Worried about fiancé being denied at POE with K-1 visa due to past denials

[User01 0]

Hello all, 

 

To provide some background into the situation, my fiancé is Canadian and I am American and we are both new to the immigration process. We planned on getting married in the United States back on October 26th and as my fiancé and her family attempted to enter the United States by land at the POE, the CBP officer denied them entry because my fiancé's father, who was driving the car at the time, told the CBP officer that his daughter (my fiancé) was getting married in the United States and that he did not know when she was going back. The CBP officer did not make my fiancé sign any paperwork, swear an oath or stamp her Canadian passport. Instead, they educated my fiancé on the K-1 visa and printed out form I-129F, then gave her the paperwork and sent her on her way back into Canada. At this point, emotions were running pretty high and we were all disappointed that we missed our wedding day. A few days later, my fiancé wanted to meet me and family here in the United States before my family left to return to California (I live in Virginia) but once again my fiancé was denied at the airport by the CBP officer and they did not allow her to visit me and my family. My fiancé told me that the CBP officer simply gave her advice on not to return too quickly after being denied before. The CBP officer also suggested that my fiancé try for a TN visa and the officer gave her a NAFTA packet that lists all TN jobs that she can apply for. She left the airport and once again returned home without having to sign any paperwork etc. We learned our lesson and now I am planning on filing form I-129F and my fiancé will not attempt to enter the United States without the K-1 fiancé visa in hand at the POE. Now that she was denied twice before, I am concerned that she may get denied a third time even if she has a K-1 visa with her to show the CBP officer. Should we consult an immigration attorney on this matter? What other options are there if my fiancé gets denied again with a K-1 visa?  

[SalishSea 17,751]

5 minutes ago, User01 said:

Hello all, 

 

To provide some background into the situation, my fiancé is Canadian and I am American and we are both new to the immigration process. We planned on getting married in the United States back on October 26th and as my fiancé and her family attempted to enter the United States by land at the POE, the CBP officer denied them entry because my fiancé's father, who was driving the car at the time, told the CBP officer that his daughter (my fiancé) was getting married in the United States and that he did not know when she was going back. The CBP officer did not make my fiancé sign any paperwork, swear an oath or stamp her Canadian passport. Instead, they educated my fiancé on the K-1 visa and printed out form I-129F, then gave her the paperwork and sent her on her way back into Canada. At this point, emotions were running pretty high and we were all disappointed that we missed our wedding day. A few days later, my fiancé wanted to meet me and family here in the United States before my family left to return to California (I live in Virginia) but once again my fiancé was denied at the airport by the CBP officer and they did not allow her to visit me and my family. My fiancé told me that the CBP officer simply gave her advice on not to return too quickly after being denied before. The CBP officer also suggested that my fiancé try for a TN visa and the officer gave her a NAFTA packet that lists all TN jobs that she can apply for. She left the airport and once again returned home without having to sign any paperwork etc. We learned our lesson and now I am planning on filing form I-129F and my fiancé will not attempt to enter the United States without the K-1 fiancé visa in hand at the POE. Now that she was denied twice before, I am concerned that she may get denied a third time even if she has a K-1 visa with her to show the CBP officer. Should we consult an immigration attorney on this matter? What other options are there if my fiancé gets denied again with a K-1 visa?  

It sounds like none of that was planned out properly.

 

If your fiance wants to live in the US, you need to petition her for the correct visa.  She was denied entry because she did not have the correct visa.

 

Moving to the US is not simply presenting yourself at the border.  Immigration is a long and expensive process.  I suggest you both do lots of research and reading so that you avoid more pitfalls.

[Boiler 45,343]

I would go the marriage route

[canadian_wife 1,818]

Very similar situation happened with me (I'm the Canadian) and I was able to visit after the 2 port of entry denials.  Feel free to message me privately.  

 

I second Boiler, go the spousal visa route.

 

Good luck

[Brooke and Bruno 0]

1 hour ago, canadian_wife said:

Very similar situation happened with me (I'm the Canadian) and I was able to visit after the 2 port of entry denials.  Feel free to message me privately.  

