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

[mushroomspore 3,044]

17 minutes ago, dazedandconfused2 said:

Okay, so I just got married and can't see my spouse for almost two years maybe. Depending on the visa's etc. 

 

What if she decides to divorce me during this process? 

Do you guys recommend CR1 or I-130? And were you filing as individuals or with a lawyer? 

 

She can visit you. And I-130 is the start of CR1. Read the guide already. It provides all the necessary info.

[Dashinka 24,481]

45 minutes ago, mushroomspore said:

Evidence of time together is proof. They also understand that newly wed couples may not have a lot of evidence. Ask your wife to add your name to insurance policies and to her bank account if she can. 

 

You get the 2-year green card if you are approved BEFORE your 2-year wedding anniversary. If this happens, then yes you will need to apply for the 10-year green card (process is called Removal of Conditions).

Actually, this is based on the entry date with the valid IV, not the date of the visa approval.

[Kai G. Llewellyn 832]

So some have mentioned that the OP lost their ability to request admission as a visitor without a visa. This is not correct. Canadians are never required to be in possession of a B visa to request admission. They can apply for a B visa to help facilitate admission, but this is not required. This differs to nationals of VWP countries who if denied admission will require a B visa for all future visits. The key difference is that Canadian citizens are visa exempt, VWP countries can apply for a wavier of the usual visa requirement via ESTA or the via filling in the I-94W at the land border.

 

OP will need to await a change of circumstances before requesting admission again. That is either by having a IR-1/CR-1 visa, a dual-intent non-immigrant visa, other immigrant visa, the American spouse gaining Canadian PR or divorce. Requesting admission at the land border would be ill-advised at this point as it could trigger expedited removal which will result in a 5 year bar from requesting admission or applying for a visa. Had OP not admitted to immigrant intent at the border, they may have been denied admission, but would have a smaller burden to overcome when applying for admission in the future (i.e. only requiring stronger ties to Canada).

Edited March 4, 2021 by CanadaDude

[mari04 100]

Processing times change all the time. I filed for my wife in March 2019 (K1 though), it took < 2months for USCIS approval and exactly 4 months from mailing the documents to the USCIS to K1 visa in hand. It all depends on the timing when you file. It always goes up and down. Always. 3 months is theoretically possible, if you get your I130 approved within 2 months period and NVS takes a month (which also not uncommon), and you schedule interview promptly. I would not count on three months though. 

[Kai G. Llewellyn 832]

2 minutes ago, mari04 said:

Processing times change all the time. I filed for my wife in March 2019 (K1 though), it took < 2months for USCIS approval and exactly 4 months from mailing the documents to the USCIS to K1 visa in hand. It all depends on the timing when you file. It always goes up and down. Always. 3 months is theoretically possible, if you get your I130 approved within 2 months period and NVS takes a month (which also not uncommon), and you schedule interview promptly. I would not count on three months though. 

I'm a Canadian resident in the CR-1 process. We applied for the I-130 in April 2020, and have I-130 approval in August after a USCIS expedite. We're currently awaiting an interview at MTL, which looks to be around May at this point. Take that as you will.

[Boiler 45,449]

7 minutes ago, CanadaDude said:

I'm a Canadian resident in the CR-1 process. We applied for the I-130 in April 2020, and have I-130 approval in August after a USCIS expedite. We're currently awaiting an interview at MTL, which looks to be around May at this point. Take that as you will.

So maybe 13 months

 

Expedited.

[Chocobo 196]

Let me preface this with - I do NOT recommend OP attempt to readmittance without remedying some of the issues he already outlined (such as illegally working within the US.)

 

@CanadaDude - if CBP allowed OP to withdraw his application to enter, there wouldn't necessarily be a bar to his re-entry, right?  CBP would have issued him something to state how to remedy to re-enter?  (I can't recall what form number this would be.)  

[ineedadisplayname 496]

4 hours ago, dazedandconfused2 said:

considering it in the future but for now I have too much keeping me in Canada (we will reassess in Summer). 

I think they flagged you because of your extensive stay. 108 days in the US is not a solid tie to Canada and they assumed that you are living here which is true more or less. When I was visiting I could have stayed 6 months too, but never did more than 2 weeks since I had to work too.

[Cathi 5,746]

3 hours 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. 

It doesn't matter if you work for a Canadian company. You worked in the U.S while here as a visitor, that's illegal. Period.

[PeachesMagee 62]

4 hours 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.

