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Girlfriend denied at POE. Canada to US

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Hello,

Thank you in advance to anyone who can help. I'll try to explain the situation.

My girlfriend who lives in Canada(Toronto) and has a valid Passport was coming to visit me(in Florida) for a week last month. She was not allowed to board her flight out of Toronto because they said " it looked like she was trying to move to the US...She had a one way ticket because I was going to pay for her return ticket(she has very little money)...Im not sure if they actually "denied" her...but she said something like they let her retract her attempt to come here and they gave her a piece of paper with the reason that she could not go.

So long story short, We still want to spend a week together but she is way too scared to go through US customs again in Toronto. I guess they were pretty rude too... I was doing some research and saw that there are flights from smaller airports in Canada that fly right to Florida. It looks like only CBSA(Canada Border Services Agency) will check her there and then she will fly into Florida(i dont even know if this matters). I'm not sure if US Customs checks you when you land In the US either.

I was just seeing if anyone had any experience with any related problem like this. I definitely dont want to book a roundtrip ticket for her and lose it again. And I most certainly dont want either of us getting in trouble because I do plan on marrying soon. I am open to anyones suggestions as well if my idea is not so good....

Thank you so much for your time. God Bless

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It happens. There's no way of guaranteeing entry, unfortunately. The only thing she can do is travel with as many proofs of ties to Canada as possible. This would include things like a copy of a lease with a chunk of time left, letter from a boss saying she's on annual leave until x date and expected to return, a return ticket and I'm sure others will have some advice.

How much time has she spent in the US vs. time in Canada?

You're planning on marrying 'soon'? Get that K-1 filed. It's taking at least 5 months to process the petition and then Montreal is a notoriously slow Embassy, unless you can use Vancouver (I think the other one is.) It is sometimes suggested that having the NOA1 from a K-1 application shows that you're aware of the proper procedure and following it.


Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

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Only the big airports in Canada have US immigration preclearing. If she boards a flight from a smaller airport then she'll have to clear immigration when she arrives in the US. There's no way to get around this.

She can try again, but she'll get increased scrutiny because she's been denied once already.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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The one-way ticket she had most probably gave her away. Consider buying a two-way ticket he next time she tries with proofs of her ties to Canada. If she flies from a smaller airport, she'll still go through the customs at her POE. You said you plan on marrying soon and I assume it's to her.

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I was denied entry, and although I was allowed to re-enter after my denial, I can tell you it is exponentially more difficult after you have been denied/application for entry withdrew. Unless her ties have changed and become more substantial, she won't be admitted entrance again - this includes a 1 way ticket which seems to have set off internal alters the 1st time

What ties does she have to Canada? job? lease? mortgage? school?

Good luck


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Waited...

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Hello,

Thank you in advance to anyone who can help. I'll try to explain the situation.

My girlfriend who lives in Canada(Toronto) and has a valid Passport was coming to visit me(in Florida) for a week last month. She was not allowed to board her flight out of Toronto because they said " it looked like she was trying to move to the US...She had a one way ticket because I was going to pay for her return ticket(she has very little money)...Im not sure if they actually "denied" her...but she said something like they let her retract her attempt to come here and they gave her a piece of paper with the reason that she could not go.

So long story short, We still want to spend a week together but she is way too scared to go through US customs again in Toronto. I guess they were pretty rude too... I was doing some research and saw that there are flights from smaller airports in Canada that fly right to Florida. It looks like only CBSA(Canada Border Services Agency) will check her there and then she will fly into Florida(i dont even know if this matters). I'm not sure if US Customs checks you when you land In the US either.

I was just seeing if anyone had any experience with any related problem like this. I definitely dont want to book a roundtrip ticket for her and lose it again. And I most certainly dont want either of us getting in trouble because I do plan on marrying soon. I am open to anyones suggestions as well if my idea is not so good....

Thank you so much for your time. God Bless

Hi,

Perhaps she could cross the border in Windsor by car then purchase a flight ticket at Detroit airport. All she needs is to be honest and have ties to Canada with no criminal record or US immigration related issues.

