IR1 Visa Denied at POE

[1800X 16]

I guess my wife and I screwed up. Long story short we have been married for 11.5 years and I attempted to go to Canada first but time and life goes by.... We started the process for my wife in January 2020. things were finalized November 2021 she had her IR1 Visa in her passport with an expiration date of April 17. 

She arrived at the Thousand Island POE with her Visa and Passport in hand but things went awry.  Basically the agent ultimately told her she could enter as a visitor but her file was flagged and she needed to provide proof she had resigned from her job and terminated her lease before April 17 if she expects to enter on the IR1. 

 My question is , has anyone experienced what the process is if the IR1 Visa holder does not enter prior to expiration date?

My apologies if the above is in the wrong place/incoherent/ or otherwise offensive to anyone. My thoughts are still trying to process what happened why and what we do from here.

 

Thank You 

Steve

[Timona 4,207]

5 minutes ago, 1800X said:

I guess my wife and I screwed up. Long story short we have been married for 11.5 years and I attempted to go to Canada first but time and life goes by.... We started the process for my wife in January 2020. things were finalized November 2021 she had her IR1 Visa in her passport with an expiration date of April 17. 

She arrived at the Thousand Island POE with her Visa and Passport in hand but things went awry.  Basically the agent ultimately told her she could enter as a visitor but her file was flagged and she needed to provide proof she had resigned from her job and terminated her lease before April 17 if she expects to enter on the IR1. 

 My question is , has anyone experienced what the process is if the IR1 Visa holder does not enter prior to expiration date?

My apologies if the above is in the wrong place/incoherent/ or otherwise offensive to anyone. My thoughts are still trying to process what happened why and what we do from here.

 

Thank You 

Steve

 

Never heard of this. So she went back to Canada?

What did they stamp on her PP?

[Crazy Cat 41,806]

11 minutes ago, 1800X said:

I guess my wife and I screwed up. Long story short we have been married for 11.5 years and I attempted to go to Canada first but time and life goes by.... We started the process for my wife in January 2020. things were finalized November 2021 she had her IR1 Visa in her passport with an expiration date of April 17. 

She arrived at the Thousand Island POE with her Visa and Passport in hand but things went awry.  Basically the agent ultimately told her she could enter as a visitor but her file was flagged and she needed to provide proof she had resigned from her job and terminated her lease before April 17 if she expects to enter on the IR1. 

 My question is , has anyone experienced what the process is if the IR1 Visa holder does not enter prior to expiration date?

My apologies if the above is in the wrong place/incoherent/ or otherwise offensive to anyone. My thoughts are still trying to process what happened why and what we do from here.

 

Thank You 

Steve

This doesn't make any sense at all.  Are you sure that is what she was told?

Edited February 16, 2022 by Crazy Cat

[mushroomspore 3,044]

10 minutes ago, 1800X said:

I guess my wife and I screwed up. Long story short we have been married for 11.5 years and I attempted to go to Canada first but time and life goes by.... We started the process for my wife in January 2020. things were finalized November 2021 she had her IR1 Visa in her passport with an expiration date of April 17. 

She arrived at the Thousand Island POE with her Visa and Passport in hand but things went awry.  Basically the agent ultimately told her she could enter as a visitor but her file was flagged and she needed to provide proof she had resigned from her job and terminated her lease before April 17 if she expects to enter on the IR1. 

 My question is , has anyone experienced what the process is if the IR1 Visa holder does not enter prior to expiration date?

My apologies if the above is in the wrong place/incoherent/ or otherwise offensive to anyone. My thoughts are still trying to process what happened why and what we do from here.

 

Thank You 

Steve

Wow, this is a little wild! I've also never heard of CBP agents asking immigrant visa holders to provide proof that they resigned their old job and terminated their lease. The immigrant visa is proof enough that the US government is allowing the person to enter the US permanently. Did your wife enter the US or return to Canada? What is in her passport now? It may be worth it to fly through Pearson or another major airport.

[Crazy Cat 41,806]

If this happened as the OP says, it sounds like an unlawful act on the part of CBP.....

[mushroomspore 3,044]

Just now, Crazy Cat said:

If this happened as the OP says, it sounds like an unlawful act on the part of CBP.....

I was going to say the same thing...that CBP agent is wildly incompetent or was being intentionally malicious. There's no good reason for the agent to have flagged OP's wife when she had a valid issued immigrant visa in her passport.

[Crazy Cat 41,806]

@Boiler @Jorgedig Have you heard of this???

[Chancy 6,241]

13 minutes ago, 1800X said:

She arrived at the Thousand Island POE with her Visa and Passport in hand but things went awry.

