visa in progress....  

 

 

Why don't you just fly into Vancouver period, and spend a couple of days or a week there and have your fiancee come see you there instead?

 

I wouldn't jeopardize anything if I were in your situation.

 

If you show up at the POE they will see you have a K1 petition in progress.. That is strong immigrant intent, and they can deny you entry based on that alone.

 

Although that wouldn't jeopardize your K1 visa, its going to be physically tiring flying all that time from the UK to the USA and only having to find out they'll put you on the next flight home, and it's a chance you'll end up in secondary for years!

 

Just go to Vancouver and have him meet you there, and then fly home from there, it's much better that way.

[Ontarkie 14,409]

~~Duplicate threads merged. Do not start more than one thread for the same topic.~~

Edited August 30, 2017 by Ontarkie