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

[dazedandconfused2 11]

1 minute ago, CanadaDude said:

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.

So clearing customs even with an outbound flight will not grant me permission onward on my journey? So basically can't fly through any flights that have entry points in the US even with an outbound flight now that there is AOS on my record?

[dazedandconfused2 11]

2 minutes ago, aaron2020 said:

 

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.  

I was under the impression, i-130 is a visa to get me into the US, and then once I am there I am eligible to apply for the CR-1? Which when successful would grant me a two year green card, that allows me to live and work and travel in and out of the US? 

 

And in order to remove those conditions (e.g. get a 10 year), do I need to be married for two years or do I need to have the CR-1 for two years? 

 

Thanks in advance for the clarification 

[aaron2020 11,651]

3 minutes ago, dazedandconfused2 said:

So clearing customs even with an outbound flight will not grant me permission onward on my journey? So basically can't fly through any flights that have entry points in the US even with an outbound flight now that there is AOS on my record?

You can't enter the US.  Period.  Doesn't matter if you have an outbound flight.  

Why can't your spouse visit you in Canada?

[dazedandconfused2 11]

2 minutes ago, aaron2020 said:

You can't enter the US.  Period.  Doesn't matter if you have an outbound flight.  

Why can't your spouse visit you in Canada?

It's much more difficult for her because she's on a contract with work and would need to quit her position to get time off. But it's not impossible, have to wait on the contract to end. It's possible for her to enter Canada with proof. 

[aaron2020 11,651]

7 minutes ago, dazedandconfused2 said:

I was under the impression, i-130 is a visa to get me into the US, and then once I am there I am eligible to apply for the CR-1? Which when successful would grant me a two year green card, that allows me to live and work and travel in and out of the US? 

 

And in order to remove those conditions (e.g. get a 10 year), do I need to be married for two years or do I need to have the CR-1 for two years? 

 

Thanks in advance for the clarification 

You really need to talk to your lawyer.

An I-130 is not a visa.  It starts the immigration process.  There's more paperwork to file after the I-130 is approved.  You get the CR-1 spousal visa in Canada.  

These are basic questions that you should ask your lawyer.  
 

Edited March 7, 2021 by aaron2020

[aaron2020 11,651]

1 minute ago, dazedandconfused2 said:

It's much more difficult for her because she's on a contract with work and would need to quit her position to get time off. But it's not impossible, have to wait on the contract to end. It's possible for her to enter Canada with proof. 

If she has to quit to get time off to go to Canada, then wouldn't she have to quit to go to Mexico, Europe, or anywhere else?

[mushroomspore 3,044]

3 minutes ago, dazedandconfused2 said:

It's much more difficult for her because she's on a contract with work and would need to quit her position to get time off. But it's not impossible, have to wait on the contract to end. It's possible for her to enter Canada with proof. 

How is she going to meet you in Mexico or anywhere else then?

[dazedandconfused2 11]

1 minute ago, mushroomspore said:

How is she going to meet you in Mexico or anywhere else then?

We have to wait now. 

3 minutes ago, aaron2020 said:

If she has to quit to get time off to go to Canada, then wouldn't she have to quit to go to Mexico, Europe, or anywhere else?

No that's not the point. We would need to wait either way. But how is that helpful? 

[mushroomspore 3,044]

35 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. 

Trump has nothing to do with immigration-related wait times.

29 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.  

With the spousal visa, you get the 10 year card only if you enter the US with your visa after your 2 year marriage anniversary. But keep in mind your spousal visa is only valid for a few months (I believe six). Let's say you get the visa around your 1 year marriage anniversary. You cannot wait a whole year to enter with that visa to get the 10 year card. Your visa will be expired by then. So it is what it is. The only other way to ensure you get a 10 year GC is to file the papers next year or sometime after your 2-year marriage anniversary.

 

As explained, I-130 is NOT a visa. It is the form that US citizens file to formally and legally request permission from the US federal government to bring an alien relative into the US.

[dazedandconfused2 11]

5 minutes ago, mushroomspore said:

Trump has nothing to do with immigration-related wait times.

With the spousal visa, you get the 10 year card only if you enter the US with your visa after your 2 year marriage anniversary. But keep in mind your spousal visa is only valid for a few months (I believe six). Let's say you get the visa around your 1 year marriage anniversary. You cannot wait a whole year to enter with that visa to get the 10 year card. Your visa will be expired by then. So it is what it is. The only other way to ensure you get a 10 year GC is to file the papers next year or sometime after your 2-year marriage anniversary.