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Hi,

Perhaps she could cross the border in Windsor by car then purchase a flight ticket at Detroit airport. All she needs is to be honest and have ties to Canada with no criminal record or US immigration related issues.

That won't make any difference because she is now flagged in their database. In fact, it's likely to make things worse because Buffalo is closer to Toronto (tons of Canadians fly out of BUF) and they would wonder why she isn't crossing there.

IP3..... Toronto Pearson is well known for their surly CBP Officers. The biggest mistake was having only a one-way ticket so she should check the link below for FAQ's on proving ties. It references K-1 visa beneficiaries but is applicable to everyone. There is a link to all the pre-clearance centres at the bottom of that page. Having a denied entry (or multiple denied entries) is not going to affect a family-based visa unless she has done something criminal..... which she has not. She was just allowed to withdraw her application for entry, which is a good denial.

As an FYI.... CBSA is for people entering Canada. They don't have anything to do with people entering the US unless it is to discuss mutual concerns.

Anyway, good luck to her if she decides to try again. I'm going to move your thread from the General Immigration forum to the Canada Regional forum as you'll find lots of folks with this experience there. Welcome to VJ. :)

Visitation FAQ's


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Yep, as others have stated, wil more than likely a tad bit harder to gan entry into the USA--not impossible, just harder! As others have mentioned one required concrete evidence that 1 is going to return to Canada--more so if one has a bf/gf or spouse they are visiting in the USA. Evidence includes return airfare, letter from employer, lease agreement, etc etc. AND even if 1 has the best proof in the world, it does NOT gaurantee one entry into the USA--quite simply--you as a visitor have no right to step foot in the USA. What it basically comes down to is the POE officer. As well as how you handle urself---you as the visitor give them even a slight bit of attitude, including body posturing, guess what, for sure your going to loose!!! Your never going to win an argument,lol They can either just turn you around, OR truly make ur life miserable and give you a BAN!! Then your life is even more complicated as your goin gto get to the interview on Montreal like everyone else will, BUT instead of giving ur visa like the rest, your handing over a waiver request! And you thought the process was slow up to this point, well, it most likely gets even slower! just saying.

My free (worthless,lol) advice is down below in my signature. Best of luck


Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

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Hello,

Thank you in advance to anyone who can help. I'll try to explain the situation.

My girlfriend who lives in Canada(Toronto) and has a valid Passport was coming to visit me(in Florida) for a week last month. She was not allowed to board her flight out of Toronto because they said " it looked like she was trying to move to the US...She had a one way ticket because I was going to pay for her return ticket(she has very little money)...Im not sure if they actually "denied" her...but she said something like they let her retract her attempt to come here and they gave her a piece of paper with the reason that she could not go.

So long story short, We still want to spend a week together but she is way too scared to go through US customs again in Toronto. I guess they were pretty rude too... I was doing some research and saw that there are flights from smaller airports in Canada that fly right to Florida. It looks like only CBSA(Canada Border Services Agency) will check her there and then she will fly into Florida(i dont even know if this matters). I'm not sure if US Customs checks you when you land In the US either.

I was just seeing if anyone had any experience with any related problem like this. I definitely dont want to book a roundtrip ticket for her and lose it again. And I most certainly dont want either of us getting in trouble because I do plan on marrying soon. I am open to anyones suggestions as well if my idea is not so good....

Thank you so much for your time. God Bless

perhaps you can purchase the return ticket for her, so she has proof she will return back to canada and does not have any intention of staying in the US, hope that helps, my brother in law was refused as well with a one way ticket.


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Patience and perseverance have a magical effect before which difficulties disappear and obstacles vanish

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Yeah, I went in and out a few times, the one time I only had a one way ticket (because we still werent sure when they were going to implode the Stardust hotel) and I wanted to be there for that, they sent me on my merry way back to Canada and cancelled my visitors visa (I was a Can perm resident with SA citizenship).

Only having a one way ticket is a HUGE red flag for them.

She will have to gather up all the ties she has to canada (lease, school, letter from boss for vacation permission, RETURN ticket etc) and they might let her through this time. It will be a bit harder because she was told no once, but you might be ok.


Invictus..

Out of the night that covers me,

Black as the Pit from pole to pole,

I thank whatever gods may be

For my unconquerable soul.

