IR-1/CR-1 Montreal DQ'd private message group goes public part 3

[Shumai84 157]

42 minutes ago, Riversong said:

The didn't just catch up with K1s they surpassed us by 2 months DQs going by the date that was shared. 

NVC sent K1 cases with DQ dates from June to early Dec to the Montreal Consulate on May 28th, but it doesn't mean that ILs have been already issued for those cases. I think the process for K1 is actually different, and by looking at K1 tracker, it appears it took the consulate from 2 weeks to more than a month to actually issue ILs after receiving K1 cases from NVC. 

 

This means those K1 cases sent to the consulate on May 28th could receive ILs this month for July interviews or might have to wait till next month to receive ILs for Aug interviews. There are so many irregularities, so it's hard to tell.

[JacobP 185]

1 hour ago, Shumai84 said:

NVC sent K1 cases with DQ dates from June to early Dec to the Montreal Consulate on May 28th, but it doesn't mean that ILs have been already issued for those cases. I think the process for K1 is actually different, and by looking at K1 tracker, it appears it took the consulate from 2 weeks to more than a month to actually issue ILs after receiving K1 cases from NVC. 

 

This means those K1 cases sent to the consulate on May 28th could receive ILs this month for July interviews or might have to wait till next month to receive ILs for Aug interviews. There are so many irregularities, so it's hard to tell.

K1s don't have a DQ date because there's no concept of "documentarily qualified" with K1s, most documents are submitted at the interview instead of the NVC. The NVC essentially just forwards the paperwork from the USCIS to the respective consulate.

[From_CAN_2_US 1,106]

This news reports states border restrictions could ease as early as June 22. 🤞 

 

https://news.trust.org/item/20210608014958-mwxv0

[G_K 61]

Ok, let's say the border open the 22nd and we have still no IL. Could I cross the border with a moving truck, saying I bring these to my wife, and have a flexible flight ticket back to Montreal (that I would use once IL received) ?

[Mikeeastern 81]

Just now, G_K said:

Ok, let's say the border open the 22nd and we have still no IL. Could I cross the border with a moving truck, saying I bring these to my wife, and have a flexible flight ticket back to Montreal (that I would use once IL received) ?

I would say probably not. Unfortunately. 

[irisheyes123 66]

10 minutes ago, G_K said:

Ok, let's say the border open the 22nd and we have still no IL. Could I cross the border with a moving truck, saying I bring these to my wife, and have a flexible flight ticket back to Montreal (that I would use once IL received) ?

I'm going to do something similar. Don't imply that your ticket is flexible. State that you have a firm return date and show a bunch of Canadian ties. I've gone down to visit a bunch, but always had proof of employment, accommodation, return flight etc. One time I flew down with no return flight and they let me in! The U-Haul could make things tricky because it's a little more suspicious. But it all depends on who you get on the day

[NimF 119]

25 minutes ago, G_K said:

Ok, let's say the border open the 22nd and we have still no IL. Could I cross the border with a moving truck, saying I bring these to my wife, and have a flexible flight ticket back to Montreal (that I would use once IL received) ?

If you’re bringing a uhaul in it needs a clear receiver. It can’t be you as you’re not intending to immigrate during that entry. If it’s your spouse you’ll need to be customs bonded otherwise your spouse will need to be there in order to release it. If your spouse/you are not immigrating you might not get the benefits of not paying taxes on your personal belongings. Borders are as much about preventing illegal goods coming in as illegal people. You’re in potentially for a risky crossing and a denial of entry will complicate your case. OR nothing will happen and they’ll let you cross  

just wanted to point out that it’s a fair amount of risk when you add a uhaul full of personal belongings to your trip.

Edited June 8, 2021 by NimF

[DGF 730]

25 minutes ago, G_K said:

Ok, let's say the border open the 22nd and we have still no IL. Could I cross the border with a moving truck, saying I bring these to my wife, and have a flexible flight ticket back to Montreal (that I would use once IL received) ?

This is a really good way to get a ban instead of just being denied entry. I wouldn't risk it. 

[Kai G. Llewellyn 837]

49 minutes ago, G_K said:

Ok, let's say the border open the 22nd and we have still no IL. Could I cross the border with a moving truck, saying I bring these to my wife, and have a flexible flight ticket back to Montreal (that I would use once IL received) ?

Bad bad idea, it'll look like you're trying to bypass the consular process.