 

I second Boiler, go the spousal visa route.

 

Good luck

Hi! Why would you go to the spousal visa route? According to my research it takes so much longer then the K1.. And yeah, I know CR1 is cheaper and the beneficiary can work as soon as they get to the US but K1 is the fastest way to get to the US right? My priority is to be with my fiancé soon.

[Boiler 45,343]

Then the quickest route is to move to Canada

[Crazy Cat 41,619]

7 minutes ago, Brooke and Bruno said:

Hi! Why would you go to the spousal visa route? According to my research it takes so much longer then the K1.. And yeah, I know CR1 is cheaper and the beneficiary can work as soon as they get to the US but K1 is the fastest way to get to the US right? My priority is to be with my fiancé soon.

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1 
  More expensive than CR-1
  Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
  Spouse can not leave the US until she/he receives approved Advance Parole (approx 3-6 months) 
  Spouse can not work until she/he receives EAD (approx 3-6 months) 
  Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period 
  Spouse will not receive Green Card for many months after Adjustment of Status is filed.
  A K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-1
  Less expensive than K-1 
  No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

[canadian_wife 1,818]

7 minutes ago, Brooke and Bruno said:

Hi! Why would you go to the spousal visa route? According to my research it takes so much longer then the K1.. And yeah, I know CR1 is cheaper and the beneficiary can work as soon as they get to the US but K1 is the fastest way to get to the US right? My priority is to be with my fiancé soon.

 

That used to be the case, but not so much now.  Montreal is also a notoriously slow consulate.

Good luck

[JeanneAdil 6,422]

2 minutes ago, Brooke and Bruno said:

Hi! Why would you go to the spousal visa route? According to my research it takes so much longer then the K1.. And yeah, I know CR1 is cheaper and the beneficiary can work as soon as they get to the US but K1 is the fastest way to get to the US right? My priority is to be with my fiancé soon.

Not really . The process may have speeded up some but its still a long process since covid /and waiting for the AOS to complete takes forever meaning she can not work or return back to Canada without the AP,  

the cost of AOS would make me not  this route

 

BTW tourist visit was not the proper way to enter and marry in US but fiance or spouse visa is 

either of these allow her to enter with little or no questioning as she will be legally entering

[MalloryCat 178]

4 minutes ago, Brooke and Bruno said:

Hi! Why would you go to the spousal visa route? According to my research it takes so much longer then the K1.. And yeah, I know CR1 is cheaper and the beneficiary can work as soon as they get to the US but K1 is the fastest way to get to the US right? My priority is to be with my fiancé soon.

K1 processing has slowed down significantly.

 

people are waiting 2-3 months more after approval for their petitions to be sent to the NVC. and from there it still has to get to the embassy. and if im not mistaken, Montreal handles the interviews for most if not all family based visas for canada. which would also slow down the timelines.

 

at this point the timelines for the CR1/IR1 and the K1 are not that much different.

[mam521 2,028]

Spousal and fiancé visas take nearly the same amount of time through Montreal.  No other consulate in Canada manages these visa types.  

 

Your partner would wait 18-24 months to get a K1 visa to enter the US, get married and file paperwork.  Then, she has to wait for however long it's going to take for work authorization and travel authorization, should she want to travel outside of the US.  She has to wait for her greencard to process on top of it all. Then, 2 years later, the removal of conditions would begin.  It's a long process and an expensive process.  

 

I'd wager a guess your fiancé works in Canada.  Are you prepared to become a single income and her lose out on X number of months of experience in her trade?  Is she going to be happy, stuck with no opportunity to work or travel, fully dependent on you?  For many people who come from countries similar to the US, this is extremely challenging and puts a lot of strain on the relationship.  

 

On the other hand, your partner waits 18-24 months to get a CR-1 to enter the US.  She is immediately a permanent resident with the right to work, travel freely and have her SSN and driver's licence.  Yes, you have to remove conditions in 2 years, but she begins her life with you like "normal".  She can retain far more of her independence and the qualities you love about her without her being 100% your dependent.  It's honestly a better scenario.  If you search the forum, you'll find a lot of K-1's who'll have said they wished they would have done a CR-1 because it is a big headache.  

