Red Flagged at Border, anyone else? What are my chances...

[Hannah777 8]

Hi Everyone, I was REALLY ignorant to the laws of the land back in September 2012 when I tried to return to the USA after already being there for just under 6 months. I tried to recross to visit my boyfriend only a week after returning. I was pulled into secondary for a 3 hour interrogation and my luggage and car were stripped (carpet even torn out of the trunk). I have no criminal background. I had no proof of ties and at the time I wasn't engaged. Of course I was denied entry. I wasn't told a time frame of when I was allowed to "try" to visit again. It's been almost 8 months now. The 7 officers interrogating me did say I was trying to illegally cross the border and I'd mooch off of the USA-they kept saying it over and over like they wanted me to admit something like that. I will never mooch and I'm as goody-goody as they get.

K1 was filed April 3/13. I have the page long list of things the border officer has requested me to bring when I do try to go back. I'm definitely prepared now. My questions to all of you who've been through this:

1) Has anyone ever been denied entry again even after having everything required? (I know it's up to the individual border officer)

2) If they've let you cross, has anyone had their passport stamped for a specific date they have to come back to Canada?

3) I plan on visiting in June for 2 1/2 weeks-yes i have return flight booked. I also plan on visiting again Sept 1. Will that look suspicious to them that I'm visiting just under 2 months from the June visit?

[Hypnos 6,576]

In general, on a tourist visa you must spend more time outside of the US than inside of it, so six months out of the year should be spent outside of the US.

It is completely CBP's prerogative whether to admit you and for how long. They could hassle you but let you in for a shortened duration, or just not admit you at all. As you indicate, it is entirely up to the officer on the day.

[Hannah777 8]

In general, on a tourist visa you must spend more time outside of the US than inside of it, so six months out of the year should be spent outside of the US.

It is completely CBP's prerogative whether to admit you and for how long. They could hassle you but let you in for a shortened duration, or just not admit you at all. As you indicate, it is entirely up to the officer on the day.

Yes, I know all that. I'd like to hear anyone's personal experiences if there is any.

[apple21 953]

I don't know the answers to your inquiries, but, if I were in your shoes I would stay clear of crossing the border (for now). Wait until you have your K1 visa before going to the US. Have your fiancee visit you instead.

Good luck.

[Hannah777 8]

I don't know the answers to your inquiries, but, if I were in your shoes I would stay clear of crossing the border (for now). Wait until you have your K1 visa before going to the US. Have your fiancee visit you instead.

Good luck.

Well, I'm definitely going to try to visit. He's visited me twice now and my heart wants to visit! Many have visited before their K1's have gone through and I'm wondering if any of them have been flagged at the border.

[hikergirl 277]

There are definitely Canadians who were flagged at the border and then managed to recross a few days or a few weeks later once they had proof of ties. I believe one of them was Saylin. I will try and find you some threads as examples.

You will probably have to go into secondary to show your proof so make sure you go through customs as early as you can. (YYC is 2 hours prior)

[hikergirl 277]

Here are some threads for you to look at: #7

http://www.visajourney.com/forums/topic/299293-canadian-bf-got-denied-at-the-canus-border-can-he-try-again/

#13

There are plenty of more examples etc if you dig for them.

Other members who have been red-flagged from Canada recommend in addition to your proof of ties is to bring your petition with you and your NOA1 and/or NOA2.

Good luck!

Edited May 6, 2013 by hikergirl

[Kathryn41 3,205]

I have also heard of people crossing the border with their proof of ties to Canada and having their passports stamped for a date that was less than requested. In the cases I recall, however, they were planning for 2 months and were cut back to 2 weeks or things like that. If you have all of your documents in order - and add a copy of the K-1 petition and everything you have received to date in reference to it, to your file, - and are planning on going for a shorter time like the 2 1/2 weeks plus have your return flight booked, I would guess you will probably be fine. I think you should expect to go into secondary, but you can view it from the position that you were ignorant of the requirements before and thank them for providing you with the information you needed to reassure the border authorities that you have no intention of violating US immigration laws and appreciate the opportunity to be better prepared for your visits.

A second visit in September, as long as it isn't a long one either, and as long as you have current and up to date evidence of your ties to Canada, plus your return ticket, shouldn't cause you a denial either.

