Bringing Canadian wife to US... complicated

[med1 0]

Hello,

Wanted to find out any info/advice on bringing my wife from Canada

Background:

I am currently a GC holder, waiting on my citizenship to go through

She is a Canadian citizen who studied in the US on a B1 for the past 2 years, we got married (court, didn't tell anyone not even our parents due to complicated family situation) last july in the US

What happened?

During a recent border crossing from Canada to the US we were detained for further inspection.

She was granted a B1 visa for schooling which finished in March, but the visa was valid until august so that she could continue to study for her final exams which are end of July.

We were not aware that getting married changes the B1 status nor that it mattered, upon questioning we did not admit to being married initially- We never did it to be subversive but out of habit to keep things simple.

We did finally admit to being married after further questioning b/c what was the point really, the CBP weren't our parents and even if he was just trying to call our bluff i'm sure he could have found out for sure and not admitting it at this point would make this worse.

Well he took away the B1 and was denied entry. Also, now she is not allowed to enter the US until the correct paperwork has been filed b/c she is labelled with "intent to immigrate"

This does not make any sense to me as she is a Canadian citizen who doesn't need a visa in the first place just to visit, as canadians can stay in the US upto 6 months without any visas.

This is troubling because we have commitments to school that are paramount to us being married, if she can't enter the country to take exams or go for interviews this could be detrimental to her career.

She is told that her only option to enter the US is "paroled entry" which must be pre-approved for every visit now.

She has been granted a 4 day parole to gather her stuff and return.

How does this make sense being a Canadian citizen? She has student loans in Canada, she has her family in canada, etc. The only thing that is in the US is me.

What can we do to have her be able to freely enter the US again?

Our plan as of now is just to wait on my citizenship and then file for her GC or IR1/CR1 - not sure what will be the quickest/best route (she will need to be able to work in the US) But time is off the essence and she needs to be able to return by Oct/Nov of this year for interview season.

Any info is greatly appreciated.

Thanks!

Edited April 23, 2013 by med1

[stevie b 141]

Hello,

Wanted to find out any info/advice on bringing my wife from Canada

Background:

I am currently a GC holder, waiting on my citizenship to go through

She is a Canadian citizen who studied in the US on a B1 for the past 2 years, we got married (court, didn't tell anyone not even our parents due to complicated family situation) last july in the US

What happened?

During a recent border crossing from Canada to the US we were detained for further inspection.

She was granted a B1 visa for schooling which finished in March, but the visa was valid until august so that she could continue to study for her final exams which are end of July.

We were not aware that getting married changes the B1 status nor that it mattered, upon questioning we did not admit to being married initially- We never did it to be subversive but out of habit to keep things simple.

We did finally admit to being married after further questioning b/c what was the point really, the CBP weren't our parents and even if he was just trying to call our bluff i'm sure he could have found out for sure and not admitting it at this point would make this worse.

Well he took away the B1 and was denied entry. Also, now she is not allowed to enter the US until the correct paperwork has been filed b/c she is labelled with "intent to immigrate"

This does not make any sense to me as she is a Canadian citizen who doesn't need a visa in the first place just to visit, as canadians can stay in the US upto 6 months without any visas.

This is troubling because we have commitments to school that are paramount to us being married, if she can't enter the country to take exams or go for interviews this could be detrimental to her career.

She is told that her only option to enter the US is "paroled entry" which must be pre-approved for every visit now.

She has been granted a 4 day parole to gather her stuff and return.

How does this make sense being a Canadian citizen? She has student loans in Canada, she has her family in canada, etc. The only thing that is in the US is me.

What can we do to have her be able to freely enter the US again?

Our plan as of now is just to wait on my citizenship and then file for her GC or IR1/CR1 - not sure what will be the quickest/best route (she will need to be able to work in the US) But time is off the essence and she needs to be able to return by Oct/Nov of this year for interview season.

Any info is greatly appreciated.

Thanks!

visiting the states is a privilege not a right of passage.. the cbp always has the last say at the border.

I hope someone here has an answer about the intent to immigrate issue and filing a cr-1.

Lying about your relationship is a serious problem and it has now been documented.. might be time for one of those free consults with an immigration attourney

[med1 0]

visiting the states is a privilege not a right of passage.. the cbp always has the last say at the border.

I hope someone here has an answer about the intent to immigrate issue and filing a cr-1.