In the fell clutch of circumstance

I have not winced nor cried aloud.

Under the bludgeonings of chance

My head is bloody, but unbowed.

Beyond this place of wrath and tears

Looms but the Horror of the shade,

And yet the menace of the years

Finds, and shall find, me unafraid.

It matters not how strait the gate,

How charged with punishments the scroll.

I am the master of my fate:

I am the captain of my soul.

William Ernest Henley

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Thank you everyone for your responses. You all were very helpful. I have some good ideas now BUT we do have a problem!!

The ties to Canada are an issue now. She is currently looking for a new job and recently left her apartment to go live with her parents to save a little money....So there goes the job letter and the lease :( In fact, I'm ready to file for a K1 visa...but I know that takes forever...

I need to figure out how to get her across...this is becoming ridiculous!

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I had the same issue about 1/2 way through our K1 process, lost my job, was living at home. I just didnt go visit him, he came to visit me, because we were concerned we would be spending money without knowing I was going to be able to get across. It sucked because we didn't get to see each other as often but because theres no way to guarantee entry, we didn't want to possibly waste money on tickets when we knew we were going to need the money more for our move. I'm sorry its difficult, but once you finish the K1 process it will make you guys both a lot stronger :D


~*~*~Steph and Wes~*~*~
Married: 2010-01-20

ROC: (for the complete timeline click on my timeline button, the signature was getting too long!)
I-751 Sent: 2015-05-22
NOA1 Notice Date: 2015-05-27
NOA1 Received: 2015-06-06
Biometrics Notice Date: 2015-06-27
Biometrics Date: 2015-07-17

Interview Notice Date: 2015-07-28

Interview Date: ​2015-09-01
Approval Date:
Approval Notice Date:


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Thank you everyone for your responses. You all were very helpful. I have some good ideas now BUT we do have a problem!!

The ties to Canada are an issue now. She is currently looking for a new job and recently left her apartment to go live with her parents to save a little money....So there goes the job letter and the lease :( In fact, I'm ready to file for a K1 visa...but I know that takes forever...

I need to figure out how to get her across...this is becoming ridiculous!

Get her across to what? If she gets across she has to come back to Canada she cant just stay in the USA! She can tho if you file a K-1 and follow the process. Plus if you have the NOA1 when shes crossing and she shows them shes in the process that might help her chances to go visit you during the process.


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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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I have had a few experiences crossing and not all good ones. My husband came across once with a one way ticket. He was asked at border why and he said he was visiting and didn't know how long he would be staying, they asked if he had a job (yes), a home (yes) and how much money he had available on his credit cards (apparently he had enough cause they gave him a six month visa)!!!! No such luck with me. I had quit my job and him and I were driving to Arizona. I was going to stay for the winter. When we got to the border they didn't like what I had in the car (they said too much stuff) so they gave me the option of turning around and going home or go to Arizona for 5 weeks. I had a date I had to recross the border with everything I had in my car. I did that and when I got back to Canada, three weeks later I turned around and flew down. At the Calgary airport I was again hauled into the customs office with an officer. I had a return ticket but was in three months. I lived with my sister, had no job. the only ties was my family and kids. I should point out that at this time we had gotten engaged just three weeks previously) They made me miss my plane. After hemming and hawing for one hour I showed them a letter from my fiance. He had written that he was able to care for all my needs while I was in the USA. It showed where he worked, his address and proof he owned his own home and his ties. After the border guard read that he let me go (had to sit around the airport another 8 hours for the next flight). I was allowed to stay the 3 months. Since that time and our filing of the CR1 I haven't had any more problems with crossing. Maybe do up a letter similar to the one I had.

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Much of it is common sense,lol--drive down with a car load of stuff, chances your going to have a rough time gaining entry. Us the term "Live" is going to make it harder,lol--ur VISITING! If the POE guard figures your going to Live there, good chances ur going to be denied! Its not always clear and cut. Many of us have no problems while others do. I traveled monthly to DC from Halifax and not a single hiccup. Always traveled light, even if i was going for 3 weeks and followed whats in my signature. cheers


Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

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