Girlfriend denied at POE. Canada to US

[Fandango 1,439]

OP, have you met in person yet? If so, I'd contemplate just filing the K-1 if that's what you were going to do anyway. If you want to get married in Canada and pursue a CR-1, then perhaps a trip for you to go there in in order.

Or, maybe a trip for you to go there is in order anyway. It would certainly seem like the 'safer bet' imo.

It's going to be a gamble buying her another ticket, and no one here can give you any sort of guarantee. The biggest thing when visiting on the VWP is 'proof of onward passage', which, as you know by now, is where you two mucked up in the first place.

A bit of friendly advice: before you proceed with any visa, please familiarize yourself with the process, so a small oversight like this one won't jump in the way of your process. Knowledge is power.

[Flames9_RN 358]

http://www.visajourney.com/content/compare

[Boiler 43,429]

OP, have you met in person yet? If so, I'd contemplate just filing the K-1 if that's what you were going to do anyway. If you want to get married in Canada and pursue a CR-1, then perhaps a trip for you to go there in in order.

It's going to be a gamble buying her another ticket, and no one here can give you any sort of guarantee. The biggest thing when visiting on the VWP is 'proof of onward passage', which, as you know by now, is where you two mucked up in the first place.

Canadians do not use the VWP.

Single tickets are usually more expensive than returns.

If she was coming for a week and the return had not been bought, then that would just leave a couple of days to buy it an we all know how expensive last minute tickets are.

She has no job, no ties, cold in Canada at the moment so why was she just going for a week?

[Flames9_RN 358]

I used to go down for just 3 days from Halifax to DC!! lol

[FireKari 4]

Her parents can sign an afidavit saying that yes she does indeed live with them.

That was basically what my parents did for me.

[Boiler 43,429]

Why would they disbelieve you?

[coraliesolms 47]

Why not go and visit her in Canada? I know its not exactly what you want, but if she has weak ties to Canada and has been denied once at the border, chances are it will happen again. And THEN it starts to look hella suspicious... because she keeps trying to cross the border.

Your best bet is to visit her in Canada, and if you are really happy with things, then file the K-1.

Good luck!

[Canadiandggal 49]

I have to agree with everyone , The one way ticket is probably what did it. I think you guys would have been ok if you had sent

her the money for a round trip. I flew from toronto to Maryland more than a few times and I know from searching for the best

deals one ways tend to cost much more than round trips... (I even went crazy and took a one stop trip just to save some cash.)

I read all these stories about people being denied and consider myself extremly lucky because when I flew I never had any ties

to Canada (at that point I had not found VJ and we were just dating). When I/we started driving across I still did not bring

any ties. Only when we actually filed the I130 did I find out that I needed to bring stuff with me. From there I brought a

letter from my mom staying I stayed with her, bank statements, filing papers for the spouse visa, and any custody papers.

I think that it will probably be best if you file the k-1 and just visit her for now.

Good luck

[iampatricias 17]

I read all these stories about people being denied and consider myself extremly lucky because when I flew I never had any ties

to Canada (at that point I had not found VJ and we were just dating). When I/we started driving across I still did not bring

any ties.

Same here - I crossed back and forth countless times without preparing any kind of evidence, never having been asked any questions, until I was caught entirely unprepared and told I'd been risking denials all these years. Every time I cross, I worry I'll learn about some other rule I've been breaking unknowingly.

[Flames9_RN 358]

Its not a "rule" that one has to show evidence of returning to Canada-- BUT its up to YOU-- if asked to groove that you will be returning to Canada. The POE officer doesn't have to grant you entry to the USA, its that plain and simple--even with the best evidence that ur returning. I was never asked for evidence, but had it with me.

Over the years their have been many stories here on VJ where the person felt they were going to be denied entry on their way to visit in the USA, but they had proof of ties to Canada.

[GnBnL 50]

This exact thing happened to me and I don't blame her for being scared...it is terrifying because they interrogate you in a room and leave you alone for periods of time, and I was threatened I would be arrested, and banned...I had not seen my man for several months, and I just wanted to go back to him. I had previously lived there, and left while a work visa was pending which was later denied, so I have even more against me. At this time, we didn't know about the K-1 and I had a one way ticket, tons of luggage, and my SSC on me. In retrospect, it looked really bad on my part I totally admit. She can cross, and it will be ok. She's not doing anything illegal. Get your K-1 filed, and proof of strong ties whatever you can think of! It will be ok! she's not banned, and although it makes you feel like a criminal at the time, she did not do anything wrong.

Good luck!

[CDAgirlMI 51]

Not sure why so many people are responding with "Get the K-1 filed". Maybe they're not at that stage yet. He did say "girlfriend".

[BloodyRoses 0]

I was denied entry in Aug of 2006, then I re-entered the US in Novemeber 2007. I never had a problem getting into the US. It was quick, few questions.. and that was it.

I don't think they "flag" people for more than 24 hrs after the denial. In 2006, the customs agent told me I would be inadmissible to the United States for 24 hrs from the date I received the rejection notice.

[CanadiaGirl 10]

I have crossed many times to the US for a month at a time. The length of stay usually indicates right off the bad a poor tie to Canada. that you or a work related vacation of some sort.

Without a doubt the one way ticket was what set it off. You have to think of things in terms of what you'd think if you were in their shoes. They have to treat every situation and person the same. If you make it harder for them to believe the story they'd rather be safe then sorry. (having a one way ticket). Logically if I saw this that would be more of a red flag then someone driving over the boarder for a month with minimal baggage. We had to go into Customs many times during our travels. I also had no ties what so ever to Canada. What helped me was being honest and telling them, " The best I can give you is my word. That and the fact that I always came back when I said I would with or without the I-94. Sometimes they'd let me go without the visitor visa. Others they'd give me the visa. Another HUGE thing that helped was that we had started the visa process and ALWAYS traveled with any of our visa documentation.

What you'll have to do next time since she is flagged is try to ensure she has proof of ties. For many the proof of ties aren't that bad but once you're flagged you will be scrutinized heavily and expected to bring any and all information you can. I've been told bank statements proving you can provide for yourself and that you still have money going in your Canadian bank account. I would try to ensure you are reading everything on here in terms of crossing. This is one thing that is mentioned many times if you are flying to have a return ticket.

I'm really sorry this has happened perhaps it's time for you to contemplate going to visit her. It may make things easier for you both. However I'd take sunshine and beaches any day over snow .

[mandaNchris 3]

One time when I was crossing My Aunt and Uncle were bringing me to the detroit airport, I only had a one way ticket, I got pulled into secondary and questioned. They didnt like that I only had a one way ticket and the only reason they let me cross was because my Aunt offered to buy me a return ticket right then and there. I got a big lecture about having to have a return ticket and proof of ties to Canada. Needless to say, I never made that mistake again. Each time I crossed after that we got sent into secondary but I have never been turned away.

Next time make sure she has a round trip and bring bank statements, a letter from her parents saying she lives with them and they are expecting her home on whatever date her return ticket is for and anything else that can show she lives in Canada and has to return (doctors appointments, interview dates etc.)