IS US CITIZEN ALLOWED TO ACCOMPANY K1 FIANCEE TO SECONDARY?

[lvcouple2010 11]

Not sure which forum to post this to? My K1 Canadian fiancee and I (November filers)are contemplating traveling together from Calgary to the US. She was "turned away" in Calgary once before (NOT "denied entry": no paperwork, no passport entries) in November and not allowed to travel to the US. USCIS told her they believed she had immigrant intent, but that she could try again anytime. I know if we try again, she is redflagged and will be sent to secondary inspection. We have no problem with that and intent to lay all our cards on the table and be entirerly truthful regarding our intentions for her to come to US for 30 days to wait for her interview in Vancouver (hopefully in April/May).

Tried searching the database, but couldn't find an answer to these questions:

1. Is the US citizen sponsor allowed to accompany the K1 Fiancee into the seconday inspection interview? English is her second language and we are concerned that the language barriers may hinder her chances. Also, USCIS was not very nice the first time around, and she is, naturally, wary of a repeat of that experience.

2. Is there any downside to trying again? We both understand we have to be completely truthful and it is our responsibility to convince USCIS that she will return to Canada. She had previously visited the US at least 5 times in the previous 5 years (prior to K1 app) and always retuned. She will have return ticket, K1 app., and bank statements + my fiancial info to prove she has funds while in the US.

[YuAndDan 153]

Moving to Canada forum... You are talking about boarder crossings, and visiting, not about filing an I-129F

[S&B 1]

I don't know 100%, so hopefully someone can correct me if I'm wrong, but I was under the impression that you either aren't allowed or it's severely hampering to the K-1 application to enter the US while it's being processed.. I had a similar situation in that I was turned away at the border for "living" in the US, but I was more or less told that if I tried again they would ban me, so I stayed in Canada while we've filed our K-1. I don't think there'd be any issue with you accompanying her to any interview though.

Edited January 26, 2011 by Anysunrise

[YuAndDan 153]

Getting turned away at border wont hamper K-1 process, or the interview at the consulate.

[Danu 19]

My husband came into secondary with me when we were activating the K1, but I'm not sure if on just a normal crossing if you can enter with her, also might be dependant on the border crossing. The biggest issue for her to overcome is proof of intent (the funds in the states won't really help). She needs to show things like having a job waiting for her to get back, an apartment she pays rent on, utility bills etc. Her bankstatements and yours could be interpretted (if the border guard chooses) to show that she has support in the states and doesnt need to return, though the K1 stuff may help as it shows that shes trying to get in the right way.

Basically, her language wouldnt be used against her, but lack of ties to canada might, especially as shes been turned back before. Theres no harm in trying, but beware that if you can't show strong ties to Canada she may just be turned back again. You should be able to help her translate though if shes having issues.

[Flames9_RN 358]

One can travel to the USA during the k1, cr-1 process BUT its up to the POE discretion--simple as that!! many do not have any trouble, but like you--some do!! One should ALWAYS have evidence with you that you are returning to Canada! (bills, letter from employer, lease) The onus is on YOU to prove that! Lot of the time the POE dude doesn't even ask for the evidence, but 1 should always be rdy to provide it if asked! And now that ur flagged in the system, ensure you have it with ya. And be prepared to be turned back again! And yes there have been others that have been flagged and then had a successful entry! just be prepared every-time u travel. And 1 can have the best evidence in the world that your returning to Canada, and the POE officer can still deny you entry!! I personally traveled monthly to DC during my CR-1 process, never had 1 problem--i did whats written below in my signature!!

[lvcouple2010 11]

Do you know if I will be allowed to accompany her to the inevitable secondary interview?

Thanks for the replies and the advice is greatly appreciated.

[Flames9_RN 358]

Do you know if I will be allowed to accompany her to the inevitable secondary interview?

Thanks for the replies and the advice is greatly appreciated.

Hard to say--they may separate you to see if your stories are the same

[iampatricias 17]

1. Is the US citizen sponsor allowed to accompany the K1 Fiancee into the seconday inspection interview?

2. Is there any downside to trying again?

1. I think yes, as long as you more or less let her speak for herself, I can't imagine them asking you to like, wait outside.

2. Only in terms of stress and worry but it doesn't hurt the K1 process at all. My border process is so hit and miss, I never know quite what to expect. I've had one terrible one, and 2 other notably bad ones, but the rest have been surprisingly easy, and I am always afraid that I'm due for another bad one...

