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3 Hours Detained at Border!

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Hey Guys...I just crossed the border this past Friday...and they detained me for 3 hours...and questioned me as I didn't have such strong ties back to Canada...they went though my luggage...and at the very end...they let me through after a thorough warning...that I shouldn't live here permanently as I still don't have any legal status...but I can visit here for 2 weeks...(as I told them that I was only here for 2 weeks)...and if I over stay they would stop my immigration process...

So now my question is...can I stay here for like more than 2 weeks...or should I fly back out and wait until I get an interview date...or I can legally stay here for 6 months with no questions asked...

The thing is...they just warned me...and they didn't stamp my passport or anything...but they were typing bunch of stuff into the computer...

My husband wants me to stay here until I hear back from NVC regarding the interview date...but what should I do...should I fly back out next week...please let me know...

Thanks in advance!


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You're legally able to stay here for 6 months on visit visa, right? But you were warned to only stay for less than two weeks. The way I see it is if you leave after two weeks, you give up your right and set a precedence that's not entirely beneficial to those who come after you. At the same time, if you want to stay here more than two weeks because of principle, you risk your future. Sad to say in this case, I'd tread on the side of caution and high-tail it out of here before the two weeks are up. It's not like you'll be separate for years and years.


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You're legally able to stay here for 6 months on visit visa, right? But you were warned to only stay for less than two weeks. The way I see it is if you leave after two weeks, you give up your right and set a precedence that's not entirely beneficial to those who come after you. At the same time, if you want to stay here more than two weeks because of principle, you risk your future. Sad to say in this case, I'd tread on the side of caution and high-tail it out of here before the two weeks are up. It's not like you'll be separate for years and years.


N400 CITIZENSHIP STAGE

23-DEC-2016 -:- N400 form mailed to Dallas, TX Lockbox (USPS EXPRESS)

27-DEC-2016 -:- N400 form delivered/picked up by USCIS

01-JAN-2017 -:- N400 form fee check cashed by USCIS

04-JAN-2017 -:- N400 form received per NOA1

09-JAN-2017 -:- N400 form NOA1 notice date

14-JAN-2017 -:- N400 form NOA1 on hand through USPS

30-JAN-2017 -:- N400 fingerprint taken

01-FEB-2017 -:- N400 interview schedule process started

26-JUL-2017 -:- N400 interview date set (01SEP2017)

29-JUL-2017 -:- N400 interview letter on hand

01-SEP-2017 -:- N400 interview date - Interview passed

10-OCT-2017-:- N400 oath ceremony letter on hand (oath on 26OCT2017)

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If you do decide to leave the country and head back home to Canada, you should prepare for the possibility that future entries into the USA will be somewhat more difficult.

They have made notes into the computer, if you try to re-enter the USA using the same type of Visa they will be forced to review those notes against your next entry attempt.

As such on your next entry you should bring a LOT more evidence of ties to Canada. As you said you were waiting for 3 hours - and that they went through your luggage and they were not satisfied of your ties - you should prepare items that will help you convince them of your ties to Canada on your next visit.

You can do as you wish with regards to this, but it will not hurt to error on the side of caution and think about bringing overwhelming evidence of your ties to Canada on your next entry to the USA - not just a single business card because that will not satisfy in your situation IMO.


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I think they noted it on the computer system.

Better safe than sorry I would say go home after the two weeks - you don't want to cause problems at a later date.

I would agree. Despite not stamping your passport they may have noted your expected date of return on the system. There is no way to know for sure so you have to decide if you want to take the chance that it will not be an issue at your interview, which hopefully will come in less than 6 months (which is your allowable length of visit time as a Canadian.)

Tough decision, let us know what you decide and how things work out.

Edited by OBX

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I disagree with OBX, this is a very simple situation. You were told to stay for 2 weeks so you stay for 2 weeks. It is not worth it to mess up your future.

Since you told them you only planned on staying for 2 weeks, I'd really avoid any indication of misrepresenation. As in why did you tell them you were only going to stay for 2 weeks when you planned on staying for 6 months?

Where you given anything in your passport?

It is totally not worth it, stay for 2 weeks and head back to Canada.

Good luck


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I disagree with OBX, this is a very simple situation. You were told to stay for 2 weeks so you stay for 2 weeks. It is not worth it to mess up your future.

Since you told them you only planned on staying for 2 weeks, I'd really avoid any indication of misrepresenation. As in why did you tell them you were only going to stay for 2 weeks when you planned on staying for 6 months?

Where you given anything in your passport?

It is totally not worth it, stay for 2 weeks and head back to Canada.