 

As explained, I-130 is NOT a visa. It is the form that US citizens file to formally and legally request permission from the US federal government to bring an alien relative into the US.

Thanks for clarification! With wait times according to Visa Journey (as per the link you attached) being about 611 days for processing time, seems as if we waited 6 months or so to file the I-130, there is a possibility we would be eligible for IR-1, right? 

Seems attractive if we hold out short term for longer term gain (e.i. less filing fees, less lawyer fees, documents we need to send in to remove conditional status etc., more time we can spend together afterwards without the risk of getting conditional approval denied - always a possibility) 

[dazedandconfused2 11]

Just now, dazedandconfused2 said:

Thanks for clarification! With wait times according to Visa Journey (as per the link you attached) being about 611 days for processing time, seems as if we waited 6 months or so to file the I-130, there is a possibility we would be eligible for IR-1, right? 

Seems attractive if we hold out short term for longer term gain (e.i. less filing fees, less lawyer fees, documents we need to send in to remove conditional status etc., more time we can spend together afterwards without the risk of getting conditional approval denied - always a possibility) 

Not sure if this is the correct thinking to have. Of course I would love to have seen her immediately after my flight but now we are trying to be strategic since she's on her contract till summer anyway. 

[mushroomspore 3,044]

2 minutes ago, dazedandconfused2 said:

Thanks for clarification! With wait times according to Visa Journey (as per the link you attached) being about 611 days for processing time, seems as if we waited 6 months or so to file the I-130, there is a possibility we would be eligible for IR-1, right? 

Seems attractive if we hold out short term for longer term gain (e.i. less filing fees, less lawyer fees, documents we need to send in to remove conditional status etc., more time we can spend together afterwards without the risk of getting conditional approval denied - always a possibility) 

Six months hold-off is probably the bare minimum. I'd say hold off until closer to your 1-year marriage anniversary if you really want the 10 year card. Removal of Conditions is super annoying. It's an extra $680 (possibly might be more by the time you theoretically would have to do it as fee increases are always possible) you can save by simply waiting several months right now before starting the CR1 visa process. It sucks that you won't really be able to see your spouse for a while but such is the life when you're in an international relationship.

[dazedandconfused2 11]

2 minutes ago, mushroomspore said:

Six months hold-off is probably the bare minimum. I'd say hold off until closer to your 1-year marriage anniversary if you really want the 10 year card. Removal of Conditions is super annoying. It's an extra $680 (possibly might be more by the time you theoretically would have to do it as fee increases are always possible) you can save by simply waiting several months right now before starting the CR1 visa process. It sucks that you won't really be able to see your spouse for a while but such is the life when you're in an international relationship.

It was absolutely devastating at the time and I was just so lost I had no idea, I was stuck in the Frankfurt airport crying my eyes out on this website lol. This website and the community helped a lot (not the snarky or rude comments, but everyone else! <3) 

 

We can see each other this summer but of course, not in the US. Canada for now. Maybe after the world opens up we can meet up in Europe or Mexico as long as the flight isn't through the US... lol. Really had no idea this would happen. But here we are - onwards and upwards. 

 

Is there any issue if we file in a year - such as the interviewer asking us why we didn't file immediately? Citing finances would be a real excuse seeing as how the conditional is an extra 680$ plus more for the lawyer etc. 

[Kai G. Llewellyn 838]

OP...the suspension of Canadian flights to Mexico (and other 'sun' destinations) should be over in April/May, so you may be able to fly direct to Mexico then.

 

And yeah, you can't just stay airside with layovers in the US, anyone touching US Soil must clear immigration. And they still will consider overstay risk as there's not much preventing you leaving the airport and not taking your onward flight.

Edited March 7, 2021 by CanadaDude

[dazedandconfused2 11]

7 minutes ago, CanadaDude said:

OP...the suspension of Canadian flights to Mexico (and other 'sun' destinations) should be over in April/May, so you may be able to fly direct to Mexico then.

 

And yeah, you can't just stay airside with layovers in the US, anyone touching US Soil must clear immigration. And they still will consider overstay risk as there's not much preventing you leaving the airport and not taking your onward flight.

I figured as such. Thank you so much for clarifying! Absolutely mad to think about how I lost a privilege I once took for granted being Canadian because of my potential immigration to the US. 

 

And okay, great news. There are some flights with layovers in Canada but only to specific destinations in MX.