Canadian bf got denied at the can/us border, can he try again???

[elise 0]

My Canadian bf tried to come visit me (I'm american) and got denied at the border. CBP has a full record now of our relationship, and that we each have gone to one another's country for extended periods to be with one another. At this point, we honestly just want to visit one another so we can talk in person about possibly applying for the K1 fiance visa.

Is it stupid for him to try again at a different border crossing, this time with a pre-purchased return trip? He has no job in canada (works freelance on his computer) and lives with his parents currently so he cannot prove strong ties.

I understand that he will likely be denied again, but I am scared to death that he could get the 5 year ban.

How likely is the ban? It's very frustrating because we honestly aren't doing anything wrong, we would just like to talk in person about engagement rather than skype.

[Sweetcheeksss 91]

From my personal experience, trying again at another crossing would not be a wise decision. He's already been turned back and the fact that CBP didn't give him something more serious is lucky. Once, when I was crossing, I was unable to prove strong ties to Canada, so I was turned back with a stern warning not to try again for another 6 months and when I DID try, to bring really strong ties to Canada with me (a letter from work, my utility bills, letter from my son's school, etc). AND I was told that *if* I tried to cross again before that, it would be viewed as trying to circumvent US law and that I'd have much more serious consequences.

It's up to the CBP officer at the border and that's iffy at best.

Good luck with everything.

[canadian_wife 1,826]

Same thing happened to me. Unless his ties have changed from none to SUBSTANTIAL trying to cross again is futile. Once denied, it is exponentially more difficult to get admitted.

Sounds like you'll need to visit him for a while to discuss the K-1

Good luck

[Krikit 1,165]

I understand that he will likely be denied again, but I am scared to death that he could get the 5 year ban.

How likely is the ban? It's very frustrating because we honestly aren't doing anything wrong, we would just like to talk in person about engagement rather than skype.

Not very likely. All that happens is that he'll be refused entry. I believe they call it "Voluntary Withdrawal of Petition". It won't even affect the issuance of the visa.

There have been some Canadians (and some UK'ers) who have come back with evidence of ties and were subsequently allowed entry. If he does try again and it's looking like they're thinking of a refusal, he could always ask them to issue him an I-94 with whatever expiry date they deem appropriate. I've even seem them do one with a "No AOS allowed" entry to ensure he doesn't try to attempt that avenue. I am going to move your question over to the Canada Regional forum because you'll find people with experience of this there. You'll also want to take a look at the following link. It specifies K-1 visa beneficiaries but it's applicable to all.

Visitation FAQ's

Edited March 9, 2011 by Krikit

[Moosker 7]

Could you go and visit him instead? That's an option.

[Flames9_RN 358]

I see you found VJ,lol

[SapphireDreams 71]

No matter what crossing he uses they will have access to his previous crossings and this denial.

Could he come visit you? If not, could he get a letter from his parents on when they are expecting him back, make a Dr.'s appointment of some kind to show he's coming back and also only go for a week with a return ticket? You could try again, but you may want to prepare to be turned back again.

You're best bet would be to visit him and then discuss the K1 option.

[warlord 73]

A ban could be very possible since they don't look kindly on what they call border hoppers. If he was denied at one, that record is now sent everywhere and he will be pulled in for attempting to enter from another spot. He needs to get his name cleared, by fixing the issue that got him denied in the first spot. This maybe even mean going to a lawyer to figure out how to clear his name. Or by demonstrating to the border that the issue was fixed...

[elise 0]

Thanks for all your input, everyone.

When he tried crossing the last time, he tried going through at an off the beaten track crossing in VT. We thought maybe they'd be more easygoing (wrong) and thought the drive would be nice. Well, apparently what the agent said is that if he tries coming again it'd have to be through a principal port of entry. So I guess the agent didn't warn him against coming back soon.

He does have a job interview coming up in Canada so he could show a letter saying that he has a job interview on such-and-such date. Not sure if that holds any water or not...

Does this change anything?

[Flames9_RN 358]

it all comes down to the POE officer--simple as that!! no 1 here can say yes or no. Even with 100% concrete evidence that 1 is returning to canada, can still lead to being denied! Just be polite and have a plan in case they say no!

[Matt n Shannon 3]

I wouldn't try though until you have STRONG ties. Once denied you are flagged in the system for a few months.

[SF2007 48]

My Canadian bf tried to come visit me (I'm american) and got denied at the border. CBP has a full record now of our relationship, and that we each have gone to one another's country for extended periods to be with one another. At this point, we honestly just want to visit one another so we can talk in person about possibly applying for the K1 fiance visa.

Is it stupid for him to try again at a different border crossing, this time with a pre-purchased return trip? He has no job in canada (works freelance on his computer) and lives with his parents currently so he cannot prove strong ties.

I understand that he will likely be denied again, but I am scared to death that he could get the 5 year ban.

How likely is the ban? It's very frustrating because we honestly aren't doing anything wrong, we would just like to talk in person about engagement rather than skype.

Are you two engaged already? That's the issue. I had no problem visiting my USC fiance back when we were ''just'' dating but it became an issue when we got engaged. I was denied entry when I was last visiting right before we applied for a K1. I was told I didn't prove enough ties to Canada, had to withdraw my application for entry and go back home.

If he was denied at a POE, then he had to withdraw his application for entry and he is now flagged. The customs officer then told him that he MUST obtain his visa or a waiver before trying again. No other way around than those 2. I am sorry but it does sounds like you will have to be the one visiting until he gets his visa. It's happened to me and there is no way I'll go near the border again until I do get my visa. It's a one year process ; about 6 months for the NoA2 and another 6 months before interview if he is assigned to Montreal's Consulate.

Flames9_RN is right; it all comes down to the POE officer. Are you willing to go through that amount of stress and waste your vacation time and money on flight tickets that you won't get a refund for when he won't make it?

He can try again for sure. And doing so might as well hurt your visa application when it will be reviewed by the authorities.

[Krikit 1,165]

He can try again for sure. And doing so might as well hurt your visa application when it will be reviewed by the authorities.

It will not hurt the visa application. They will remove the flag on his name in the database.

[elise 0]

We don't mind risking the travel fare...the only thing I DO mind risking is a ban. If he doesn't get in, fine. He did his best and tried. But a ban would be pretty devastating. Thanks for all your input everyone!

[edsotherhalf 1]

I had trouble at the border once. I was told to either turn around and go home or I could go down for 7 weeks, an I-94 was put into my passport. I crossed back when I was told to, actually a day earlier, then 3 weeks later turned around and flew down. I again was held up at the airport because I was trying to visit for 3 months. I told them I had my son's wedding to come back for and also I showed them a letter my then fiance had written to say he would take full responibility for me, such as food, clothing, place to stay etc. I again was given a I-94 for 3.5 months. I was never denied just questioned as to my intentions. I didn't have a job then, lived with my sister, no mortgage and didn't have thousands in the bank. If you have money you can cross with no problem I found. The first time my husband came to visit me, he didn't have a return ticket, he proved ties to USA by owning a home and had a job, they asked how much available money he had on his credit cards and when he told them they stamped his passport for 6 full months!!!! I was a little ticked at that. LOL. Since starting this visa process I have never had a problem visiting him for however long I want. Unfortunately I started work so going to visit is impossible. We are up to filling out the DS-260 so hopefully not to long left in the process. Haven't seen each other since Christmas.