IR1 Visa Denied at POE

[Ontarkie 14,215]

Just now, 1800X said:

 

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....

 

This guy sounds like he is tripping. 

[1800X 16]

 

Just now, Ontarkie said:

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

Thank you so much for the advice I am trying to find out who to email actually today   Again Thank You.

[Crazy Cat 41,809]

14 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?

Nope.  That is completely legal.....and normal.

[Boiler 45,443]

Only 2 options I can think of

 

She said something really weird when seeking entry

 

All 3 of the officers at the PoE are total idiots.

[1800X 16]

24 minutes ago, SteveInBostonI130 said:

 

Are you in the US or in Canada?

 

I am in USA and well thankfully my wife is on a plane at this moment in  the US as well coming to our Atlanta home albeit on a Vistor Visa currently ;

[1800X 16]

44 minutes ago, Crazy Cat said:

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

HI and thank you for your interest and suggestions and questions. My wife just messaged me that last night during this process she was told " you should have known to land you had to prove you were unemployed and gave up all ties . Then the agent said because of you we have three agents with three computers open because everyone knows anyone coming across on a spouse visa knows they must cross with everything and cant have any ties to Canada . Wanting to find a job before they come over is stupid reason to wait and when she married me she took the plunge to give up everything to get her spouse visa. 

[Crazy Cat 41,809]

4 minutes ago, 1800X said:

HI and thank you for your interest and suggestions and questions. My wife just messaged me that last night during this process she was told " you should have known to land you had to prove you were unemployed and gave up all ties . Then the agent said because of you we have three agents with three computers open because everyone knows anyone coming across on a spouse visa knows they must cross with everything and cant have any ties to Canada . Wanting to find a job before they come over is stupid reason to wait and when she married me she took the plunge to give up everything to get her spouse visa. 

That just isn't true.  The only stipulation, to my knowledge, is that the petitioner must enter the US either before or with the new immigrant.

Edited February 16, 2022 by Crazy Cat

[Villanelle 4,122]

3 minutes ago, Boiler said:

Only 2 options I can think of

 

She said something really weird when seeking entry

 

All 3 of the officers at the PoE are total idiots.

I agree. Reminds of the time that K visa holder was asked about getting married and made the inappropriate joke of IDK we'll see...

 

Sounds like the OP and wife are financially fortunate enough to own multiple homes and it caused confusion about her intentions to make the US her primary residence hence the demands to show proof of cutting ties. 

 

Perhaps consider a defered inspection site? They may be able to correct her entry or provide guidance about what was documented.

[Crazy Cat 41,809]

5 minutes ago, 1800X said:

HI and thank you for your interest and suggestions and questions. My wife just messaged me that last night during this process she was told " you should have known to land you had to prove you were unemployed and gave up all ties . Then the agent said because of you we have three agents with three computers open because everyone knows anyone coming across on a spouse visa knows they must cross with everything and cant have any ties to Canada . Wanting to find a job before they come over is stupid reason to wait and when she married me she took the plunge to give up everything to get her spouse visa. 

How does a person prove he/she is unemployed??????  You can't. 

[1800X 16]

1 minute ago, Crazy Cat said:

That just isn't true.

I didn't think so either  we are truly shocked defeated and at a loss at the moment. We will overcome for sure just have to find the path. You all are a great group of people thank you for the interest the questions the suggestions.  I have a few calls and emails into different law firms to see if we can retain counsel , just thought I would see if anyone here had ever experienced this while we wait for legal advice.

 

Thank You 

[Crazy Cat 41,809]

2 minutes ago, Villanelle said:

Reminds of the time that K visa holder was asked about getting married and made the inappropriate joke of IDK we'll see...

Yes.  But that situation made more sense than this one......this is one for the hall of fame.

[Ontarkie 14,215]

I'm with Boiler,  Option  #2 

[Crazy Cat 41,809]

I vote option 2 as well....

[1800X 16]

2 minutes ago, Villanelle said:

I agree. Reminds of the time that K visa holder was asked about getting married and made the inappropriate joke of IDK we'll see...

 

Sounds like the OP and wife are financially fortunate enough to own multiple homes and it caused confusion about her intentions to make the US her primary residence hence the demands to show proof of cutting ties. 

 

Perhaps consider a defered inspection site? They may be able to correct her entry or provide guidance about what was documented.

Hi and again Thank You for your QSandA's  .   We are fortunate in that we found each other many years ago  but not so long ago as to have started our lives together , just want to finish them together  . If I misled anyone into we owned our current homes I apologize, we do not. Currently we have been long long term renters and use our excess income to invest for our retirement as well as for the purchase of "our home" when she does arrive as a LPR.  We are not destitute by any means but we are not loaded that's for sure. What is a defered inspetion site if I may ask ?

 

[Rocio0010 5,579]

53 minutes ago, 1800X said:

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. 

If this is true, then the agent is completely wrong and should actually be investigated for this behavior. For an IR1, there is no need to provide proof of resignation to anything. 

Hindsight 20/20, she should have escalated it right there and then. Now it's time to lawyer up probably