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

[canadian_wife 1,823]

Yes that was me!  I was denied entry at the pre clearance in Toronto twice.  I later had extremely strong tires to Canada and was admitted.  We filed for the CR1 shortly after.  Please message me if you have any questions. 
 

Good luck.  

[KAP2019 187]

16 hours ago, mari04 said:

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. 

It's not theoretically possible with the wait times in Montreal. 

[Lucky2Lucky 2,526]

19 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? 

 

If you have been married for only one month and you even brought up the word divorce maybe you should focus on your relationship first before applying to immigrate and leave your entire life behind 🤷🏻‍♀️ Anyways your wife has to complete the initial part of the process so it would be great if she joined this website to get knowledgeable on the process as well as learn the financial requirements to sponsor an immigrant and what that entails.

[Bug&Bug 147]

20 hours ago, CanadaDude said:

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).

I was just about to ask this because with VWP OP would not be able to enter again waived once rejected but visa excempt is a different beast.

 

Would OP be likely to be admited if he has a NOA1 and proof of ties to Canada showing intent to immigrate legally? 

[Boiler 45,733]

Certainly once he can substantiate close ties to Canada might be worth having a go, successful well who knows.

[Kai G. Llewellyn 838]

2 hours ago, Bug&Bug said:

I was just about to ask this because with VWP OP would not be able to enter again waived once rejected but visa excempt is a different beast.

 

Would OP be likely to be admited if he has a NOA1 and proof of ties to Canada showing intent to immigrate legally? 

Depends on the mood of the CBP officer...there's no clear rule indicating one way or the other, but the circumstances OP would present at the border.

 

I would remain doubtful as CBP would still think there could be a risk of the OP entering and adjusting status rather than going through consular processing. The situation might be different once they had become documentarily qualified as the rational for doing AoS would go out the window at that point as doing so would severely delay OP getting their green card.

 

But yeah, it really does come down to the circumstances of the OP's situation, ties presented and also the statements OP makes to the CBP officer.

 

 

[dazedandconfused2 11]

On 3/4/2021 at 9:45 AM, Boiler said:

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,

Okay but my question is this. 

 

Say we go to meet up in Mexico or anywhere in South America.... there is no direct flights from Canada. Lay over in the US - I will not be allowed in. 

 

Okay let's meet up in Europe... American's not allowed in Europe right now.... you see my dilemma? I'm not saying that those are the only places we can meet up but then we start considering Asia.. and that's nearly a 15 hour flight. Most likely with lay overs in the US. Expensive flights, taking time off work we can't afford this etc. You guys are all so critical and saying well go see her, but it's really not that simple. 

 

And OP is another female.  FYI.

[dazedandconfused2 11]

On 3/4/2021 at 12:07 PM, mushroomspore said:

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

For one, Americans can't go into the US. Or Europe. 

 

And say I wanted to go to Mexico. Layovers in US? I'm assuming I can't take those flights right? 

[dazedandconfused2 11]

On 3/5/2021 at 11:53 AM, CanadaDude said:

Depends on the mood of the CBP officer...there's no clear rule indicating one way or the other, but the circumstances OP would present at the border.

 

I would remain doubtful as CBP would still think there could be a risk of the OP entering and adjusting status rather than going through consular processing. The situation might be different once they had become documentarily qualified as the rational for doing AoS would go out the window at that point as doing so would severely delay OP getting their green card.

 

But yeah, it really does come down to the circumstances of the OP's situation, ties presented and also the statements OP makes to the CBP officer.

 

 

We got lawyer who's filing I-130 next week. Do you know what would happen if I booked a flight to Mexico for us to meet up, and had a layover in the US? There's no directs out of Canada right now that I'm aware of. Would I be banned from flying through the US as well with this mark on my record? 

[dazedandconfused2 11]

On 3/4/2021 at 12:11 PM, Dashinka said:

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

Hi what do you mean by this? When does the two year count down begin? Our date of marriage or when? 

On 3/5/2021 at 9:46 AM, Boiler said:

Certainly once he can substantiate close ties to Canada might be worth having a go, successful well who knows.

FYI my lawyer advised me not to do this. OP is a female also. 

[dazedandconfused2 11]

 

On 3/5/2021 at 5:36 AM, KAP2019 said:

It's not theoretically possible with the wait times in Montreal. 

My lawyer says with Trump out of the way things will speed up, he estimates 6/8 months. Just FYI 

On 3/4/2021 at 11:24 AM, mushroomspore said:

Bet you the lawyer made that up to try to nab OP as a new client.

Ha ha funny. No the lawyer had a case last month where that happened. 

[dazedandconfused2 11]

On 3/4/2021 at 11:25 AM, 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).

Is the 10 year green card available if it takes two years from the DATE OF MARRIAGE to get the CR1? Because the I-130 is just a visa to get into the US, right? CR1 is where I'd get the green card, travel permit, etc... thanks in advance for clarifying.  

[aaron2020 11,651]

19 minutes ago, dazedandconfused2 said:

Okay but my question is this. 

 

Say we go to meet up in Mexico or anywhere in South America.... there is no direct flights from Canada. Lay over in the US - I will not be allowed in. 

 

Okay let's meet up in Europe... American's not allowed in Europe right now.... you see my dilemma? I'm not saying that those are the only places we can meet up but then we start considering Asia.. and that's nearly a 15 hour flight. Most likely with lay overs in the US. Expensive flights, taking time off work we can't afford this etc. You guys are all so critical and saying well go see her, but it's really not that simple. 

 

And OP is another female.  FYI.

You bring up all these complications and ignore the most obvious solution.  Your USC spouse can visit you in Canada.  Problem solved.  So, it really isn't that hard for the two of you to be together.  It is that simple.  

[Kai G. Llewellyn 838]

19 minutes ago, dazedandconfused2 said:

We got lawyer who's filing I-130 next week. Do you know what would happen if I booked a flight to Mexico for us to meet up, and had a layover in the US? There's no directs out of Canada right now that I'm aware of. Would I be banned from flying through the US as well with this mark on my record? 

As it stands any flight via the US will need you to clear Customs and Immigration in the US, or in pre-clearance. You can sure try, but I wouldn't anticipate much success right now. I agree with aaron2020, you're better off having your spouse visit you in Canada.

Hopefully, with the vaccinations gaining pace it'll be easier for your spouse to come visit Canada...sadly right now it's been made quite difficult.

 

If you want to avoid the mandatory hotel quarantine, have your spouse travel to an airport near the land border and cross with a car. They'll still need the 72-hour pre-arrival test, but it'd be a hell of a lot easier than flying in right now.

[aaron2020 11,651]

19 minutes ago, dazedandconfused2 said:

 

My lawyer says with Trump out of the way things will speed up, he estimates 6/8 months. Just FYI 

Ha ha funny. No the lawyer had a case last month where that happened. 

 

13 minutes ago, dazedandconfused2 said:

Is the 10 year green card available if it takes two years from the DATE OF MARRIAGE to get the CR1? Because the I-130 is just a visa to get into the US, right? CR1 is where I'd get the green card, travel permit, etc... thanks in advance for clarifying.  

You have a lawyer who can get you a spousal visa in 6/8 months, so you will get a 2 years conditional green card.

The I-130 is not a visa.  It's a petition that starts the process to get you an immigration visa.  Didn't your lawyer explain this to you?

Entering with an immigrant visa, you will get a green card that allows you to enter the US if you take trips abroad.  You will not get a travel permit.  You should discuss these things with your lawyer.  

Edited March 7, 2021 by aaron2020