 

Were you in the US or together with your wife when she arrived at POE with her IR1 visa?

 

[Loren Y 2,755]

Definitely seems shady on the part of the CBP officer. I just messaged my CBP agent friend to ask her about this. She just transferred to Canada with CBP, so she may want to hear this story.

[1800X 16]

Hi all and thank you so much for your interest and questions. I unfortunately  did not go to the POE with her as it seemed like a simple process. As I mentioned we have been commuting between Canada and USA for years and years.  Thankfully at this moment no they did not deny her entry to USA they allowed her to enter on a visitor visa with an expiration date matching that of her IR1 Visa and the agent reminded her very sternly she must leave the USA before the expiration date of her Visitor Visa or she will be committing a felony and she (My Wife) was stupid for caring about financial responsibilities , she should have been at the POE the day after receiving her Visa , Nov 1.

 We are trying to find an immigration attorney now that can at least put her mind at ease that worst case we just start the process again or what the actual options are. 

 

Again thanks for the replies and the interest it seems perhaps this is not a common occurrence?

 

[1800X 16]

3 minutes ago, Loren Y said:

Definitely seems shady on the part of the CBP officer. I just messaged my CBP agent friend to ask her about this. She just transferred to Canada with CBP, so she may want to hear this story.

Wow that would be awesome to hear her thoughts if you don't mind sharing what you hear. Thank You all for your interest and questions and suggestions sincerely

[Crazy Cat 41,806]

1 minute ago, 1800X said:

Hi all and thank you so much for your interest and questions. I unfortunately  did not go to the POE with her as it seemed like a simple process. As I mentioned we have been commuting between Canada and USA for years and years.  Thankfully at this moment no they did not deny her entry to USA they allowed her to enter on a visitor visa with an expiration date matching that of her IR1 Visa and the agent reminded her very sternly she must leave the USA before the expiration date of her Visitor Visa or she will be committing a felony and she (My Wife) was stupid for caring about financial responsibilities , she should have been at the POE the day after receiving her Visa , Nov 1.

 We are trying to find an immigration attorney now that can at least put her mind at ease that worst case we just start the process again or what the actual options are. 

 

Again thanks for the replies and the interest it seems perhaps this is not a common occurrence?

 

This is beyond weird...... remember the name of the agent.  Something is extremely wrong here.

[millefleur 5,046]

It's even weirder to me that they'd be OK with her entering as a visitor when there's very clear immigrant intent with the IR-1 visa. The reasoning just does not add up. Agree with the others that it sounds like CBP messed up here unless there's more to the story we don't know about.

 

3 minutes ago, 1800X said:

Thankfully at this moment no they did not deny her entry to USA they allowed her to enter on a visitor visa with an expiration date matching that of her IR1 Visa

So, she's currently in the US as a visitor and has a valid IR-1 visa in her passport?

 

4 minutes ago, 1800X said:

(My Wife) was stupid for caring about financial responsibilities , she should have been at the POE the day after receiving her Visa , Nov 1.

Plenty of people enter the US days, weeks or even months after getting the immigrant visa. As long as you enter before it expires, it shouldn't be a problem.

[SteveInBostonI130 3,432]

19 minutes ago, 1800X said:

I guess my wife and I screwed up. Long story short we have been married for 11.5 years and I attempted to go to Canada first but time and life goes by.... We started the process for my wife in January 2020. things were finalized November 2021 she had her IR1 Visa in her passport with an expiration date of April 17. 

She arrived at the Thousand Island POE with her Visa and Passport in hand but things went awry.  Basically the agent ultimately told her she could enter as a visitor but her file was flagged and she needed to provide proof she had resigned from her job and terminated her lease before April 17 if she expects to enter on the IR1. 

 My question is , has anyone experienced what the process is if the IR1 Visa holder does not enter prior to expiration date?

My apologies if the above is in the wrong place/incoherent/ or otherwise offensive to anyone. My thoughts are still trying to process what happened why and what we do from here.

 

Thank You 

Steve

 

This makes no sense. 

 

What did she say to CBP?  Did she state she was immigrating or that she just wanted to visit and had to return to her job?  Also, did the CBP agent mark the file with the above highlighted text or did the CBP agent just read what was already in her file?

 

This is very odd.  Immigration attorney time?  Or maybe visit the CBP office near the POE together?

[Ontarkie 14,215]

Montreal is pretty strict with handing out visas when the USC lives inside of Canada, but I have never seen this. Were you in the US when she crossed, or going with her? 

Edited February 16, 2022 by Ontarkie