Refused at the border?

[jess&andrew 0]

I recently had gotten approved for my K-1 Visa, but wasn't planning on moving until April 08. My fiance (american) was visiting me recently and on his way back, I decided to give him some things to bring back. Well, I didn't know I had to be there in order for him to bring my used clothes/shoes back. Is this a new rule? Or just a made up power-trip rule? Now he has to find a storage area on the Canadian side to store my things (the border is 3 hours away from where I live). Oh, and this wasn't the first time being rejected. I was previously rejected for visiting "too long".

[Usui Takumi 1,562]

Does sound like a powertrip to me. I left tons of stuff in the UK and it was brought back on a recent trip by my fiance. Did they do a full bag search, or did he admit they were yours upfront?

Edited March 6, 2008 by lancer1655

[Kathryn41 3,205]

Actually, you are not technically allowed to have any of your belongings 'precede' you to the US. They are supposed either to accompany you or follow you. If you ship your belongings through a third party they are required to show proof to the border that you are legally present within the US before your belongings will be allowed to enter the country. The border guard was just following the rules, although he may have enjoyed the power as well.

[Udella&Wiz 325]

Hmmmf...how much did you send? Just out of curiousity....and that sucks for you guys too

Kathryn's got the legal details right.....I kept sending a few things with my husband over the course of a year, but not a lot on any given trip. He had the exact concern that it might look like something they'd frown upon.

In the end...whats a few extra boxes on the truck right?

Good luck

[jess&andrew 0]

There was no full bag search - he upfront told the guy what the deal was.

Ya, I guess we weren't aware of the whole "no items preceding you" thing. Ugh - so many rules and no one to tell them all to you until it's too late. Well, 2 years ago, I decided to take long trips (month long) to visit him and he brought some of my stuff over before - no problems. I guess the second he mentioned "visa" - that set alarm bells off or something. I am just frustrated with how things are not clear cut.

I had previously thought that after I enter the US with my K1 Visa, I am not able to enter back to Canada until after we got married. The border person told my fiance the opposite - that I can enter Canada after I cross the border initially - but that I can't enter Canada shortly after we get married until I get my papers. Which is correct?! Because it was based on the first theory why I tried bringing some things down there before I got there - b/c I was afraid I wouldn't be able to come back to get my stuff until months later! You can only fit so many clothes, shoes, purses in a small SUV. And 5 1/2 hrs isn't a fun drive several times.

I guess i really shouldn't have given my fiance so much stuff. I feel so bad that he had to go through that - his own border ppl gave him a hard time. Now we're looking into putting my stuff into storage so that he can finally go home!

Thanks to all for the tips.

P.S. - anyone know anything about Advance Parole?? Do i need that to come back home? Ugh - so confused by all of this. I thought the worry was over after getting the Visa...

[melusine 5]

one thing sure..... once u cross the border with ur k1.... DO NOT CROSS any other border after your adjustment of status is done + authorization to travel etc....

or else you might have to do (and pay, and wait) all of it again.

[KimandRuss 0]

P.S. - anyone know anything about Advance Parole?? Do i need that to come back home? Ugh - so confused by all of this. I thought the worry was over after getting the Visa...

You file for Advanced Parole after you're married and file for AOS.

Everything you need to know is in the Guides.

[jess&andrew 0]

I was under that impression too (regarding not crossing after receiving your K1)! But the border guy today told him the opposite. I'm wondering if they do that to just mess you up...

I am also doing the Vegas thing!! At the end of May this year.

[Usui Takumi 1,562]

Given this rule what about shipping? Ie. my fiance is thinking of shipping her books ahead of her visa. Does this matter? And my books are in the mix as well, the line of ownership is somewhat blurred between us as we lived together for one year. Should i tell her to not do it?

[Kathryn41 3,205]

Jess and Andrew, the K-1 is good for a 'one time admission' to the US. If you leave the US before marriage there is an outside possibility you could get it re-validated to return to the US, but there is no guarantee. I have only seen it happen when someone had to leave because of a death in the family, so I certainly wouldn't count on this. It would have to be revalidated by the Consulate and would still only be as good as for the same 90 days already on the clock.

Once you enter the US on your K-1, plan on remaining in the US until you receive either your green card or your 'advance parole' (AP). Once you are married you are allowed to apply for your AOS (adjustment of status from non-immigrant to immigrant) which will give you your green card. You apply for permission to work (EAD) and permission to travel out of and return to the US (AP) at the same time with the AOS. Current projections say to allow for 90 days to receive your AP after you file for AOS, so it will be 3 months at least before you can return to Canada.

Is it feasible to transport all of your belongings to a storage facility on the Canadian side of the border prior to leaving and activating your K-1, then after you cross over, your fiance/husband can drive over to the storage facility and bring across several loads while you remain on the US side of the border? The alternative is for him to rent a van and then transport you and your belongings back in that.

We arranged for the majority of my belongings to be transported by a moving company after I had moved to the US, but my then fiance rented a large mini-van at the airport, picked me up, filled up the van with cats, and plants and documentation, and declarable items, and enough personal belongings to hold me over until the moving van arrived. He rented it in Detroit, crossed the border into Canada, then drove to our home south of Atlanta where we returned the van, paying for a one way drop off trip. That might be another feasible approach for you. We weren't able to locate any one way rentals originating in Canada and terminating in the US which is why he rented it in Detroit.

Edited March 7, 2008 by Kathryn41

[Kathryn41 3,205]

Lancer, if you can legitimately claim the books as yours through joint ownership and having had them in your possession for at least a year, you might be able to ship them to the US as your property. You might want to check into this. There might be a way going through a brokerage company where they can be shipped to the US as her property and then held in customs until she enters and can claim them upon proof of her legal presence in the US. You might also want to check that out. There would be brokerage fees to pay, but it may be a solution.

[Usui Takumi 1,562]

I just dont see how this is enforcable. I last shipped things from the UK to my parents and my name was the sender and receiver. I put on the customs form - Personal Property - Books and there was no issue. I don't see how it would be any different now, still using my name as sender and receiver. Also I've had gifts from her to me as well. Unless its an item for a specific sex it seems like a bogus rule. Also I cant seem to find the rule anywhere.

Edited March 7, 2008 by lancer1655

[Krikit 1,165]

I just dont see how this is enforcable. I last shipped things from the UK to my parents and my name was the sender and receiver. I put on the customs form - Personal Property - Books and there was no issue. I don't see how it would be any different now, still using my name as sender and receiver. Also I've had gifts from her to me as well. Unless its an item for a specific sex it seems like a bogus rule. Also I cant seem to find the rule anywhere.

From what I can tell, it seems to be only an issue for Canadians bringing items across the land border. I never had any problems bringing and leaving things by air.

[Usui Takumi 1,562]

Yeah, having spent an hour on the Customs website the only effect is that if they were sent from my fiance to me and the property is hers she can't claim them as personal property and get a duty waiver as she isn't a resident. But she can just claim them as used books and there will not be an issue as printed documents (books) are typically duty free anyway.

[jess&andrew 0]

Kathryn - thanks so much for the rundown. It's so frustrating when you think you know it, then someone else tells you otherwise (border official), then you find out that you were right in the first place. I know we're all adults, but these processes can get so confusing and a little guidance is needed from time to time. Thank goodness for this forum - I'd be lost w/out it!

Granted, I am fortunate that I can still leave whatever isn't important in my parent's house still - and only bring the necessities (clothes, shoes, purses!). Isn't sending heavy items costly?

Has anyone here applied for the AP?