That being said, it will be up to the border authority when you cross and they 'may' deny you entry, it is likely that if you show that you have taken their advice and the lesson you learned 8 months ago to heart, are prepared for the visit and can prove your intent, plus you have started the appropriate immigration paperwork, you will probably be fine.

Read over the list of advice posted at the bottom of Flames9's posts - it is good to keep in mind .

Good luck!

Edited May 6, 2013 by Kathryn41

[vazpayne19 24]

Hi Everyone, I was REALLY ignorant to the laws of the land back in September 2012 when I tried to return to the USA after already being there for just under 6 months. I tried to recross to visit my boyfriend only a week after returning. I was pulled into secondary for a 3 hour interrogation and my luggage and car were stripped (carpet even torn out of the trunk). I have no criminal background. I had no proof of ties and at the time I wasn't engaged. Of course I was denied entry. I wasn't told a time frame of when I was allowed to "try" to visit again. It's been almost 8 months now. The 7 officers interrogating me did say I was trying to illegally cross the border and I'd mooch off of the USA-they kept saying it over and over like they wanted me to admit something like that. I will never mooch and I'm as goody-goody as they get.

K1 was filed April 3/13. I have the page long list of things the border officer has requested me to bring when I do try to go back. I'm definitely prepared now. My questions to all of you who've been through this:

1) Has anyone ever been denied entry again even after having everything required? (I know it's up to the individual border officer)

2) If they've let you cross, has anyone had their passport stamped for a specific date they have to come back to Canada?

3) I plan on visiting in June for 2 1/2 weeks-yes i have return flight booked. I also plan on visiting again Sept 1. Will that look suspicious to them that I'm visiting just under 2 months from the June visit?

i just want to share my experience last Nov 2011 when I almost got denied at the POE in Detroit. Prior to that, I went on a 3week vacation Mar2011 and after 8mos I decided to comeback for a visit. I was also interrogated by an officer for almost 1hr30mins that almost caused me to miss my connecting flight. I guess they gave me a red flag because I was then visiting my boyfriend that time. We we're both examined by the officer (they called my BF to have a return call ASAP) at first they are not convinced on what we are saying however her last question to me if I have plans on getting married in the USA while on a Tourist Visa, definitely not because my BF was a military and we know the rules.

she stamped my passport for a 6month visit however i already have my return flight. i don't have any plans in visiting the USA via Tourist Visa because I got sa scared that they might put me on the next flight the next time I'll be travelling there.

maybe just bring some solid proof that you are going back and you dont have any intention to get married by the time of your stay.

I wish you the best of luck. I hope I helped you a little

regards

eliza

[Knobby_Wheezer 0]

I dunno. The rules must have changed since the time that I was flagged. I was told that I could not visit the USA after my fiancé had applied for the K-1 and before any visa had been secured. He, of course, could visit me---and he did.

I got flagged because I didn't know the rules either. Was held at Coutts/Sweetgrass for more than 3 hours and had the car devanned twice. I, too, was not able to prove ties at that time. However, even if I was able to prove the ties, we had not applied for any visas---furthest thing from our minds at that early time. I was told that if he had applied for a visa---and it hadn't come yet/been approved (which was over a 6-month process when we did it), that I would be turned back at the border. The reason given was that we might be trying to circumvent the immigration laws by having me sneak in and stay instead of waiting for the visa.

I didn't try to cross again until a year later and it was via the airport in Calgary. I was required to use a special paper that they provided in addition to my passport. It only allowed visits for not longer than 2 weeks and if I crossed back into Canada later than what was on the special paper I would be banned for 10 years. My fiancé wanted me to go to a 3-day concert series with him before he started the visa process---because I would not be allowed to cross during that. But, like I said, that portion of the requirements may have changed.

Not sure if this is helpful, but you were looking for people who had experienced the Red Flag.

[Hannah777 8]

Well, I'm getting mixed stories (privately and on this forum). I wish there was an easy answer. I'm so stressed out about this.

[Kimbear 53]

Well, I'm getting mixed stories (privately and on this forum). I wish there was an easy answer. I'm so stressed out about this.

