Married to US Citizen, left to visit Canada but now denied re-entry to the US by CBP officer -- Help!

[dazedandconfused2 11]

I recently got married to an American, I am Canadian. Canadians don't need visas and can visit the US for a period of 6 months per year. I am at 108 days so far on my last trip. 

I am eventually planning to adjust my status either with my spouse coming to Canada or me moving to the US. 

 

But for now, I was staying with her in the US.

 

I did a dumb thing recently, and left the country for a quick trip with the intention of coming back to the US (I left all my stuff there also). When I tried to return they asked me if I am married to a US citizen (I don't know why as the marriage was a month ago). I was honest and said yes. 

 

The flight attendant told me to wait while he gets a custom officer. The customs officer asked me if I had considered moving to the US and getting my paper work done for my marriage based green card. I did not understand the law and said yes, not realizing what I was admitting to. What I had meant to say was we were considering it in the future but for now I have too much keeping me in Canada (we will reassess in Summer). 

 

The officer said he cannot let me into the country because I had just admitted to him that I was planning to adjust my status, and told me I need to go back to Canada and can only apply for a visa to see my spouse from here on out, or apply for the green card process. We have not sent any paper work in regarding this, just done preliminary research. I just did not realize what he was asking me at the time. 

 

I need to go back to the US to visit my spouse, collect my belongings (I basically brought my entire life, and left it there, like my house keys to my place in Canada, for example), etc. 

 

Can someone please give me advice on how I get back? Is it on record now that I want to adjust my status? Because this is not the reality. I am so lost. 

[Timona 4,207]

Tell you wife to file CR-1 for you. 

[dazedandconfused2 11]

Hello, thank you for your reply. 

I am wondering I can try to go back to the US without a visa since I am Canadian and typically we don't need visas 

 

[Boiler 45,449]

Well the urgent stuff will be down to your spouse, presumably there is no reason why they can not visit Canada? There will be quarantine requirements but presume you are aware of those.

 

You can not enter as a tourist to adjust your status, that is immigration fraud and why you were refused entry. Visiting as a tourist in the near future seems unlikely.

 

Basically you now need to determine what you want to do, who will be the one moving,

[Timona 4,207]

Well, if your information as noted down, you will be flagged anywhere, regardless of if you're attempting land or another air. 

Honestly, I think CR-1 is the only option left for you. I will let others chime in.

[dazedandconfused2 11]

Is my passport flagged now? So the US is basically saying I cannot see my spouse even for a month without adjusting my status? 

[Unlockable 7,314]

Just now, dazedandconfused2 said:

Hello, thank you for your reply. 

I am wondering I can try to go back to the US without a visa since I am Canadian and typically we don't need visas 

 

No you can't. That ship has sailed. Look at it this way... you were just deemed to much of a risk to come the first time, why would they risk you coming just to get your stuff? This happens a lot more than people think. People from no visa needed countries like Canada and Australia do not fully understand the delicacy of spending a lot of time inside and having a lot of ties to the US. Some of the things you posted make sense of why they denied you entrance.

For example... 

Quote

 (I basically brought my entire life, and left it there, like my house keys to my place in Canada, for example)

This sounds like you were basically setting a life in the US. I'm just looking at it from the viewpoint of an immigration person.

 

You are free to apply for a B2 visa. But it will not be instant nor will it be a guarantee. Sorry you had to go through this. I have seen so many stories like this. 

[Unlockable 7,314]

2 minutes ago, dazedandconfused2 said:

Is my passport flagged now? So the US is basically saying I cannot see my spouse even for a month without adjusting my status? 

No that is not what they are saying. What they are saying is you lost your privilege of coming to the US without a visa. Now you will have to apply for a B visa to come and see your spouse. But just being married to a US citizen does not give rights to enter the US without authorization.

[dazedandconfused2 11]

If I don't get approved for a B2 visa, which seems unlikely at this point because they know I have a spouse, my only other option is CR1 visa? 

 

Is there any estimates on the time line with covid? I can't believe I'm locked out of seeing my partner and the US now. 

[Boiler 45,449]

7 minutes ago, dazedandconfused2 said:

Is my passport flagged now? So the US is basically saying I cannot see my spouse even for a month without adjusting my status? 

They are saying you can not visit the US, you could try again but you are in the system, why should they change their mind?

 

Your spouse can presumably visit you.

 

 

[Lucky2Lucky 2,526]

5 minutes ago, dazedandconfused2 said:

Is my passport flagged now? So the US is basically saying I cannot see my spouse even for a month without adjusting my status? 

You sound a bit confused. If you had been visiting the US you wouldn’t of had all your possessions in the US. So I understand why you were flagged. Unfortunately it sounds like you lost your privilege and will have to apply for a B2 to visit the US. Surely your wife can mail you your keys or fly to you. If your plan was to live in the United States you should have filed for adjustment of status however that option is now gone. Your wife can file a CR1 visa for you if your ultimate goal is to move and live in the unitedStates. Not many people can afford to take over 100 days off from work see a so I can also see this as another reason Why they thought you were planning to adjust status in addition to all your possessions being in the USA.

[dazedandconfused2 11]

I am working online, and only brought my key possessions because I planned to rent my place out short term while I was away. I still have ties to Canada 

 

[Boiler 45,449]

Just now, dazedandconfused2 said:

If I don't get approved for a B2 visa, which seems unlikely at this point because they know I have a spouse, my only other option is CR1 visa? 

 

Is there any estimates on the time line with covid? I can't believe I'm locked out of seeing my partner and the US now. 

2 years? Difficult to tell, used to be 15 months but Covid has thrown a spanner in the works.

 

Now if your spouse moves to Canada no doubt very different process.

[Lucky2Lucky 2,526]

4 minutes ago, dazedandconfused2 said:

I am working online, and only brought my key possessions because I planned to rent my place out short term while I was away. I still have ties to Canada 

 

Having a wife from the US in and a job where you can work from home shows very little ties to Canada unfortunately. Like you stated you were able to rent your place while you were in the US – little ties to Canada. Additionally you were not allowed to work in the US without having  a working permit. I know this is not what you wanna hear but you were right in being denied. Either apply for a B2 visa or CR1. Good luck.

 

edited -talk to text was incorrect 

Edited March 4, 2021 by Luckycuds

[dazedandconfused2 11]

It seems to me that I was denied on the basis that I told him I was considering AOS, which is illegal. 

 

Is it for certain I am in the system now? What happens if I try visiting by air in a month?