[igoyougoduke 1,647]

17 hours ago, User01 said:

Hello all, 

 

To provide some background into the situation, my fiancé is Canadian and I am American and we are both new to the immigration process. We planned on getting married in the United States back on October 26th and as my fiancé and her family attempted to enter the United States by land at the POE, the CBP officer denied them entry because my fiancé's father, who was driving the car at the time, told the CBP officer that his daughter (my fiancé) was getting married in the United States and that he did not know when she was going back. The CBP officer did not make my fiancé sign any paperwork, swear an oath or stamp her Canadian passport. Instead, they educated my fiancé on the K-1 visa and printed out form I-129F, then gave her the paperwork and sent her on her way back into Canada. At this point, emotions were running pretty high and we were all disappointed that we missed our wedding day. A few days later, my fiancé wanted to meet me and family here in the United States before my family left to return to California (I live in Virginia) but once again my fiancé was denied at the airport by the CBP officer and they did not allow her to visit me and my family. My fiancé told me that the CBP officer simply gave her advice on not to return too quickly after being denied before. The CBP officer also suggested that my fiancé try for a TN visa and the officer gave her a NAFTA packet that lists all TN jobs that she can apply for. She left the airport and once again returned home without having to sign any paperwork etc. We learned our lesson and now I am planning on filing form I-129F and my fiancé will not attempt to enter the United States without the K-1 fiancé visa in hand at the POE. Now that she was denied twice before, I am concerned that she may get denied a third time even if she has a K-1 visa with her to show the CBP officer. Should we consult an immigration attorney on this matter? What other options are there if my fiancé gets denied again with a K-1 visa?  

 

You should have been more aware of the legal process. She cannot enter just like that from Canada ; get married ; and plan to stay in US forever. You dont need any attorney if you follow the legal process. 

 

You have two choices 

1) Fly to canada and get married there and than return back to US.  You are goin to be separated for a while . File for CR1 visa to get the paper work started. it will take 1-2 years before she can move permanently to US.  She can visit you in the period between you filing paper work and permanently moving to USA

2) Apply for K1 visa. She stays in Canada for now. Once the K1 visa is approved she can fly to US; Once she lands in US; get married within 30 days ; file adjustment of status ( i-485) to get green card. She can also file for EAD/AP which will allow her to work and travel abroad while I-485 is pending. This process will also take 1.5-2 years to complete 

 

These are the only 2 options 

[Marieke H 2,471]

When she initially entered as a visitor she likely would have been admitted if she had presented a clear plan: "I am entering, to get married, and then I will travel back to Canada on ... while we wait for my spousal visa to be processed." Having proof of responsibilities back home would have helped as well.

 

I agree with others; the spousal visa is far superior. You don't need to get married in the US, you can visit her in Canada and marry there.

 

These denials will not have any effect on her entry when she presents herself at the border with the correct visa for her visit, either a K-1 or CR-1.

 

[SalishSea 17,751]

3 hours ago, Brooke and Bruno said:

Hi! Why would you go to the spousal visa route? According to my research it takes so much longer then the K1.. And yeah, I know CR1 is cheaper and the beneficiary can work as soon as they get to the US but K1 is the fastest way to get to the US right? My priority is to be with my fiancé soon.

There is not a significant difference in time from filing to visa between the two these days.

[NorthByNorthwest 327]

20 hours ago, User01 said:

We learned our lesson and now I am planning on filing form I-129F and my fiancé will not attempt to enter the United States without the K-1 fiancé visa in hand at the POE. Now that she was denied twice before, I am concerned that she may get denied a third time even if she has a K-1 visa with her to show the CBP officer. Should we consult an immigration attorney on this matter? What other options are there if my fiancé gets denied again with a K-1 visa?  

 

To add to all the advice already provided in the thread - once you have gone through the proper process and have the correct visa in hand POE is mostly a formality. If there were any issues with your application or travel history then the petition would not be approved or the visa would not get issued.