Canadian refused entry to USA does it affect my K1 application????

[lil mama 7]

Hello everyone

I just found this forum and it has alot of great information...my predicament is I recently was refused entry by the Detroit CBP because they speculated I was moving to the USA as I visit my boyfriend regularly. The problem was they said I had no ties to Canada as I moved back home to save money where I do not pay rent or utilities so I could not produce bills they asked for. I recently completed my college programme and was taking some time off before I went into the work field and was not currently employed...long story short I have now tried to cross to visit twice since being accused of moving. The second last time they refused me due to lack of paperwork and then was allowed to go and get some paperwork where they then issued me a I94. I am a Canadian citizen and did not know why I needed it but it let me across so all I asked was "do I have to get one of these every time now" the CBP officer told me its all upon the officer I get???? Am I black listed now if I try to cross????

Anyways I am now pregnant and we have decided I will move there, we are applying for the k1 visa ASAP but I need to know if having three refusals to the USA will affect my application?

Please let me know what forms I need as my fiancee called the USCIS and was told just the I129 does he not need the affidavid as well?

Your help is greatly appreciated!!

[rocks 494]

im not sure about your refusal of entry affecting your k1 petition, but the info on the forms you need for filing i-129f is here;

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

and there are example forms here to help you fill them out;

http://www.visajourney.com/forums/index.ph...p;page=examples

good luck!

[sunnybear 0]

My man was refused entry at Detroit as well....We got our I129F approved thus far! He should get his interview soon so will keep you updated to when he makes it in this time and if all goes well!!!

[Kathryn41 3,205]

You were refused because the border guard believed you to have immigrant intent and you didn't have sufficient ties to Canada to reassure him you were only a visitor. When you have your K-1, you are using the correct visa to enter the US - because it is your intent to get married to your fiance and live in the US. You will have provided them with the necessary paperwork. Being refused now because you couldn't prove you weren't intending to immigrate will not have a negative impact on your K-1. Remember that you must be very honest and if ever asked, either at the border or by anyone in US immigration, if you have ever been refused entry, TELL THE TRUTH. You can be denied entry permanently for lying at the border or to immigration about such matters.

Yes, you are a Canadian and it is very important to remember that the US is a foreign country. You are asking for permission to enter the US when you approach the border, and it is the border authorities job to ensure that people who are a potential immigration threat are not allowed into the country. Presenting them with copies of documents that prove your ties to Canada allows them to decide in your favour that you are not an immigration risk. They have ultimate authority and they do not have to let you across the border if you cannot prove to their satisfaction your intent.

By giving you an I-94 they issued you what is called an entry-exit visa. This is standard procedure for all other visitors except Canadians so they were giving you a definite time period for which you would be allowed to visit. Did they also tell you to check in at the US border on your return to Canada so they could officially record you observing the time limit on the visa? When you officially enter the country on your K-1 they will also give you an I-94. Make sure you keep that I-94 - you will need it for later.

You were lucky. They could have refused you entry, or required you to get an official visitor's visa through the nearest US Consulate. Yes, it will be up to the border guard each and every time you cross the border whether he/she will allow you in to the US with your proof or without your proof; let you in with an I-94, or deny you entry.

You mentioned that now you are pregnant you will be moving there. I hope you mean living there after you receive the K-1 visa as there is no legal way you can live there before then. Read the guides at the top of this forum and you will get a good idea of what is involved in the K-1 process. Basically, it has two stages: 1) your US fiance submits the I-129 petition plus all of the necessary supporting documents and forms. He receives an acknowledgment, and then several months later, an approval of his petition. The approval means that you now have permission to apply for a K-1 visa. The I-129 petition is processed in the US, then transferred to the US Consulate in either Montreal or Vancouver (depending on where you live). The Consulate sends you a package that contains the K-1 application form and tells you what documents you need to get: ie. long form birth certificate; passport; Canada wide police check; medical exam; letters of intent to marry; an Affidavit of Support from your fiance, proof of previous marriages ending, etc. You tell the Consulate when you have these items and they then schedule an interview. If all goes well at the interview you receive the K-1 visa. You have 6 months in which to activate the visa by a one time entry to the US for you and your belongings, then you must marry within 90 days.

Edited September 16, 2008 by Kathryn41

[lil mama 7]

Thanks for the replys but to answer you Kathyrn41... yes I will be living there and applying for my AOS etc once the K1 is approved....now as for the border the only reason I was issued the I94 was after being insulted by the rude CBP officer I complained to the supervisor who intern reviewed my papers and said if I were to provide banking info I would be allowed into the USA. Upon returning to the CBP that was when another officer said they were to issue the I94 and it was important I gave the piece stapled into my passport to the Canada CBP upon returning...nothing else was explained!