Your trip is supposed to be temporary as a visitor and your actions and what you are bringing need to be indicative of that.

 

The absolute last, last thing you want to get is a ban and then have to spend months applying for a wavier which ultimately might not get approved and kill off your chances of immigrating for at least 5 years. Not worth the risk imo.

 

Hell, I'm nervous going down just for a weekend, I haven't tried to enter the US since my I-130 was submitted by my husband.

 

Naturally, I cross using the visa wavier program as I'm not Canadian so I'm gonna be waaaay more cautious than most!

Edited June 8, 2021 by Kai (CanadaDude)

[G_K 61]

31 minutes ago, Kai (CanadaDude) said:

Bad bad idea, it'll look like you're trying to bypass the consular process.

Your trip is supposed to be temporary as a visitor and your actions and what you are bringing need to be indicative of that.

 

The absolute last, last thing you want to get is a ban and then have to spend months applying for a wavier which ultimately might not get approved and kill off your chances of immigrating for at least 5 years. Not worth the risk imo.

 

Hell, I'm nervous going down just for a weekend, I haven't tried to enter the US since my I-130 was submitted by my husband.

 

Naturally, I cross using the visa wavier program as I'm not Canadian so I'm gonna be waaaay more cautious than most!

Ok got it ! That was a stupid idea. You can't even go for a weekend (flights in and out, booked in advanced) now we are DQ?

[From_CAN_2_US 1,106]

7 minutes ago, G_K said:

Ok got it ! That was a stupid idea. You can't even go for a weekend (flights in and out, booked in advanced) now we are DQ?

You technically can. It's always up to the CBP's discretion though. If they don't believe that you are going to return they can deny you entry and may even (probably not, but possible) issue you a 5 year ban.

 

Like others have said, if you have a return ticket and ties to Canada such as a job (ideally not something that allows you to work completely remotely), property or a lease, dependents in Canada etc, you are probably going to be OK. Carry proof of letters from employer, lease etc. Having a lot of luggage is definitely a huge red flag and strong possibility of denial of entry.

 

Without the luggage, with return tickets and proof of ties, you are likely OK, but it is never 100% sure. With a September DQ,  you are most probably only looking at a 3 month wait max, more likely less, and if I were in your place, I wouldn't risk it.

 

I am May 2021 and my husband won't hear of me trying to cross the border. Says it's not worth the risk... I have been advised the same by an immigration lawyer as well.

[Kai G. Llewellyn 837]

41 minutes ago, G_K said:

Ok got it ! That was a stupid idea. You can't even go for a weekend (flights in and out, booked in advanced) now we are DQ?

Some people seem to have the idea that now you're DQ'ed you're more likely to be a risk of immigrant intent, but I honestly counter that it doesn't make much logical sense. CBP make assessments regarding entry based on risk and circumstance. So as we know they're on the lookout for people who might be looking to enter in order to illegally adjust status. But let's think about the rationale as to why someone would do that, pretty much without exception it is to avoid waiting out the I-130/Visa in your home country and 'skip the line'.

 

But as you get closer to your eventual visa interview, illegally adjusting status becomes a far less attractive option. Think about it, we might be interviewed in a month or two and be done with the process. While if we were to do AoS and throw out consular processing, that would easily add an extra year minimum onto this agonizing process (and we wouldn't be able to leave the US either), who in the heck would actually want to do that?

 

So I would argue that the risk of someone staying is far higher while they are at the start of this process than people who are as close to the interview as we are because illegally adjusting becomes an irrational proposition in any perceivable case. I don't think for a minute that CBP hasn't considered this. I would say that the greatest risk in CBP's eyes is someone who's had an I-130 petition but hasn't hit NVC yet.

 

Anyways, if we get an interview date this month, having flights and hotel reservation out to Montreal is a pretty damn strong indicator that we aren't gonna abandon consular processing.

 

I'll also say if you want to avoid the risk of an Expedited Removal (which carries the 5 year ban) airport preclearance is the way to go as CBP cannot use that process on Canadian Soil, they can only deny boarding. As always, carrying strong documentary ties to Canada will minimize, but not eliminate, the risk here.

Edited June 8, 2021 by Kai (CanadaDude)

[G_K 61]

25 minutes ago, From_CAN_2_US said:

You technically can. It's always up to the CBP's discretion though. If they don't believe that you are going to return they can deny you entry and may even (probably not, but possible) issue you a 5 year ban.

