Help! Denied entry into the US

[canadian_wife 1,785]

poprocks' timeline in her signature begins with her adjustment of status. Obviously you cannot marry before the K-1 is approved after petitioning because then you aren't eligible for the K-1 any longer. Poprocks had the K-1 petition filed in August of 2008 - her complete timeline can be found if you look it up by clicking 'my timeline' under her name.

As for visiting, yes your fiance can visit. See the guides:

Visiting the U.S. while your visa application is pending

Entry in to the U.S. is not technically prohibited while you are waiting for your visa to process. The final say on whether you will be admitted to the U.S. to visit during this period lies with the U.S. Border Protection at your port of entry.

Visa applicants, generally, are expected to provide evidence that they are intending to return to their country of residence. Therefore, applicants should provide proof of “binding” or sufficient ties to their home country or permanent residence abroad. This may include documentation of the following:

Property ownership (or rental agreement)

Employment contract or statement from employer stating that the position will continue when the employee returns (expected date of return)

In some cases the visa applicant is not asked for this proof, however it can be requested at any time and it is advisable to carry this information with you when crossing the border.

Some words of advice from VJ member flames9

1) Always tell the TRUTH. Never lie to the POE officer

2) Be confident in your replies

3) Keep your response short and to the point, don't tell your life story!

4) Look the POE officer in the eye when speaking to them. They are looking for people lying and have been trained to find them

5) Pack light! No job resumes with you.

6) Bring proof of ties to Canada (letter from employer showing when you are expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get you anywhere, and could make things worse!!

8) Have a plan in case you do get denied (be polite). It wont harm your visa application if you are denied, that is if you're polite and didn't lie! Refer to #1

Like what was said earlier, with the denial of entry, it will be much more difficult for your fiance to visit

Good luck.

Edited November 29, 2009 by canadian_wife

[trailmix 77]

I know its confusing, you should see the look on my mom's face when I try to explain it all to her We just wanted to maitain seperate addresses in Canada and the US for now, until we file for the K-1 to move permenently to the States, but still see each other alot. We haven't filed the K-1 yet because it all seems so stressful and while we were living in the Carribbean, it didn't even matter. We have talked and cried it out and have decided to leave both countries behind and make our life somewhere less beurocratic and more peaceful.

Just another option you have which you may or may not know about.

You could both live in Canada and apply for his Canadian permanent residency. Canada allows spouses to live in Canada while the one spouse is apply to sponsor the other for permanent residency. This process takes around a year or so. Canada also allows you to sponsor your 'common law' spouse, so technically you wouldn't have to get married.

More info on that can be found here.

That said, if you then decided to move to the U.S., your then Husband might have trouble proving he is domiciled or intends to domicile in the U.S. - but that's a lot further down the road.

Just wanted to throw that out there for you. Good luck!

Edited November 29, 2009 by trailmix

[loveacanuck 0]

I know its confusing, you should see the look on my mom's face when I try to explain it all to her We just wanted to maitain seperate addresses in Canada and the US for now, until we file for the K-1 to move permenently to the States, but still see each other alot. We haven't filed the K-1 yet because it all seems so stressful and while we were living in the Carribbean, it didn't even matter. We have talked and cried it out and have decided to leave both countries behind and make our life somewhere less beurocratic and more peaceful.

Just another option you have which you may or may not know about.

You could both live in Canada and apply for his Canadian permanent residency. Canada allows spouses to live in Canada while the one spouse is apply to sponsor the other for permanent residency. This process takes around a year or so. Canada also allows you to sponsor your 'common law' spouse, so technically you wouldn't have to get married.

More info on that can be found here.

That said, if you then decided to move to the U.S., your then Husband might have trouble proving he is domiciled or intends to domicile in the U.S. - but that's a lot further down the road.

Just wanted to throw that out there for you. Good luck!

Thank you. That is very helpful. So once we get married, I, the USC could actually live in Canada without having to worry about anything while the permenant residency is filed? Now we just have to get together now and get married...

[Krikit 1,163]

As Trailmix says, if you have proof of co-habiting during your 3 years in Central America then you don't have to wait to get married to live together in Canada. Link

Welcome to VJ.

[loveacanuck 0]

As Trailmix says, if you have proof of co-habiting during your 3 years in Central America then you don't have to wait to get married to live together in Canada. Link

Welcome to VJ.

Thank you all for your helpful advise! I think I will be on this website for many months to come... We can prove co-habiting easily. Frozen Tundra here we come!