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WantingMyHubby

Completely Lost and Heartbroken

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My suggestion is that your husband got caught because he was in a rental car. When I crossed in a rental they asked a lot more questions than when I came in my own car.

I don't know why he doesn't get himself a passport and avoid all of the hassle. Surely there has been enough time to do that.

Regardless, there is simply NO reason for you not to cross into the US again. You are legal. But it is strange that you were denied after the investigator said you were not lying. Did you ask why if he felt you were not lying why you were turned back?

(And yes, it was dumb to bring stuff with you when you crossed. Only bring what you need for the length of your stay and nothing more.)

Sent I-130 to VT 25-Oct-2007

I-130 Moved to California 6-August-2008

My petition has been in 3 states (1, twice) in 9 months!

Rec'd by CSC 8/9, touched 8/11, 8/12, 8/15, 8/20, 8/25

Approved Tuesday, 25-August-2008

10 months since we mailed the petition

Rec'd NVC 9/3, Invoice Generated 9/10, DS-3032 emailed 9/11.

Rec'd AOS invoice 9/15, paid online 9/15, Accepted as Paid 9/18, mailed I-864EZ 9/19

IV Invoiced 9/18, paid online 9/19, Accepted as paid 9/22

DS-230 sent 10/2

Case complete @NVC 10/8 - 11 months, 1 week and 6 days

Interview in Montreal December 18, 2008 - scheduled 1 year, 1 week and 3 days after the start of our journey. Takes place 1 year, 1 month, 3 weeks and 2 days after the start...

[X] Passed [ ] Failed Interview

Thursday, April 2, 2009 Activated Visa - 1 year, 5 months, 1 week and 1 day

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
My suggestion is that your husband got caught because he was in a rental car. When I crossed in a rental they asked a lot more questions than when I came in my own car.

I don't know why he doesn't get himself a passport and avoid all of the hassle. Surely there has been enough time to do that.

Regardless, there is simply NO reason for you not to cross into the US again. You are legal. But it is strange that you were denied after the investigator said you were not lying. Did you ask why if he felt you were not lying why you were turned back?

(And yes, it was dumb to bring stuff with you when you crossed. Only bring what you need for the length of your stay and nothing more.)

He has crossed in a rental car once before without a problem, but I can see how it would raise more questions.

Yep, he needs to get a passport ASAP. That's become more and more obvious. And yes, I was naive. I should have known better.

I think the supervisor had a lot of weight in the decision to deny me. When I left, I think she was still suspicious of me. And the investigator told me that I should get started on the visa...he said that technically, I COULD attempt to re-enter the US, but he suggested that I avoid future problems and wait in Canada until I had the visa. I tend to err on the cautious side of things (especially after that incident) and agree with him. He even said, "at least your husband can come visit you, right?"..............

It was a horrible situation, but there was a silver lining. We thought, well, at least I didn't have to sign anything. It was a mortifying experience, but I didn't see it damaging my chances for an immigration visa. And the way the supervisor treated me, I could tell that she WANTED to damage my record. Luckily, the investigator was extremely kind and didn't levy any charges in my name. I didn't ask why I was denied because I just wanted to get away from the situation as quickly as possible and as unscathed as possible.

I'm just so curious as to whether or not they could see his criminal record everytime he was admitted. If so, is it just a subjective decision to let someone in based on the time elapsed? I know it does nothing to ask these questions...but it kills me to think that if my hubby had seen another guard, maybe he could have gotten through. Then again, we could be facing the situation the next time he tried to cross. Who knows.

Patience...patience...everything will be okay in the end...sigh.

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I suspect they only see it if they look. Something he said or did or just the way he looked prompted the guard to dig deeper or to ask an off-hand question like, "have you ever been arrested?"

I really don't know what happens after they deny you, what kind of notes they put into their database.

And, yes, it is totally up to the guard whether someone gets into either the US or Canada.

