IR1 Visa Denied at POE

[Loren Y 2,755]

2 minutes ago, millefleur said:

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.

Exactly, My wife waited 3 months to enter on her visa, she was finishing things up and we planned it so I could fly there and come back with her.

[Ontarkie 14,215]

If there is an international airport near you maybe go there and ask them what the deal is. Then if they check and can help they can also process her visa. Also email Montreal use Urgent IR1 Refused entry on Visa. Needs to be catchy so it goes to someone more then the mail room.

Edited February 16, 2022 by Ontarkie

[1800X 16]

Just now, millefleur said:

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.

 

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

 

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.

Yes she is in the US now,  she is on a plane at this moment out of Syracuse New York after entering USA with a visitor visa stamp last night after a lengthy difficult discussion with 3 border agents at the Thousand Island Bridge POE.  I wish there was more to the story and their may be in the way the questions were asked and or answered ?  We have maintained two homes for the past 15+ years so there was is no reason for her to transport any belongings we were giving everything to our adult children as we don't want to pay to move things we don't need.  Maybe her not claiming anything with her threw some kind of flag ?

 

[SteveInBostonI130 3,432]

7 minutes 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?

 

 

Are you in the US or in Canada?

 

[1800X 16]

1 minute ago, Ontarkie said:

If there is an international airport near you maybe go there and ask them what the deal is. Then if they check and can help they can also process her visa. 

We may very well try that  thank you.  Our Canada residence isn't far from Ottawa maybe ....

 

Thanks

 

[Sarah&Facundo 595]

5 minutes ago, Loren Y said:

Exactly, My wife waited 3 months to enter on her visa, she was finishing things up and we planned it so I could fly there and come back with her.

Same! My husband waited nearly 6 months  after his visa was issued and he entered 2 days before his visa expired. No questions were asked.

I'm definitely following this story.

 

I wonder if exiting as a visitor and trying to re-enter on the IR1 at an international airport would work?

Edited February 16, 2022 by Sarah&Facundo

[Ontarkie 14,215]

1 minute ago, 1800X said:

Yes she is in the US now,  she is on a plane at this moment out of Syracuse New York after entering USA with a visitor visa stamp last night after a lengthy difficult discussion with 3 border agents at the Thousand Island Bridge POE.  I wish there was more to the story and their may be in the way the questions were asked and or answered ?  We have maintained two homes for the past 15+ years so there was is no reason for her to transport any belongings we were giving everything to our adult children as we don't want to pay to move things we don't need.  Maybe her not claiming anything with her threw some kind of flag ?

 

MAny ppl sell everything off rather then move it. It can be cheaper to buy the stuff you need. Crossing through to get the visa endorsed before the big move is also done all the time. So I don't see what that has to do with anything.  

 

I think the best bet is to email Montreal. 

[Chancy 6,241]

10 minutes ago, 1800X said:

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.

 

This is a critical point so please clarify -- where were you when your wife tried to enter with her IR1 visa?  If you were in Canada at the time, the CBP officer may have been right in refusing your wife entry as IR1.

 

[mushroomspore 3,044]

5 minutes ago, 1800X said:

Yes she is in the US now,  she is on a plane at this moment out of Syracuse New York after entering USA with a visitor visa stamp last night after a lengthy difficult discussion with 3 border agents at the Thousand Island Bridge POE.  I wish there was more to the story and their may be in the way the questions were asked and or answered ?  We have maintained two homes for the past 15+ years so there was is no reason for her to transport any belongings we were giving everything to our adult children as we don't want to pay to move things we don't need.  Maybe her not claiming anything with her threw some kind of flag ?

 

Wow this is super strange. As long as her visa is valid and she enters BEFORE its expiration date, that should not be a factor at all in being flagged or not. It's actually illogical for the agent to allow her to enter under visitor status when your wife has expressed clear immigrant intent AND was granted the immigrant visa. I agree with the others: go to a major airport and talk to the CBP there and explain the story. If your wife remembers the agent's name or anything about them, you guys should 100% share that info.

[1800X 16]

5 minutes ago, Ontarkie said:

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? 

I was in our Atlanta home as flying and crossing has become so routine to us it didn't seem like a big deal. Oh ok wait there may be more to the story . Maybe the problem is the following.

 Her expiration date on IR1 is April 17. She was previously scheduled to fly down this week so we could go look at some different properties as we want to have an OUR place rather than a previously mine and previously hers but now ours property.  Since April was approaching, we decided to take this weeks trip and do the landing IR1 Visa stuff now but she was going back in a week. Could the problem be she tried to enter on an IR1 Visa but returning to Canada in a week to finalize additional steps like clearing out the house , helping the kids decide who gets what etc. and then returning to USA in a few weeks?

 

[mushroomspore 3,044]

3 minutes ago, 1800X said:

Could the problem be she tried to enter on an IR1 Visa but returning to Canada in a week to finalize additional steps like clearing out the house , helping the kids decide who gets what etc. and then returning to USA in a few weeks?

 

No, this would not have been an issue either.

[Ontarkie 14,215]

1 minute ago, 1800X said:

I was in our Atlanta home as flying and crossing has become so routine to us it didn't seem like a big deal. Oh ok wait there may be more to the story . Maybe the problem is the following.

 Her expiration date on IR1 is April 17. She was previously scheduled to fly down this week so we could go look at some different properties as we want to have an OUR place rather than a previously mine and previously hers but now ours property.  Since April was approaching, we decided to take this weeks trip and do the landing IR1 Visa stuff now but she was going back in a week. Could the problem be she tried to enter on an IR1 Visa but returning to Canada in a week to finalize additional steps like clearing out the house , helping the kids decide who gets what etc. and then returning to USA in a few weeks?

 

Ok so you were in the US so that rules out one thing. 

 

If she told them she was only entering and staying for a week it is possible CBP did not know that was allowed or just outright in a bad mood and didn't want to process her visa. 

[1800X 16]

 

7 minutes ago, Sarah&Facundo said:

Same! My husband waited nearly 6 months  after his visa was issued and he entered 2 days before his visa expired. No questions were asked.

I'm definitely following this story.

 

I wonder if exiting as a visitor and trying to re-enter on the IR1 at an international airport would work?

We are wondering the same thing. I guess our biggest concern now is the agents stern reminder that her file has been flagged and that she will have to prove lease termination and resignation of any and all Canadian employment before she tries to enter on her IR1 and reminded her the clock is ticking. April 17 or start over....

 

[Ontarkie 14,215]

Still Email Montreal, since they said her file is flagged. 

[Boiler 45,443]

It is quite common for new residents to enter the US to activate their immigrant status and then go back to finish things off.

 

Also very common for new immigrants to enter with a suitcase or two.

 

I wonder how the conversation went, seems they think she does not want to immigrate for some reason.