Lying about your relationship is a serious problem and it has now been documented.. might be time for one of those free consults with an immigration attourney

I don't think it is a right (definitely not any sort of right of passage! lol) but as a Canadian it is a privilege that is freely enjoyed without many restrictions that other countries have and those are rights bound by laws/treaties, etc. The discretion of CBP is too broad and un-regulated.

We are considering the lawyer route, but being heavily in student loan debt it's a bit of an issue... hence i've come here.

Thank you for your comments and i too hope someone has some relevant information to aid me.

Edited April 23, 2013 by med1

[speedwell 224]

She can freely enter the US now only with an approved visa. She no longer qualifies for visa waiver. Fortunately the issue of being turned away because of being suspected of being an intending immigrant will not prejudice her later application for an immigrant visa (that's what it's for after all) and probably won't prejudice an application for a nonimmigrant visa if she chooses to apply. She doesn't seem to qualify for an expedited visa based on the qualifications for expediting.

[med1 0]

She can freely enter the US now only with an approved visa. She no longer qualifies for visa waiver. Fortunately the issue of being turned away because of being suspected of being an intending immigrant will not prejudice her later application for an immigrant visa (that's what it's for after all) and probably won't prejudice an application for a nonimmigrant visa if she chooses to apply. She doesn't seem to qualify for an expedited visa based on the qualifications for expediting.

Thank you for your response, i was wondering if you could clarify a few things for me.

What visa(s) are you referring to? Do you think it would be possible for her to come back on a valid student/tourist visa B1 or similar?

Immigrant visa as in a CR1 and/or I-130?

non-immigrant visa as in a B1 or something similar?

What are the qualifying criteria for an expediated visa?

[speedwell 224]

Thank you for your response, i was wondering if you could clarify a few things for me.

What visa(s) are you referring to? Do you think it would be possible for her to come back on a valid student/tourist visa B1 or similar?

Immigrant visa as in a CR1 and/or I-130?

non-immigrant visa as in a B1 or something similar?

What are the qualifying criteria for an expediated visa?

I'm not referring to any specific visa. She would have to determine which ones, if any, she qualifies for. It might be useful to consult an immigration attorney.

The qualifying criteria for an expedited I-130 are cases of significant, life-threatening hardship. Losing a job would not qualify. Being pregnant and separated from the father does not qualify. Having a family member deported does not qualify. Even suicidal despondency does not qualify. Critical medical treatment for a life-threatening illness, nobody to take care of the kids or an incapacitated parent or spouse, that sort of thing, that's what qualifies.

[chaine1 116]

What visa(s) are you referring to? Do you think it would be possible for her to come back on a valid student/tourist visa B1 or similar?

It is unlikely she will be approved for anything other than an immigrant visa at this point (and if CBP recorded that she lied about being married, even that could be in jeopardy). She already has documented immigrant intent.

I hope someone who has more experience with this kind of situation replies, but I think the chances of her making it back in to take exams in July are pretty slim, and if I were you, would start making plans to that effect.

Good luck.

[NikLR 13,234]

No we refer to the CR1/IR1 spousal visa.

The expedite criteria is on the uscis website.

[chaine1 116]

Sorry, just saw that she was currently allowed a 4 day parole to collect her belongings. I don't know anything about that kind of parole, but that this probably be your best chance for her to take her exams. But getting a long-term visa in which she is allowed to stay in the USA may be out of reach until you file an immigrant visa.

[med1 0]

The CBP officer began to sympathize with us after his initial "ripping us a new one" (he was skeptical we would be allowed parole entry so soon after what happened, but he gave us his info and said he would be willing to vouche for her parole entry for her upcoming graduation) ... he also said that whatever happened will not be detrimental to her obtaining an immigrant visa and that as long as she has the proper documentation she will be allowed to enter into the US - now i don't know if that means if she has documentation that will support a B1 again, will that work or not.

When she goes for her parole entry in the next few days, she is going to ask them any info about what is written in her file and about future visas.

Edited April 24, 2013 by med1

[VanessaTony 3,567]

First, I think you mean F1, not B1. A B1 visa is not a student visa.

