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DaniM

Denied at Customs for Being Married?

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Hi I'm really lost right now, and I am looking for all the help I can get for this topic. I am a Canadian citizen and me and my husband got married in the U.S. on October of 2016, we filed the CR-1 visa around December, in the CR-1 we claimed that I would be receiving my visa in Canada. I came back to Canada in November, and without knowing there would be any problems I had planned to get a trip back to U.S early January. So It's January, and they stopped me in customs, declining my travel request. They told me I wasn't able to travel because I was married and I had to wait until I received my CR-1 visa. I had no idea this would be a problem, I'm not too sure what is the problem, if there is a law that I have failed to come across about being Canadian and being married to a U.S. citizen. They said that they didn't have any proof that would show I would be coming back to the U.S. but I don't understand that when my CR-1 visa application completely states that I need to go to a U.S. embassy in Canada to receive my visa. I am at a loss for words that I am unable to even see my husband. Am I able to apply for a temporary visa to be able to see him? Are there any other solutions to this, or do I indefinitely need to wait for my application to be accepted?

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They see you as a threat to stay and adjust, that and probably believe that you're making too many trips to the USA and perhaps not enough time at home in Canada.  

 

No, there is no temporary visa.  You're flagged in the system.  If you do try again, carry strong ties to Canada with you.

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Let me get this straight - you've applied to a CR1 visa and you tried in the meantime to visit your husband under the visa waiver program? Am I correct?

 

The problem you're facing is one faced by many of us - you've applied for an immigrant visa. This means you've essentially declared your intent to move to the USA, so you need to have very strong proof that you intend to go back to Canada. Even with this strong proof,  you could be denied entrance. You may have no choice but to wait (like many many many of us here) until you're CR1 visa is approved. Sorry!

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Unfortunately, this can happen and the POE officers have a right to deny you. I guess with the frequent visits they are seeing that you are spending more time in the US than Canada.

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3 minutes ago, agripa said:

Let me get this straight - you've applied to a CR1 visa and you tried in the meantime to visit your husband under the visa waiver program? Am I correct?

 

The problem you're facing is one faced by many of us - you've applied for an immigrant visa. This means you've essentially declared your intent to move to the USA, so you need to have very strong proof that you intend to go back to Canada. Even with this strong proof,  you could be denied entrance. You may have no choice but to wait (like many many many of us here) until you're CR1 visa is approved. Sorry!

Canadians don't do vwp.  We get usually a defacto b2 with the ability to stay up to 6 months

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While it is possible to make successful trips and visits to our fiancés and spouses, unfortunately there are situations where you are flagged and denied entry. The good news is this will have no affect on your spousal visa  and once that is approved you'll be together - but for now you'll have to stay back home. It sort of sounds like you've made too many entry/exits in too short a time frame and the CBP were unwilling to believe your intentions of going back home despite having an application pending. Abuse of the system causes such suspicions and high burden of proof.

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The same thing happened to my husband in Australia ?

He attempted to come visit and was stopped right as he was boarding the plane in Sydney. It was a very expensive decline and it was probably the biggest moment of complete disappointment I have ever experienced ?

 

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3 minutes ago, susanm26 said:

The same thing happened to my husband in Australia ?

He attempted to come visit and was stopped right as he was boarding the plane in Sydney. It was a very expensive decline and it was probably the biggest moment of complete disappointment I have ever experienced ?

 

I didn't know they had US officers in Sydney.  

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1 minute ago, Lemonslice said:

I didn't know they had US officers in Sydney.  

It was via the phone. He was stopped at the gate and was given the telephone. That is when he was questioned regarding his visit to the states and was denied

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3 hours ago, susanm26 said:

It was via the phone. He was stopped at the gate and was given the telephone. That is when he was questioned regarding his visit to the states and was denied

Very odd! If I were attempting to board a plane and got a phone call that I had been denied entry at my destination I would assume a scam. How did he know the call was genuine? Doesn't a denial have to have something in writing or stamped in your passport? I used to work on the check-in and the only time I have seen passengers denied boarding for immigration issues is when they were travelling on one-way tickets to somewhere that required a return ticket (like the USA does for VWP visitors - you must have a return ticket to enter under the VWP. Saying you will buy a ticket home when you get there - as I have also seen - doesn't work). 

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3 hours ago, JFH said:

Very odd! If I were attempting to board a plane and got a phone call that I had been denied entry at my destination I would assume a scam. How did he know the call was genuine? Doesn't a denial have to have something in writing or stamped in your passport? I used to work on the check-in and the only time I have seen passengers denied boarding for immigration issues is when they were travelling on one-way tickets to somewhere that required a return ticket (like the USA does for VWP visitors - you must have a return ticket to enter under the VWP. Saying you will buy a ticket home when you get there - as I have also seen - doesn't work). 

Agreed, something doesn't quite add up.  Airlines (as far as I know) don't work hand in hand with immigration officers in the manner described.  They use the IATA system to verify travel requirements.  For instance I've never heard of them talking on the phone with immigration officers.  And on top of that giving the phone to a passenger?  

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13 hours ago, DaniM said:

Hi I'm really lost right now, and I am looking for all the help I can get for this topic. I am a Canadian citizen and me and my husband got married in the U.S. on October of 2016, we filed the CR-1 visa around December, in the CR-1 we claimed that I would be receiving my visa in Canada. I came back to Canada in November, and without knowing there would be any problems I had planned to get a trip back to U.S early January. So It's January, and they stopped me in customs, declining my travel request. They told me I wasn't able to travel because I was married and I had to wait until I received my CR-1 visa. I had no idea this would be a problem, I'm not too sure what is the problem, if there is a law that I have failed to come across about being Canadian and being married to a U.S. citizen. They said that they didn't have any proof that would show I would be coming back to the U.S. but I don't understand that when my CR-1 visa application completely states that I need to go to a U.S. embassy in Canada to receive my visa. I am at a loss for words that I am unable to even see my husband. Am I able to apply for a temporary visa to be able to see him? Are there any other solutions to this, or do I indefinitely need to wait for my application to be accepted?

https://www.dhs.gov/dhs-trip - DHS Traveler Redress Inquiry Program - worth a bookmark  -  "unfairly detained during your travel experience" or "unfairly" denied entry into the United States Or "U.S. government's record of your personal information is inaccurate."

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This is a direct effect of those people entering the US as a tourist and adjusting status, more scrutiny for legitimate visitors married to USCs who just want to come visit for awhile and go home. :( Hopefully Trump and the republicans remove the adjustment from tourist visa/vwp option, which should remove some of that scrutiny and make it easier for family coming to visit. 

 

A good rule of thumb when visiting the US as a tourist is to have three times as much time out of the US as you do inside. E.g if you visit for two months, stay in your country for six months before returning to the US.

 

When married to a USC, it's also a good idea to bring strong ties to your home country, e.g letter from your employer, rental agreement/mortgage deed etc.

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