Travel after being denied for insufficient ties last summer...?

[sumbunny 566]

Hey guys,

 

My fiance was denied entry to the US (allowed to withdraw) last summer from Canada. We were crossing the border together at Peace Bridge as he was going to stay with me for a couple of months in summer/fall. Our plans were for him to stay with me from end of July through early October. His contract at the university was up and he was done with classes, so he decided to let his lease go near the university and move home to a basement apartment in his mom's home because she supports our relationship and welcomed helping him have an easier time coming to visit me. It seemed like the perfect time to have a bit of an extended trip.

 

It backfired obviously, as without lease, university, job, etc. he was told he didn't have sufficient ties to Canada and wasn't allowed entry with me. It was heartbreaking, but it was definitely the catalyst for us to get the ball rolling on forever, so I'm grateful in that regard as we started the K1 process shortly after that experience.

 

Since then, I've been doing all of the traveling up to Canada every couple of months or so, but I miss him being here with me. I have three kids (yes... there's a bit of an age difference between us) and it's hard to travel as often as I have been. Nothing has changed with regard to his circumstances. He's had a hell of a time finding a job, is still living with his mom as it's easiest financially and who knows when the K1 will be done so doesn't want to sign a lease, and isn't a student with classes to return to, so my question is has anyone traveled after being denied entry like this? 

 

If he had a round trip ticket and was coming for a shorter stay (ie. two weeks), brought our NOA1 showing we were in the middle of the process, etc. or something along those lines, do you think they would let him in? Or, because he's been allowed to withdraw in the past, and nothing has changed with regards to his ties, do you think it would turn out even worse? We've been avoiding it because we don't want to take any chances, but I keep seeing these posts about people "staying with my man until March" or "i left my job at the beginning of January and now we're spending time together" and things like that and I can't help but feel like maybe I'm missing something, so I thought I would ask?

 

Like, I said, we don't want to take any chances this late in the game, and the experience last summer was downright unnerving with the photographing and fingerprinting and so on, but I thought it couldn't hurt to ask if anyone had any thoughts or experience with this.

 

Thanks!

 

R

[milimelo 4,574]

If nothing has changed he better stay put until visa in hand. 

[Crazy Cat 42,625]

1 hour ago, sumbunny said:

Hey guys,

 

My fiance was denied entry to the US (allowed to withdraw) last summer from Canada. We were crossing the border together at Peace Bridge as he was going to stay with me for a couple of months in summer/fall. Our plans were for him to stay with me from end of July through early October. His contract at the university was up and he was done with classes, so he decided to let his lease go near the university and move home to a basement apartment in his mom's home because she supports our relationship and welcomed helping him have an easier time coming to visit me. It seemed like the perfect time to have a bit of an extended trip.

 

It backfired obviously, as without lease, university, job, etc. he was told he didn't have sufficient ties to Canada and wasn't allowed entry with me. It was heartbreaking, but it was definitely the catalyst for us to get the ball rolling on forever, so I'm grateful in that regard as we started the K1 process shortly after that experience.

 

Since then, I've been doing all of the traveling up to Canada every couple of months or so, but I miss him being here with me. I have three kids (yes... there's a bit of an age difference between us) and it's hard to travel as often as I have been. Nothing has changed with regard to his circumstances. He's had a hell of a time finding a job, is still living with his mom as it's easiest financially and who knows when the K1 will be done so doesn't want to sign a lease, and isn't a student with classes to return to, so my question is has anyone traveled after being denied entry like this? 

 

If he had a round trip ticket and was coming for a shorter stay (ie. two weeks), brought our NOA1 showing we were in the middle of the process, etc. or something along those lines, do you think they would let him in? Or, because he's been allowed to withdraw in the past, and nothing has changed with regards to his ties, do you think it would turn out even worse? We've been avoiding it because we don't want to take any chances, but I keep seeing these posts about people "staying with my man until March" or "i left my job at the beginning of January and now we're spending time together" and things like that and I can't help but feel like maybe I'm missing something, so I thought I would ask?

 

Like, I said, we don't want to take any chances this late in the game, and the experience last summer was downright unnerving with the photographing and fingerprinting and so on, but I thought it couldn't hurt to ask if anyone had any thoughts or experience with this.

 

Thanks!

 

R

 

One thing has changed in your scenario.  He now demonstrates clear intent to immigrate (NAO1).....along with the absence of other ties, he is likely to be denied again for a non-immigrant entry imo.

Edited February 14, 2018 by missileman

[sumbunny 566]

I think I'm inclined to agree with both of you. It's just weird because in my mind, going through the K1 process demonstrates a clear intent to immigrate via legal means, respectful of our laws. So it's bizarre to me that they would deny based on suspicion of him breaking those laws or putting that application in jeopardy kwim? But alas, I do ultimately agree that it's probably safest for him to just stay put and not take any chances. Thanks for the replies!

[kat.cap13 233]

Your fiancé should definitely bring his NOA1 with him when he plans to travel down to the US, to show the officer that he is following the correct immigration process.

 

When I applied for the K1 visa back in April, I had quit my job in Ottawa and moved back home to Toronto to wait for my petition to be approved, and would travel frequently to the US. I really didn't have any ties to Canada (no lease, no car payments, no job, etc.) and I managed to travel to the US for 139 days throughout the K1 process. I always traveled with a big binder of all documentation applicable to my petition (NOA1, NOA2, copy of my petition, etc.) and I had ZERO issues at the border. I was never asked about ties to Canada or my pending petition. 

 

He shouldn't have any problems if he has all documentation with him and a return ticket booked. Goodluck! 

 

 

[Crazy Cat 42,625]

5 minutes ago, sumbunny said:

I think I'm inclined to agree with both of you. It's just weird because in my mind, going through the K1 process demonstrates a clear intent to immigrate via legal means, respectful of our laws. So it's bizarre to me that they would deny based on suspicion of him breaking those laws or putting that application in jeopardy kwim? But alas, I do ultimately agree that it's probably safest for him to just stay put and not take any chances. Thanks for the replies!

It does no harm, imo, for him to attempt to enter the US......It will not endanger your K-1.

[geowrian 22,338]

13 hours ago, sumbunny said:

It's just weird because in my mind, going through the K1 process demonstrates a clear intent to immigrate via legal means, respectful of our laws. So it's bizarre to me that they would deny based on suspicion of him breaking those laws or putting that application in jeopardy kwim?

That is one side of it and I'm inclined to generally agree on a personal level (but not as to how it actually affects entry). The issue is sometimes people either get spooked with their case and worry about being denied for some reason, or they get anxious and don't want to be apart any longer. I don't mean to overstate how often it happens, but there's a considerable number of people who do decide to enter and then AOS even with a pending petition. We see it here on VJ fairly often.

[Cleo_C 48]

8 hours ago, geowrian said:

That is one side of it and I'm inclined to generally agree on a personal level (but not as to how it actually affects entry). The issue is sometimes people either get spooked with their case and worry about being denied for some reason, or they get anxious and don't want to be apart any longer. I don't mean to overstate how often it happens, but there's a considerable number of people who do decide to enter and then AOS even with a pending petition. We see it here on VJ fairly often.

Are they able to AOS with a K1 pending petition without leaving the US? 

[geowrian 22,338]

10 minutes ago, Cleo_C said:

Are they able to AOS with a K1 pending petition without leaving the US? 

If someone were to enter the US without intent to AOS but later decided to AOS, then it's not fraud. They can abandon the I-129F petition / K-1 visa and do AOS fine at that point (using an I-130 concurrently instead).

Edited February 15, 2018 by geowrian