You should post on http://www.canadavisa.com/canada-immigrati...board/index.php and see if you can get some direct input on how to go about getting him approved for rehabilitation. That will eliminate a big concern. And have him fill out the paperwork for his passport right now. Download it and email it to him. There's no excuse for dawdling.

Sent I-130 to VT 25-Oct-2007

I-130 Moved to California 6-August-2008

My petition has been in 3 states (1, twice) in 9 months!

Rec'd by CSC 8/9, touched 8/11, 8/12, 8/15, 8/20, 8/25

Approved Tuesday, 25-August-2008

10 months since we mailed the petition

Rec'd NVC 9/3, Invoice Generated 9/10, DS-3032 emailed 9/11.

Rec'd AOS invoice 9/15, paid online 9/15, Accepted as Paid 9/18, mailed I-864EZ 9/19

IV Invoiced 9/18, paid online 9/19, Accepted as paid 9/22

DS-230 sent 10/2

Case complete @NVC 10/8 - 11 months, 1 week and 6 days

Interview in Montreal December 18, 2008 - scheduled 1 year, 1 week and 3 days after the start of our journey. Takes place 1 year, 1 month, 3 weeks and 2 days after the start...

[X] Passed [ ] Failed Interview

Thursday, April 2, 2009 Activated Visa - 1 year, 5 months, 1 week and 1 day

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Patience...patience...everything will be okay in the end...sigh.

Exactly!

I know it must seem difficult right now, because you probably just want to throw things and feel like you are angry at the world. But try and approach this from a rational point of view, think of all you can do to change the situation and get busy doing just that.

Have your husband start on his passport ASAP, so that you can at least meet him someplace else. You could even make it some romantic honeymoon.

Dig into what you need to do on the Canada side in order to have your husband be rehabilitated or whatnot, so that he can at least come visit you. See how long that will take. Maybe even try and have him come over via another POE, like one of the posters said?

And get your visa paperwork submitted as soon as possible (did I understand correctly that you haven't done that yet?) so that at least time is counting down with that.

And all in all, the waiting apart is horrible but you'll get through it, as we all will. It's only temporary.

Take care and you'll be fine.

Cat

Website US Department of State, Consular Affairs Bureau: http://travel.state.gov/visa/immigrants/info/info_1339.html

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Filed: AOS (apr) Country: Canada
Timeline

I think if I were you, I would put together a lot of evidence showing ties to Canada and attempt to visit your husband in the US again. It sounds like you had the wrong Customs Officer on the wrong day. This forum has many examples of people visting their loved ones in the US after having been denied at the border. As long as you didn't sign any paperwork saying you wouldn't attempt to enter again, I would treat your denial as an isolated incident. Our particular denial resulted in us signing a paper that explicitly told us that my wife couldn't enter the US until the visa was obtained.

Of course, it's all up to you, and if you don't feel comfortable then by all means don't try to come over again. I would advise against bringing all your belongings though, which is what probably tipped them off the last time ;)

They will know when you file for the visa, so be honest at all times at the Border.

Timeline

7/11/2007 - I-130 NO1A Hard Copy

8/13/2007 - Son Drayson born in Sudbury, Ontario.

9/6/2007 - I-129F NO1

10/15/2007 - Trip to Toronto for Dray's Consular Birth Abroad, SS application, and US passport

3/18/2008 - NOA2 for both I-129 and I-130!! No touches or email notifications at all!

4/2/2008 - estimated that NVC received

4/9/2008 - estimated that K-3 was sent from NVC to USEMontreal

4/16/2008 - Received hardcopy from NVC

4/16/2008 - Packet 3 Received

4/24/2008 - Packet 3 Sent to USEMontreal

7/14/2008 Interview in Montreal!!!!

7/17/2008 Visa received

7/18/2008 POE Sault Ste Marie Michigan

8/21/2008 moving day...back to Anchorage, Alaska!

4/20/2009 AOS granted, 10 year Green Card arrives, Social Security # given :)

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