 

Like others have said, if you have a return ticket and ties to Canada such as a job (ideally not something that allows you to work completely remotely), property or a lease, dependents in Canada etc, you are probably going to be OK. Carry proof of letters from employer, lease etc. Having a lot of luggage is definitely a huge red flag and strong possibility of denial of entry.

 

Without the luggage, with return tickets and proof of ties, you are likely OK, but it is never 100% sure. With a September DQ,  you are most probably only looking at a 3 month wait max, more likely less, and if I were in your place, I wouldn't risk it.

 

I am May 2021 and my husband won't hear of me trying to cross the border. Says it's not worth the risk... I have been advised the same by an immigration lawyer as well.

Ok, thank you ! I will follow the advises, I dont want to make worse a situation that is already bad. 

[G_K 61]

4 minutes ago, Kai (CanadaDude) said:

Some people seem to have the idea that now you're DQ'ed you're more likely to be a risk of immigrant intent, but I honestly counter that it doesn't make much logical sense. CBP make assessments regarding entry based on risk and circumstance. So as we know they're on the lookout for people who might be looking to enter in order to illegally adjust status. But let's think about the rationale as to why someone would do that, pretty much without exception it is to avoid waiting out the I-130/Visa in your home country and 'skip the line'.

 

But as you get closer to your eventual visa interview, illegally adjusting status becomes a far less attractive option. Think about it, we might be interviewed in a month or two and be done with the process. While if we were to do AoS and throw out consular processing, that would easily add an extra year minimum onto this agonizing process (and we wouldn't be able to leave the US either), who in the heck would actually want to do that?

 

So I would argue that the risk of someone staying is far higher while they are at the start of this process than people who are as close to the interview as we are because illegally adjusting becomes an irrational proposition in any perceivable case. I don't think for a minute that CBP hasn't considered this. I would say that the greatest risk in CBP's eyes is someone who's had an I-130 petition but hasn't hit NVC yet.

 

Anyways, if we get an interview date this month, having flights and hotel reservation out to Montreal is a pretty damn strong indicator that we aren't gonna abandon consular processing.

 

I'll also say if you want to avoid the risk of an Expedited Removal (which carries the 5 year ban) airport preclearance is the way to go as CBP cannot use that process on Canadian Soil, they can only deny boarding. As always, carrying strong documentary ties to Canada will minimize, but not eliminate, the risk here.

But that's the thing, I'm not Canadian, my work is temporary until I get transfered to the US and my rent is a month-to-month. If I try to cross, even flying, an CBP agent in a bad day could legitimately see no-weak ties to Canada. I have to wait 😞

[From_CAN_2_US 1,106]

12 minutes ago, Kai (CanadaDude) said:

Some people seem to have the idea that now you're DQ'ed you're more likely to be a risk of immigrant intent, but I honestly counter that it doesn't make much logical sense. CBP make assessments regarding entry based on risk and circumstance. So as we know they're on the lookout for people who might be looking to enter in order to illegally adjust status. But let's think about the rationale as to why someone would do that, pretty much without exception it is to avoid waiting out the I-130/Visa in your home country and 'skip the line'.

 

But as you get closer to your eventual visa interview, illegally adjusting status becomes a far less attractive option. Think about it, we might be interviewed in a month or two and be done with the process. While if we were to do AoS and throw out consular processing, that would easily add an extra year minimum onto this agonizing process (and we wouldn't be able to leave the US either), who in the heck would actually want to do that?

 

So I would argue that the risk of someone staying is far higher while they are at the start of this process than people who are as close to the interview as we are because illegally adjusting becomes an irrational proposition in any perceivable case. I don't think for a minute that CBP hasn't considered this. I would say that the greatest risk in CBP's eyes is someone who's had an I-130 petition but hasn't hit NVC yet.

 

Anyways, if we get an interview date this month, having flights and hotel reservation out to Montreal is a pretty damn strong indicator that we aren't gonna abandon consular processing.

 

I'll also say if you want to avoid the risk of an Expedited Removal (which carries the 5 year ban) airport preclearance is the way to go as CBP cannot use that process on Canadian Soil, they can only deny boarding. As always, carrying strong documentary ties to Canada will minimize, but not eliminate, the risk here.

Frankly I don't think CBP knows the minutia about the application. They would only know that an immigrant visa is in process for a person with so and so passport number. DQ or not yet DQ is not relevant.

Edited June 8, 2021 by From_CAN_2_US