Change of Stauts? Can USCIS do this?

[moemac59 193]

Hi

Hoping that someone can offer some insight. I live in TO, financee lives in a small town outside of Buffalo. I have been going down to see him every weekend for the summer. We intend to be married but cannot file for a petition for my finacees visa yet as he is still legally married (his ex is being extremely uncooperative and will not sign their divorce papers). I have noticed the last couple of weekends that when I was crossing at the border, the process seemed to take a while unlike the usual 5 minutes in the past. Thank god I had the forsight to bring with me a letter from my employer stating my return date to work, current utility bills, a receipt for my current rent, my income tax information and all my banking statement (TFSA and RSP as well as savings account info).

I was informed when I was crossing this time that my status has been changed from visitor to impending immigrant because we are now engaged and I intend to move to the US once all the paperwork is filed and the government grants me the access to do so. My question is, can USCIS just change my status like that even though I have not filed any paperwork yet? Can they deny me from crossing even though I have all of this documentation? I have my NEXUS interview coming up on September 11th and want to know how this is going to affect that interview.

If anyone can offer some insight into this, it would be much appreciated.

[canadian_wife 1,831]

USCIS hasn't changed your status, the port of entry did. And yes, that can happen. They typically do this because you have either been crossing too often for them or you are, as you said, actually intending to immigrate. Some Canadians have been given an amount of time they must wait before they can re-enter the US because they are an impending immigrant and some, like me, have been striaght out denied entry because of my impending immigrant status.

Yes, they can deny you if they think you are a threat to illegally immigrate - as in using entrance as a tourist with immigrant intent. Happened to me!

When you go for your Nexus interview, make sure you bring TONS of ties to Canada to show you won't abuse the privledge

Good luck

[gap1 21]

I am so glad my fiance isn't Canadian. I've been reading about the border issues and the Montreal Embassy nightmares and I had no idea. I assumed Canadians would have it the easiest but I guess not.

[JimVaPhuong 4,865]

I am so glad my fiance isn't Canadian. I've been reading about the border issues and the Montreal Embassy nightmares and I had no idea. I assumed Canadians would have it the easiest but I guess not.

Canadians generally do have it pretty easy. They cross the border in large numbers every day, and a lot of Americans cross into Canada.

Anybody from anywhere can get flagged by CBP for immigrant intent. It happens to people from England, too. Once they find out the visitor is in a serious relationship with a US citizen that raises the risk.