We got engaged in July and we were torn between him coming here or I to the USA we decided for me to come there...anyway my next question is I live near Toronto is there not a consulate in Toronto? or is it just Montreal and Vancouver?

My fiancee spoke with the USCIS and they just told him he needs the I129F but when I look on this site I need:

# Form I-129F Petition for Alien Fiancé(e) (if your fiancé(e) has unmarried children who are under 21, they are eligible to accompany your fiancé(e), but only if they are listed on this form.)

# Evidence of your U.S. citizenship - your original U.S. birth certificate, your U.S. passport, your Certificate of Naturalization, or your Certificate of Citizenship. (Please see USCIS Form I-129F for information on the use of copies.)

# 2 Form G-325A Biographic Data Sheets (one for you and one for your fiancé(e))

# One color photo of you and one of your fiancé(e) taken within 30 days of filing (please see Form I-129F for more instructions on photos).

# A copy of any divorce decrees, death certificates, or annulment decrees if either you or your fiancé(e) have been previously married.

I just want to make sure we have everything required as its a long process!!!

Also on what document do I need to state that the due date of the baby and not to schedule the interview at that month????

All the best

[Angela & Paul 12]

Angela was refused entry into the US last year. Her interview is Oct. 21 so we'll let you now what they think of her previous "intent to immigrate and be a public charge". Check our timeline. It would actually be very ironic if she gets her K-1 visa on Oct. 29, one year to the day after being denied entry

[brown_eyes 0]

lil mama - I cross the border frequently and wonder when it will be my turn to produce my ties to Canada. I keep a thick file in my car just in case. Glad it didn't get too complicated for you other than the I-94.

I do believe that your only options are Montreal or Vancouver for the K1. Good luck with the filing!

[Carlawarla 1]

Thanks for the replys but to answer you Kathyrn41... yes I will be living there and applying for my AOS etc once the K1 is approved....now as for the border the only reason I was issued the I94 was after being insulted by the rude CBP officer I complained to the supervisor who intern reviewed my papers and said if I were to provide banking info I would be allowed into the USA. Upon returning to the CBP that was when another officer said they were to issue the I94 and it was important I gave the piece stapled into my passport to the Canada CBP upon returning...nothing else was explained!

We got engaged in July and we were torn between him coming here or I to the USA we decided for me to come there...anyway my next question is I live near Toronto is there not a consulate in Toronto? or is it just Montreal and Vancouver?

My fiancee spoke with the USCIS and they just told him he needs the I129F but when I look on this site I need:

# Form I-129F Petition for Alien Fiancé(e) (if your fiancé(e) has unmarried children who are under 21, they are eligible to accompany your fiancé(e), but only if they are listed on this form.)

# Evidence of your U.S. citizenship - your original U.S. birth certificate, your U.S. passport, your Certificate of Naturalization, or your Certificate of Citizenship. (Please see USCIS Form I-129F for information on the use of copies.)

# 2 Form G-325A Biographic Data Sheets (one for you and one for your fiancé(e))

# One color photo of you and one of your fiancé(e) taken within 30 days of filing (please see Form I-129F for more instructions on photos).

# A copy of any divorce decrees, death certificates, or annulment decrees if either you or your fiancé(e) have been previously married.

I just want to make sure we have everything required as its a long process!!!

Also on what document do I need to state that the due date of the baby and not to schedule the interview at that month????

All the best

Read the Guides at the top of the page here that will tell you step by step what you need for the 129F petition that your US fiance must fill out. You fill out a few things. You'll need evidence of having met at least once in the last 2 years. Immigration stamps, boarding passes, itineraries, are good primary evidence. Pictures of you together are secondary evidence. You'll need a letter of intent as well. Don't forget the cheque!!

One thing you need to know is that as a Canadian you're only allowed to visit the US for 6 months a year so if you've been down there for a few months now, you won't have that much time left.

Yes, the K-1's are all processed in Montreal and Vancouver. Your living in Toronto will necessitate you are interviewed in Montreal. To be honest, you'll be lucky to have your interview in Montreal before the baby is born. You'll know later on, after your petition is sent to Montreal when you might be interviewed, but you are looking at a wait of 6-12 months before this process is completed, and you move to the US.

Again, read the guides. As well, drop into the Canada Forum here where you'll have lots of opportunity to ask questions and read info on this immigration process from an American/Canadian standpoint after you've read the Guides. Here's a link to that forum:

http://www.visajourney.com/forums/index.php?showforum=93

Best of luck!