I was red flagged not once but twice back in Dec 08, on my birthday. I had no proof of ties, like you i was 100% ignorant of the laws etc. I was interrogated for 4 hours, photographed and fingerprinted, and treated like a criminal. My then fiance was also questioned and we were both put into tears. They even made me leave my dogs in the car and then had the nerve to give me cuz they were in there so long! I ended up getting a "refusal of admission paper" and told turn around and leave when it was all done. I was given a list of "supporting docs" they would need to let me in.

So i went home, got a copy of my banks statement with how much funds i had to prove i could sustain myself while in the USA, brought proof of school, and when my classes resumed. I had no job at the time and was staying currently visiting my sister in Montreal. So she wrote me a quick room and board statement.

We tried again a week later, once i had all my proof. Again i was denied, and went through the whole photo fingerprint ####### again.

Fast forward a couple of months, after we applied for the K1, got a lawyer etc. I moved, got my own place with a real lease in Windsor, so i could be within driving distance of my fiance. Eventually i did try and cross again, i brought my lease, a copy of our k1 showing we were doing things the right way, I still had no job, was living off my savings from selling my house.

This time I WAS allowed in. I clearly explained i was only there for a month, since my mother in law was makign the wedding dress, i explained i needed to get the measurements done, look for venues for the wedding and start planning, which would be easier in Chicago then in Canada.

IN Secondary, They looked through the K1 petition, stamped my passport, and said "make sure you go back to Canada like you promised" and let me in.

As you can see, it is doable, you can go back and visit. whoever told you your not allowed is full of it. The border guys said your allowed to visit while doing the petition, since they KNOW you need to as proof of the relationship for the visa in the first place!

I never once had my passport stamped either. Now the only difference between me and you is that i was only there originally for 2 months not closer to 6 as you are. IMO i would not rush it just yet. wait a while. Plan everything, make sure you have as much proof as possible and definitely bring your ENTIRE K1 PACKET with you, including any notices they send you.

Also this will have no impact at all on whether you do get your fiance visa or not, just remember to mention on the forms etc when asked that YES you were refused and explain it was cuz of no proof of ties.

[JensJrny2Ray 367]

I don't have personal experience with this, other than once we filed our K1 petition, I entered the USA about 2 or 3 more times to pick him up from Seattle to come and visit me in Canada.

Since it's been 8 months, I think you should be good. You are only visiting for a couple of weeks and have a return ticket. As long as your second trip is short and has a return ticket booked then I think you should be fine with that also.

[hikergirl 277]

I have travelled to see my husband 7 times (twice since getting married) in the last 2 years without difficulty. I have always carried proof of ties and had return flights booked. I get nervous every single time and I haven’t been red flagged.

You made a mistake in trying to cross too soon after having spent our full Canadian allotment of 6 months in the US. As Hypnos said, you must show that you are spending more time outside of the US than in it - so to the border guard it most likely looked that you were attempting to live in the US without any authority. A lot of time will have passed before you fly. You have your proof of ties. You have a return flight. You should be good to go without being given too hard of a time.

Please try to keep in mind that each situation may have it’s own subtle nuances to it. People who tell you stories about trying to cross and have been refused may have overpacked (don’t show up at the airport for a “2 week visit” with 5 gigantic suitcases - it looks suspicious), they may have incurred an actual ban which requires a waiver, they may be from a country that has a high instance of visa fraud and overstays so are looked at much harder than Canadians.

Good luck!

[Kimbear 53]

I have travelled to see my husband 7 times (twice since getting married) in the last 2 years without difficulty. I have always carried proof of ties and had return flights booked. I get nervous every single time and I haven’t been red flagged.

You made a mistake in trying to cross too soon after having spent our full Canadian allotment of 6 months in the US. As Hypnos said, you must show that you are spending more time outside of the US than in it - so to the border guard it most likely looked that you were attempting to live in the US without any authority. A lot of time will have passed before you fly. You have your proof of ties. You have a return flight. You should be good to go without being given too hard of a time.

Please try to keep in mind that each situation may have it’s own subtle nuances to it. People who tell you stories about trying to cross and have been refused may have overpacked (don’t show up at the airport for a “2 week visit” with 5 gigantic suitcases - it looks suspicious), they may have incurred an actual ban which requires a waiver, they may be from a country that has a high instance of visa fraud and overstays so are looked at much harder than Canadians.

Good luck!

Strongly agree with the bolded part. take necessities only. My mistake was too much stuff as well as my dogs and dog food etc etc.