IR1 Visa Denied at POE

[crespo 30]

So if you really want  help I suggest you be honest with us so we can help or message someone privately if you don't want the group to know what's going on

[Timona 4,208]

On 2/16/2022 at 5:04 PM, Boiler said:

 

 

38 minutes in

 

6 minutes ago, crespo said:

So if you really want  help I suggest you be honest with us so we can help or message someone privately if you don't want the group to know what's going on

 

8 minutes ago, crespo said:

I just want to add that this story is all over the place and it's not believable. 

First off she would have gotten a letter stating the reason  she was denied entry into the United  states as an immigrant. Second of all if she doesn't qualify as an immigrant to enter the United States and they revoked her visa to enter im pretty sure they would have blocked her from visiting the United States as a visitor when it's very clear that she wanted to immigrate to the United States.

 

@crespo I doubt OP would even go on Jim Hacking with a fake story. Check 38 mins mark.

 

@1800X how'd you end up resolving this? 

 

[1800X 16]

41 minutes ago, Timona said:

 

 

 

@crespo I doubt OP would even go on Jim Hacking with a fake story. Check 38 mins mark.

 

@1800X how'd you end up resolving this? 

 

Hi Timona. We haven't resolved this yet we have until the 17th of April as far as we can determine. We spent the past few days doing exactly what we planned albeit with the wonder and doubt over our heads. I will go up to our canada house at the end of March and we will fly back to the USA the first week of April. 

[blchaddy 15]

On 2/16/2022 at 6:04 PM, Boiler said:

 

 

38 minutes in

Haha that’s funny you came across OP asking same question on this video. 

[Mr Genuis 91]

On 2/16/2022 at 11:44 AM, 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

Well this is very Normal to me. Nothing is weird  in it. Canada and the United States are two very closed Countries not just by culture but geographically. What I mean is, it is most likely that the border agent screen her documents and suspect that she does not intend to stay Permanent in U.S.A.This could be mainly from the documents she submitted. When we applied for  Cr1 visa almost 3 years ago. I was rejected at first because my wife and I have not shown proof that she will immidiately leave The Country we were at(were we filed) I remember the Officer was so friendly, he Even advised me that the must ve some little documents hiding some where in our home that can prove that my wife intend to immidiately leave The country With my to the U.S. He said I don't need to visit the embassy again, I just need to mail that document and my Visa will be issued. So we simply gathered a good number of similar documents like Her quitting her Job, She had to attend her Graduation few months from the date we visited  the embassy, A job offer she had I USA that she was immidiately going to start. Sameday I left the embassy I mailed that document and the next day Visa was approved. Sometimes  Visa officers decisions may sound stupid but in most cases they are following scripts. You just have to show enough evidence that you intend to fully relocate to U.S and prove like ready job offer, letter of quitting Jobs or just that one thing could turn the story around. It is the way it is because of U.S Canada proximity. I guess.

Edited February 21, 2022 by Mr Genuis

[Boiler 45,730]

1 minute ago, Mr Genuis said:

Well this is very Normal to me. Nothing is weird  in it. Canada and the United States are two very closed Countries not just by culture but geographically. What I mean is, it is most likely that the border agent screen her documents and suspect that she does not intend to stay Permanent in U.S.A.This could be mainly from the documents she submitted. When we applied for  Cr1 visa almost 3 years ago. I was rejected at first because my wife and I have not shown proof that she will immidiately leave The Country we were at(were we filed) I remember the Officer was so friendly, he Eben advised me that the must some little documents hiding some where in our home that can prove that my wife intend to immidiate leave With my to the U.S. He said I don't need to visit the embassy again, I just need to mail that document and milk Visa will be issued. So we simply gathered a good number of similar documents like Her quitting her Job, She had to attend her Graduation few months from the date we visited  the embassy, A job offer she had I USA that she was immidiately going to start. Sameday I left the embassy I mailed that document and the next day Visa was approved. Sometimes  Visa officers decisions may sound stupid but in most cases they are following scripts. You just have to show enough evidence that you intend to fully relocate to U.S and prove like ready job offer, letter of quitting Jobs or just that one thing could turn the story around. It is the way it is because of U.S Canada proximity.

She was stopped trying to enter the US.

[Mr Genuis 91]

1 minute ago, Boiler said:

She was stopped trying to enter the US.

I understand. But granting a visa  from Canada doesn't  mean she will enter U.S with that Visa. The Border agents have the Final say. They still go through your documents before admiting you to the U.S. They can revoked your visa if they discover it was given by mistake. I know my case and yours seem different  technically it is similar. I suggest she just put some documents together and re submit it. That missing piece will change her story.   

[MrsRenee 1]

It sounds like your wife entered well before the expiry date of the Visa, right? If so, it seems bizarre that they would be denying her entry! 

[Soloenta 2,218]

6 hours ago, crespo said:

So if you really want  help I suggest you be honest with us so we can help or message someone privately if you don't want the group to know what's going on

  Huh, seems very honest to me. No reason to suggest he hasn't told us the truth! 

[Ren & Osas 4]

On 2/16/2022 at 12:44 PM, 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

I agree with others. This doesn't make any sense and if you don't enter on your immigrant visa before it expires then you have to get another visa but most importantly you all need to find a good immigration attorney fast. Check out McBean Law. They handle complicated cases and can request all records for you all's case. Hurry as this is an urgent matter. Additionally, I know people that have waited months before flying to the US with their immigrant visa. It has nothing to do with that at all. That's why it has an expiration date. As long as you get here before then you are good based upon the law. I hope that everything works out. 

[Crazy Cat 41,982]

9 hours ago, Mr Genuis said:

I understand. But granting a visa  from Canada doesn't  mean she will enter U.S with that Visa. The Border agents have the Final say. They still go through your documents before admiting you to the U.S. They can revoked your visa if they discover it was given by mistake. I know my case and yours seem different  technically it is similar. I suggest she just put some documents together and re submit it. That missing piece will change her story.   

The OP's case was far from normal, and I would bet that these CBP personnel will be looking for new jobs.  Name me one other case in which an IR-1/CR-1 holder was denied entry.  Show me the regulation which says the IR-1 holder must prove he/she is unemployed.  This visa was NOT issued by mistake.

Edited February 21, 2022 by Crazy Cat

[Crazy Cat 41,982]

9 hours ago, Mr Genuis said:

But granting a visa  from Canada doesn't  mean she will enter U.S with that Visa.

What does this mean?

[Crazy Cat 41,982]

10 hours ago, Mr Genuis said:

What I mean is, it is most likely that the border agent screen her documents and suspect that she does not intend to stay Permanent in U.S.A.

There is no requirement to "stay Permanent in the US".  A person can surrender their LPR status at any time.

Edited February 21, 2022 by Crazy Cat

[Gisselle Villegas 15]

On 2/16/2022 at 12:12 PM, 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 ?

 

Hi, my husband was granted an IR-1 visa in Costa Rica.  I lived there for a couple of decades with him and we sold all of our belongings and just came with a few suitcases two months after his visa was granted at the US Embassy.  Not once did the agent at the POE ask the questions you wife was asked, like proof he had quit his job, properties we left behind, etc.   We also have an adult daughter who stayed in Costa Rica and the agent didn't ask about her either.   Very strange actions about this agent.  I hope it is resolved soon for you.

[Jesserose24 62]

It sounds to me like she referenced her employment in some way.. if she had any intention of becoming American PR she cannot work for the Canadian company in the US (unless they have an American division etc). So landing while demonstrating no actual intent to permanently reside in the US created a flag for this agent. While rare, this would be in keeping with the agents goals and job during screening.