Help! US Border Entry

[bluesky1713 0]

Background: I have just begun my CR-1 visa application (filed mid-June). I recently married a US citizen (I am Canadian). We both are living in Canada (she has work eligibility in Canada for the time being), but anticipate relocation to the US shortly after I receive my Green Card. Upon initial entry to the US before my wedding (which was being held in Illinois), the border guard asked and I answered truthfully that I was entering the US and would be getting married with the intent on returning to Canada (no problems there). After the wedding we went to the Dominican Republic and upon my return to the US, the US border officer at JFK gave me a really hard time and told me I had entered the US illegally because I came to get married, he questioned me as to why my passport was not stamped when I entered before my wedding and he took biometrics on me (photo, all my prints, etc.) and eventually let me back into the US. I was coming back into the US to pick up my car and return to Canada with my new wife. Anyways, I know that the officer was incorrect in saying I entered illegally because my intent was to return to Canada. However, that experience has me a little worried about future entries to the US during my visa processing period, etc.

Issue #1: Her Grandfather has terminal cancer and we expect him to pass away any day now. I will be a pallbearer at his funeral.

Issue #2: My sister is getting married in the US and my wife will be a part of the wedding in August.

My lawyer has advised me against travel to the US. I called the US Customs and Border Protection in Washington, DC and the lady I talked to there said as long as I could prove that I will be returning to Canada, I should have no problems (rental agreement, employment letter, utility bills, etc.). However, after my last visit to the US and the bad experience (illegal entry accusations, biometrics taken, etc.) I am quite wary. Should I listen to my lawyer or will I be fine entering the US for these very important occasions? Any advice or personal experiences would be greatly appreciated!!! These are events that I would really like to/need to attend and do not know if I can now!

[Chica Yeyé 41]

Your lawyer advise seems right to me. Since you have had issues before, you most likely will be harassed at the POE and possibly denied entry. If you do decide to make the trip; bring enough proof of ties to Canada nad hope for the best.

[trailmix 77]

Many Canadians here have encounted problems crossing the border after being questioned about possible immigrant intent before their visa has been issued. Many have not and travel freely while their visa is processing.

Have you been flagged? Probably. As Len mentioned you will probably be question when you try to cross the border again - now if that isn't a huge problem, you may be given entry but I would recommend that you do bring all the proof of strong ties to Canada that you can.

Be prepared to be turned back at the border though.

[MOB 0]

Hi,

I was entering the USA June 10th, 2009 while my CR-1 is still in process. I told the immigration officer that I want to visit my wife. He asked me some questions about my binding ties and that was it. I had no problem at the POE.

Regards,

MOB

[milimelo 4,503]

Don't you have a NOA-1 by this time? It should serve as enough proof that you are doing the legal way to gain US residency and should get you into the country.

[thegordons2009 1]

I tried to cross the border and was denied. I also had biometrics done. I had to return with paystubs, a letter from my job, and rental agreement. As long as you have those with you, they shouldn't deny you entry.