[CQ & CS 2]

I'm not sure about Calgary but I had experience at both land crossing secondary at Peace Arch and YVR. From what you said here, your fiance was basically denied entry with the reason of have immigration intended. I was denied for the same reason back in Oct 2009 and I couldn't show financial ties in Canada at that time coz I did not have a job, mortgage/rent (I lived with my parents) whatsoever. CBP told me to show them financial ties next time I tried to cross. Financial ties/obligations, for CBP, means jobs, lease, mortgage, school, car loan etc etc. A return ticket is a must but not enough to show them you have intention to come back Canada especially she was denied before. In April 2010 I finally got a job and I tried to cross the border four times ever since; two time in YVR while K-1 was pending and two times in Peach Arch with K-1 approved. Each time I crossed I brought a folder with me. In that folder I put my employment contract, pay stubs, bank statement highlighting payroll, cell phone autodebit, MSP autodebit (medical insurance), and car insurance under my name. I had to go to secondary every time I tried to cross and they examined my proof of ties very thoroghly. As long as you bring enough evidence with you you should be okay. With that said, there is NO GUARANTEE; CBP has discretion to let you cross or not.

At the secondary of YVR, I saw people accompanied with their g/f/fiance/wife in the waiting area. At the secondary of Peach Arch, my then fiance actually went to secondary with me and talked to the CBP.

Hope this help.

[lvcouple2010 11]

Congrats on your NOA2 "iampatricias" and thanks for the reply. Can you say more about your POE experiences? Any in Calgary?

[lvcouple2010 11]

"At the secondary of YVR, I saw people accompanied with their g/f/fiance/wife in the waiting area. At the secondary of Peach Arch, my then fiance actually went to secondary with me and talked to the CBP".

Exactly the kind of info I was looking for, thanks, CQ & CS!

[CQ & CS 2]

"At the secondary of YVR, I saw people accompanied with their g/f/fiance/wife in the waiting area. At the secondary of Peach Arch, my then fiance actually went to secondary with me and talked to the CBP".

Exactly the kind of info I was looking for, thanks, CQ & CS!

You are welcome. Remember "Ties, Ties, and Ties".

[Hendea3 4]

1. USC is allowed into secondary and if you are both in the same vehicle when crossing (if crossing by land of course) then generally everyone in the vehicle is told to go into secondary even if they are not concerned about everyone.

2. As long as you are completely honest then no it iwll not harm your application. And if you bring ties to Canada then you shouldnt have a problem.

Goodluck!

[iampatricias 17]

Congrats on your NOA2 "iampatricias" and thanks for the reply. Can you say more about your POE experiences? Any in Calgary?

Thanks! We're pretty relieved/excited!

I have never crossed in Calgary, sorry. I usually cross the bridges over the Niagara River in Ontario. The worst experience was at the Queenston/Lewiston in May - I was asked to go inside with my ride to the airport, and the officer went through every single thing in my purse and wallet while questioning me, my education, work, my relationship. It was a gentle and polite interrogation, but it was definitely a demonstration of power and intimidation. Also, it was all my fault because I didn't have an itinerary, nothing to show my return flight, and zero (hard evidence) ties to my job and education. Somehow, she let me through "just this once" after firmly lecturing me (I deserved it) about how much it was my responsibility to bring various proofs etc etc.

Other times I've gotten several extra questions (I mostly use the Peace Bridge) about my fiance, where he lives, what he does, what I do, how long I'm going for, what I'm coming back to and that kind of thing. In August, I got a couple of extra questions because I was visiting for 3 weeks ("That seems like a long trip, hmm?" "uhm.... ... does it?") Ever since my lecture though, I always cross with my work contract and pay stub, and an itinerary, and ever since that lecture, no one has ever asked for my proofs again. I just don't know what to make of it.

I'm a permanent resident, though, and I almost always have a tourist visa stapled into my passport (the 90 day VWP visa) just because I live so close to the border and find myself crossing to go to concerts, or shopping or work dinners at the Cheesecake Factory (why not?), so maybe there's some record of my extremely frequent crossings?

Maybe five or six years ago, (before I was so experienced) I went to the border to fly out to see my mom with a long expired visa, probably a year or older inside my passport (they don't remove it when you drive across but apparently, not surrendering this visa by the end-date means you must be hiding illegally in the States, mooching off the system... who knew?), and the border guard kept me waiting for ages, and I honestly did not understand what the big deal was - I was so clueless. I was scolded and lectured then too (like a dummy, I was only worried I was going to miss my flight), but I didn't get turned away then and no one has ever brought it up since.

Anyway, those have been my border experiences. Like I said, most of the time, I get the standard, "where are you going? how long are you going for? are you bringing any alcohol etc, have a nice day" I'd say, go prepared (like others have suggested), don't be afraid, keep your answers short and honest, and they'll have no reason to wonder about your intentions.

Also, let us know how it goes!