When flying to the US, from a Canadian airport, the moment you go through the pre-screen, you're considered on US soil. CBP Officers can, and have, denied entry to anyone trying to enter the US illegally.

At the US Port of Entry, in the airport, it's as if you teleported to the US side of the border. Refusal, bans, arrests...they can all happen at the airport.
 

I wouldn't risk trying to enter though the airport, or through the land crossing.

 

Filing the CR-1 application is the best way to do it. Have your spouse visit you in Canada, and do things the legal way.

 

Good luck!!

Edited March 4, 2021 by PeachesMagee

[Kai G. Llewellyn 832]

3 hours ago, Chocobo said:

Let me preface this with - I do NOT recommend OP attempt to readmittance without remedying some of the issues he already outlined (such as illegally working within the US.)

 

@CanadaDude - if CBP allowed OP to withdraw his application to enter, there wouldn't necessarily be a bar to his re-entry, right?  CBP would have issued him something to state how to remedy to re-enter?  (I can't recall what form number this would be.)  

It sounds like the OP was denied entry at the airport preclearance which is its own process. Applying for entry is the safest at the airport preclearance as they can't use the Expedited Removal process there, so they can basically say no and the OP leaves the terminal.

 

On a Land PoE it's different as OP would be on US Soil therefore the removal process can be used. CBP *can* offer the OP an opportunity to withdraw their application for admission, but they most certainly don't have to. There have been numerous reports, especially those PoEs under the Seattle Field Office where CBP has been trigger happy with the expedited removal process instead of offering withdrawal.

 

If the OP has the ER process used against them, then and only then can they apply for a I-192 wavier, which is Advance Permission to Enter as a non-immigrant. But this is only for cases of inadmissible people..OP is not currently inadmissible just very unlikely to be granted admission as a non-immigrant at this time.

Edited March 4, 2021 by CanadaDude

[Kai G. Llewellyn 832]

1 hour ago, PeachesMagee said:

When flying to the US, from a Canadian airport, the moment you go through the pre-screen, you're considered on US soil. CBP Officers can, and have, denied entry to anyone trying to enter the US illegally.

At the US Port of Entry, in the airport, it's as if you teleported to the US side of the border. Refusal, bans, arrests...they can all happen at the airport.
 

I wouldn't risk trying to enter though the airport, or through the land crossing.

 

Filing the CR-1 application is the best way to do it. Have your spouse visit you in Canada, and do things the legal way.

 

Good luck!!

This is incorrect. Preclearance is not US Soil and Canadian law and the Charter continues to apply. CBP cannot use the removal process here and only refuse entry and therefore there should not be any risk of a bar unless some form of inadmissibility is discovered by CBP.

 

Traditionally CBP officers could not carry sidearms, nor arrest people, however Canada enacted new preclearance legislation that does grant CBP additional powers. However, any violation that would result in arrest, would be for violating Canadian and not US law.

[PeachesMagee 62]

12 minutes ago, CanadaDude said:

This is incorrect. Preclearance is not US Soil and Canadian law and the Charter continues to apply. CBP cannot use the removal process here and only refuse entry and therefore there should not be any risk of a bar unless some form of inadmissibility is discovered by CBP.

 

Traditionally CBP officers could not carry sidearms, nor arrest people, however Canada enacted new preclearance legislation that does grant CBP additional powers. However, any violation that would result in arrest, would be for violating Canadian and not US law.

I sit corrected. The CBP Office may not arrest, but can perform duties related to immigration.

Thank you for clearing that up.

[TBoneTX 45,259]

An unnecessarily assaultive post has been removed.

[Lemonslice 4,831]

10 hours ago, dazedandconfused2 said:

Okay, so I just got married and can't see my spouse for almost two years maybe. Depending on the visa's etc. 

 

What if she decides to divorce me during this process? 

Do you guys recommend CR1 or I-130? And were you filing as individuals or with a lawyer? 

 

Before doing anything else, the first step would be to discuss with your spouse where you'd want to live together; jobs perspective, cost of living, preferences, etc. 

 

Once you have made a decision, then you can start planning. The process is different to live in Canada, in the USA, or elsewhere.

 

I'm a bit confused about where the interaction with the border agent happened - where you already on the plane with the flight attendant? Or did it happen at the preclearance?

 

Depending on the exact circumstances, you might be able to visit again, but you'll need heavier ties to Canada.  If I'm not mistaken @canadianwife (? Not sure), was denied entry after filing for CR1, and was later allowed in. Searching the forum should bring a few similar stories from Canadians over the years.

 

 

 

Edited March 5, 2021 by Lemonslice