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

[mushroomspore 3,044]

5 minutes ago, dazedandconfused2 said:

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? 

As answered multiple times, yes, you are in the system. Immigration records are forever. Any and every strike is recorded. Attempting to enter without the proper visa will result in WORSE repercussions for you as you now already have one major strike. After what has happened, why would you even think that trying to just go again without the proper research and visa is a good idea?

[Unlockable 7,314]

5 minutes ago, dazedandconfused2 said:

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? 

You will be denied entry. With that said, nothing is 100% guaranteed. But I certainly would not risk it. Trying to reenter after being previously denied will only add another mark to your record.

 

It does not take much to put something in a database. Passports can be scanned at Kiosks now. The information can be saved instantly.

 

[aaron2020 11,651]

18 minutes ago, dazedandconfused2 said:

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? 

Yes, it's certain you're in the system.  

If you try to visit in a month, you will be forced to buy a return ticket home and you will listed as a repeat offender trying to enter the US and it will make it worse for you.  You will likely be deported with a 5 years ban.  This means you would be denied a spousal visa after waiting 12-18 months and you would need a waiver for your deportation - yeah, so making your situation way worse.  You might not get the waiver.  DON'T EVEN TRY THIS.

 

You have to look at this from CBP's point of view.  You spent over a 100 days living and working in the US without proper authorization.  Essentially, you were an illegal immigrant.  You have been flagged as such.  Trying to enter again without a visa would be a BIG MISTAKE because you will be deported with a 5 years ban.

 

Your chances of a B-2 visitor visa are zero.

 

Either your wife files for a spousal visa which will take 12-18 months or she moves to Canada.  She can visit you.  Your days of visiting her are over.  

Edited March 4, 2021 by aaron2020

[Dashinka 24,481]

13 minutes ago, dazedandconfused2 said:

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? 

Personally I would not as it sounds like you were able to withdraw your application to enter the US based on your answers.  If you try again, it could lead to expedited removal which could come with an entry ban and create more of a headache if you eventually go with a CR1. 

[Boiler 45,449]

Well Canadians get inspected at Canadian airports so not sure if anything other that a refusal is a possibility?

 

It is possible on a second attempt to be allowed in, seems somewhat unlikely given the circumstances.

[SalishSea 17,804]

59 minutes ago, 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. 

The wait times are what they are.  Join the queue.  Just about everyone here has had to wait to be with their fiance/spouse.

 

Did you really do no investigation whatsoever into US immigration when you married an American?

[SalishSea 17,804]

1 hour ago, dazedandconfused2 said:

I am working online

Without a work permit, this is in violation of the terms under which you were admitted.

[dazedandconfused2 11]

Follow up question here, if we choose to move to the US together.. 

I need to file for a CR1 visa or a petition, like I-130. These take anywhere from 3 months to 2 years right? 

 

Then after I would be applying for my green card within the US which is another 10 month + process to get an interview etc? 

12 minutes ago, Jorgedig said:

Without a work permit, this is in violation of the terms under which you were admitted.

I worked for a Canadian company. 

[dazedandconfused2 11]

15 minutes ago, Jorgedig said:

The wait times are what they are.  Join the queue.  Just about everyone here has had to wait to be with their fiance/spouse.

 

Did you really do no investigation whatsoever into US immigration when you married an American?

Yes I had no idea. We just fell in love man. 

[mushroomspore 3,044]

3 minutes ago, dazedandconfused2 said:

Follow up question here, if we choose to move to the US together.. 

I need to file for a CR1 visa or a petition, like I-130. These take anywhere from 3 months to 2 years right? 

 

Then after I would be applying for my green card within the US which is another 10 month + process to get an interview etc? 

Not sure where you got the three months stat from. Expect CR1 to take 1-2 years. You will need to get married in Canada or a different country first (not the US since you cannot enter there anymore as a visitor). You also won't be able to visit the US while CR1 is pending (normally, people can but your circumstances will no longer allow that for you specifically). You will have an interview in Montreal. Upon approval, they will place the CR1 visa in your passport. You use the CR1 visa to enter the USA as an immigrant and then you will receive your green card after entry. Read this with your spouse: 

 

Edited March 4, 2021 by mushroomspore

[dazedandconfused2 11]

30 minutes ago, Boiler said:

Well Canadians get inspected at Canadian airports so not sure if anything other that a refusal is a possibility?

 

It is possible on a second attempt to be allowed in, seems somewhat unlikely given the circumstances.

This is what I was thinking. But it seems risky. 

I was thinking that attempting to enter would just involve going to the airport with a plane ticket, seeing what they would say. Because we did nothing illegal. We are not adjusting status currently. Anyways, seems like it might cause issues. 

[dazedandconfused2 11]

1 minute ago, mushroomspore said:

Not sure where you got the three months stat from. Expect CR1 to take 1-2 years. You will need to get married in Canada or a different country first (not the US since you cannot enter there anymore as a visitor). You also won't be able to visit the US while CR1 is pending (normally, people can but your circumstances will no longer allow that for you specifically). You will have an interview in Montreal. Upon approval, they will place the CR1 visa in your passport. You use the CR1 visa to enter the USA as an immigrant and then you will receive your green card after entry. Read this with your spouse: 

 

An immigration lawyer I just spoke to said he has a case last month where his client got in on a I-130 petition in 3 months. Seems like a one off 

[aaron2020 11,651]

4 minutes ago, dazedandconfused2 said:

Follow up question here, if we choose to move to the US together.. 

I need to file for a CR1 visa or a petition, like I-130. These take anywhere from 3 months to 2 years right? 

 

Then after I would be applying for my green card within the US which is another 10 month + process to get an interview etc? 

I worked for a Canadian company. 

Follow the Guides on VJ.

 

Your wife files an I-130 to start the immigration process.  As stated earlier, it's 12-18 months for you to get an immigration visa.  Upon entry into the US with your immigration visa, you automatically get a green card.  It's not 3 months, absolutely no way.   You do not apply for a green card within the US.

 

It doesn't matter that you worked for a Canadian company.  Your visa free entry into the US does not authorize you to work from inside the US. 

[mushroomspore 3,044]

5 minutes ago, dazedandconfused2 said:

An immigration lawyer I just spoke to said he has a case last month where his client got in on a I-130 petition in 3 months. Seems like a one off 

Definitely an outlier, not the norm at all. Read the guide with your spouse. You technically did not "do" anything illegal but you accidentally admitted to planning something illegal (saying you were going to AOS before entering the country). That is all CBP needs to deny entry. As explained multiple times now, any attempt after this to enter the USA must be done EXACTLY right or else you risk deportation, a ban and a federal criminal record. Do not play games with the feds.

 

Edit: the remote work was/is illegal though. So yes, you did do something illegal.

Edited March 4, 2021 by mushroomspore

[SalishSea 17,804]

8 minutes ago, dazedandconfused2 said:

I worked for a Canadian company. 

Does not matter.  You still need work authorization to work while in the United States, even remotely.