Secondly, she is Canadian. she lives just across the border and often some people take this for granted. Don't take offense when I tell you, being Canadian does not make her immune to US laws, nor does it make her special. She was being denied entry because you are her spouse, and because you could have filed for her GC once you became a USC. This alone give her immigrant intent. Not to mention she is in school and her "life" is in the US presently. You are supposed to bring proof of ties to Canada before entering. Your marriage does not alter the F1 (which is what I assume you mean), it can just alter her intent.

You also admit that you effectively lied by omission to CBP. Did they ask you outright if you were married and you said no? Or did they ask relationship status and you said friend? If you lied in way this also looks badly on her. This increases her immigrant risk. To them, why would you lie about your marriage unless your plans were to enter and try and AOS later?

I would file the I-130 now. It will put her in the queue. Then once your naturalise you can upgrade your petition to a citizenship petition. This will make it a lot quicker down the line (given the wait times at the moment).

I would also seek paroled entry for exams, and offer to sign a form stating you will not attempt to file for her adjustment of status while in the US. It will be her only chance. She does not have a right to enter. They do not care about her schooling or exams, they care about the laws.

Edited April 24, 2013 by Vanessa&Tony

[med1 0]

First, I think you mean F1, not B1. A B1 visa is not a student visa.

Secondly, she is Canadian. she lives just across the border and often some people take this for granted. Don't take offense when I tell you, being Canadian does not make her immune to US laws, nor does it make her special. She was being denied entry because you are her spouse, and because you could have filed for her GC once you became a USC. This alone give her immigrant intent. Not to mention she is in school and her "life" is in the US presently. You are supposed to bring proof of ties to Canada before entering. Your marriage does not alter the F1 (which is what I assume you mean), it can just alter her intent.

You also admit that you effectively lied by omission to CBP. Did they ask you outright if you were married and you said no? Or did they ask relationship status and you said friend? If you lied in way this also looks badly on her. This increases her immigrant risk. To them, why would you lie about your marriage unless your plans were to enter and try and AOS later?

I would file the I-130 now. It will put her in the queue. Then once your naturalise you can upgrade your petition to a citizenship petition. This will make it a lot quicker down the line (given the wait times at the moment).

I would also seek paroled entry for exams, and offer to sign a form stating you will not attempt to file or her adjustment of status while in the US.

It is a B1 - i know its odd, but that is what they are given to complete their clinical rotations in the US if they attended an offshore medical school.

It was a lie by omission and when asked outright I answered truthfully with explanation as to why, as i said there was no point in continuing on this route.

I understand that this would in their eyes increase her immigrant risk and we did not have any proof with us of her ties to Canada - which she has plenty ie. bank accounts, student loans, family, car... and even chance for future employment. Only thing linking her to the US, is myself.

A form stating i won't change her status? Would the be something done as to show good faith in the immigration process or something of significance?

I-130 - I was advised that filing now then doing an AOS once i become a citizen would not be looked favorably upon the application and may prolong it. Is there any truth to that?

My plan of action now is to wait for my citizenship to go through, hopefully!

once that is complete file I-130 then file for a CR-1 by Direct Consular Filing.

Are these events a likely/logical sequence or am I missing something?

Edited April 24, 2013 by med1

[chaine1 116]

My plan of action now is to wait for my citizenship to go through, hopefully! once that is complete file I-130 then file for a CR-1 by Direct Consular Filing.

No DCF - you live in the US. DCF is not an option.

You should file the I-130 now. You can update when you get your citizenship. Do a search for the procedures for that.

The only issue is what the CBP recorded regarded the lie by omission - it is embassy staff that make the decisions regarding receiving immigrant visas, not CBP. Embassy staff will look at her file and make the decision, not CBP.

[med1 0]

No DCF - you live in the US. DCF is not an option.

You should file the I-130 now. You can update when you get your citizenship. Do a search for the procedures for that.

The only issue is what the CBP recorded regarded the lie by omission - it is embassy staff that make the decisions regarding receiving immigrant visas, not CBP. Embassy staff will look at her file and make the decision, not CBP.

sorry not DCF, i meant by consular processing as opposed to adjustment of status as it is faster.

http://www.lexisnexis.com/practiceareas/immigration/pdfs/web549.pdf

[NikLR 13,234]

She will continue to be pulled into secondary for quite some time. Do not attempt to AOS aka adjust her status. This is why they denied her. Do it the legal route. File the I-130 petition now, upgrade it later, and you guys will do document and visa application through the National Visa Center. After that is a medical then an interview in Montreal.

Canada no longer has dcf.