Good luck

That is what I was trying to say in my post. I was agreeing with the earlier poster that suggested you return after your two weeks.

canadian_wife explained things much better than I. :thumbs:


USCIS

NOA1 08/19/08

NOA2 01/20/09

NVC

Received 01/26/09

Completed 02/13/09 (19 Days)

Interview Assigned 03/27/09 (6 weeks after NVC completion)

Medical

04/14/09 (Toronto)

Interview

Montreal 05/12/09 (88 days after NVC completion) **APPROVED**

POE

06/16/09 Buffalo

07/02/09 Welcome Letter Received

07/07/09 Applied for SSN

07/10/09 "Card production ordered" email received

07/13/09 SSN received

07/14/09 "Approval notice sent" email received

07/17/09 GREEN CARD received

Removal of Conditions

03/21/11 I-751 mailed to VSC

03/23/11 I-751 received at VSC

03/29/11 Cheque Cashed

03/30/11 NOA1 received (3/24/11)

04/11/11 Biometrics appointment notice received

05/05/11 Biometric appointment

12/13/11 **Approval date** (5 days short of 9 months!)

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You should go home after 2 weeks if they said so... sorry you were detained :unsure:


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I just want to add that you are so close to your interview that it's not worth it, and you told them 2 weeks. That is why they said to leave in 2 weeks. One reason they ask when were you last down, and your ties to Canada is to see if your being honest with them. They type in info for the next customs agent. For them to have kept you that long and yet still let you through, they are giving you the benefit of the doubt for not having enough proof with you. You don't want to jeopardize your visa.

I'm guessing you drove down or you would have missed your flight? Enjoy your time there, hopefully they'l have an interview date for you when you get home.

When I've travelled by air sometimes they have stamped my passport and other times they haven't. Going by car has some times been more of a hassle, if not with family or friends even just to shop.

Soon it will be over and you'll sail through.smile.gif

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I just want to add that you are so close to your interview that it's not worth it, and you told them 2 weeks. That is why they said to leave in 2 weeks. One reason they ask when were you last down, and your ties to Canada is to see if your being honest with them. They type in info for the next customs agent. For them to have kept you that long and yet still let you through, they are giving you the benefit of the doubt for not having enough proof with you. You don't want to jeopardize your visa.

I'm guessing you drove down or you would have missed your flight? Enjoy your time there, hopefully they'l have an interview date for you when you get home.

When I've travelled by air sometimes they have stamped my passport and other times they haven't. Going by car has some times been more of a hassle, if not with family or friends even just to shop.

Soon it will be over and you'll sail through.smile.gif

I agree with this wholeheartedly. I don't think it's worth it ... it could really cause problems for you later in the process if you were specifically advised to only stay for two weeks and you didn't listen.


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From a legal stand point, as a Canadian Citizen you are permitted to stay at 6 months without any issues. You are not given an I-94 that needs to be handed in. When you leave, you go back in front of Canada Customs when you return.

That being said, you likely had a really hard time coming down because since you are married to a US Citizen you are already assumed as being an intending immigrant even without filing paperwork.

The Law Stand Point:

You are eligible to stay 6 months like any other Canadian without US LPR status. You are LEGAL in the United States under the Visa Waiver Program with the United States/Canada and are not out of status.

No stamp was given with a return date on it. No exact date was given.

From a piece of mind standpoint:

If you don't wait to sweat the worry, you said 2 weeks, so if you feel more comfortable do that.

In any case, make sure you do not exceed your legal status or it will effect your approved I-130


"It is Better to have loved and lost than never to have loved at all" - Some smart dude

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Do what you feel most comfortable with. Normally, when the CBP Officer defines a timeline which is contrary to the six month policy they will give you an I-94 with an expiry date. Since you did not receive one you remain under the six month rule. An overstay would only begin once you pass the 180 days.

Personally, I have entered the US giving a timeline of how long I expected to visit and have changed my mind and either shortened or lengthened my stay. You are perfectly within your rights to do so unless it contravenes the allowable limit.

You may find this site helpful: CBP FAQ's

You are eligible to stay 6 months like any other Canadian without US LPR status. You are LEGAL in the United States under the Visa Waiver Program with the United States/Canada and are not out of status.

No stamp was given with a return date on it. No exact date was given.

Just to be clear..... Canada is not part of the visa waiver program. :)


iagree.gif

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KriKit,

I know Canada is not in the Visa Waiver Program per-say, but it is a lot easier to call the Visa Exemption between the countries as such.

I apologize if I sounded incorrect. As a Canadian I am obligated to say. "I'm Sorry" :P


"It is Better to have loved and lost than never to have loved at all" - Some smart dude

-------------------------------------------------

K Visa Timeline

-------------------------------------------------

Visa Journey

3/20/2008: I-129F Sent

8/6/2008: Approval Notice

10/14/2008: VISA Approved!

10/24/2008: POE

--- AOS ---

4/14/2009 - Interview with USCIS... APPROVED! Day 92 since receipt of USCIS AOS

-- I-751 Waiver Application ---

1/18/2011 - I-751 Waiver Application mailing to cSC

3/23/2011 - I-751 Divorce Waiver Approved - 10 Year Card in the mail!

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IMO I would stay the two weeks go back home, gather evidence of ties to Canada and then come back over, this time stating 'I intend to visit for X amoutn of weeks/months' THat way you obey teh CBP officer but since you are canadian you are able to be there for max 180days/year and then you get to be with your husband longer. Obviously its not the most convenient but nothing about this is! lol

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