Jump to content
DaniM

Denied at Customs for Being Married?

20 posts in this topic

Recommended Posts

Hi I'm really lost right now, and I am looking for all the help I can get for this topic. I am a Canadian citizen and me and my husband got married in the U.S. on October of 2016, we filed the CR-1 visa around December, in the CR-1 we claimed that I would be receiving my visa in Canada. I came back to Canada in November, and without knowing there would be any problems I had planned to get a trip back to U.S early January. So It's January, and they stopped me in customs, declining my travel request. They told me I wasn't able to travel because I was married and I had to wait until I received my CR-1 visa. I had no idea this would be a problem, I'm not too sure what is the problem, if there is a law that I have failed to come across about being Canadian and being married to a U.S. citizen. They said that they didn't have any proof that would show I would be coming back to the U.S. but I don't understand that when my CR-1 visa application completely states that I need to go to a U.S. embassy in Canada to receive my visa. I am at a loss for words that I am unable to even see my husband. Am I able to apply for a temporary visa to be able to see him? Are there any other solutions to this, or do I indefinitely need to wait for my application to be accepted?

Share this post


Link to post
Share on other sites

They see you as a threat to stay and adjust, that and probably believe that you're making too many trips to the USA and perhaps not enough time at home in Canada.  

 

No, there is no temporary visa.  You're flagged in the system.  If you do try again, carry strong ties to Canada with you.

Share this post


Link to post
Share on other sites

Let me get this straight - you've applied to a CR1 visa and you tried in the meantime to visit your husband under the visa waiver program? Am I correct?

 

The problem you're facing is one faced by many of us - you've applied for an immigrant visa. This means you've essentially declared your intent to move to the USA, so you need to have very strong proof that you intend to go back to Canada. Even with this strong proof,  you could be denied entrance. You may have no choice but to wait (like many many many of us here) until you're CR1 visa is approved. Sorry!

Share this post


Link to post
Share on other sites

Unfortunately, this can happen and the POE officers have a right to deny you. I guess with the frequent visits they are seeing that you are spending more time in the US than Canada.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

Share this post


Link to post
Share on other sites
3 minutes ago, agripa said:

Let me get this straight - you've applied to a CR1 visa and you tried in the meantime to visit your husband under the visa waiver program? Am I correct?

 

The problem you're facing is one faced by many of us - you've applied for an immigrant visa. This means you've essentially declared your intent to move to the USA, so you need to have very strong proof that you intend to go back to Canada. Even with this strong proof,  you could be denied entrance. You may have no choice but to wait (like many many many of us here) until you're CR1 visa is approved. Sorry!

Canadians don't do vwp.  We get usually a defacto b2 with the ability to stay up to 6 months

Share this post


Link to post
Share on other sites

While it is possible to make successful trips and visits to our fiancés and spouses, unfortunately there are situations where you are flagged and denied entry. The good news is this will have no affect on your spousal visa  and once that is approved you'll be together - but for now you'll have to stay back home. It sort of sounds like you've made too many entry/exits in too short a time frame and the CBP were unwilling to believe your intentions of going back home despite having an application pending. Abuse of the system causes such suspicions and high burden of proof.


K-1 - AOS & ROC Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo) 8/13/18 (18 mo)  - Bio: 6/27/18

 

Share this post


Link to post
Share on other sites

The same thing happened to my husband in Australia ?

He attempted to come visit and was stopped right as he was boarding the plane in Sydney. It was a very expensive decline and it was probably the biggest moment of complete disappointment I have ever experienced ?

 

Share this post


Link to post
Share on other sites
3 minutes ago, susanm26 said:

The same thing happened to my husband in Australia ?

He attempted to come visit and was stopped right as he was boarding the plane in Sydney. It was a very expensive decline and it was probably the biggest moment of complete disappointment I have ever experienced ?

 

I didn't know they had US officers in Sydney.  

Share this post


Link to post
Share on other sites
1 minute ago, Lemonslice said:

I didn't know they had US officers in Sydney.  

It was via the phone. He was stopped at the gate and was given the telephone. That is when he was questioned regarding his visit to the states and was denied

Share this post


Link to post
Share on other sites
3 hours ago, susanm26 said:

It was via the phone. He was stopped at the gate and was given the telephone. That is when he was questioned regarding his visit to the states and was denied

Very odd! If I were attempting to board a plane and got a phone call that I had been denied entry at my destination I would assume a scam. How did he know the call was genuine? Doesn't a denial have to have something in writing or stamped in your passport? I used to work on the check-in and the only time I have seen passengers denied boarding for immigration issues is when they were travelling on one-way tickets to somewhere that required a return ticket (like the USA does for VWP visitors - you must have a return ticket to enter under the VWP. Saying you will buy a ticket home when you get there - as I have also seen - doesn't work). 


 

 

 

 

 

Share this post


Link to post
Share on other sites
3 hours ago, JFH said:

Very odd! If I were attempting to board a plane and got a phone call that I had been denied entry at my destination I would assume a scam. How did he know the call was genuine? Doesn't a denial have to have something in writing or stamped in your passport? I used to work on the check-in and the only time I have seen passengers denied boarding for immigration issues is when they were travelling on one-way tickets to somewhere that required a return ticket (like the USA does for VWP visitors - you must have a return ticket to enter under the VWP. Saying you will buy a ticket home when you get there - as I have also seen - doesn't work). 

Agreed, something doesn't quite add up.  Airlines (as far as I know) don't work hand in hand with immigration officers in the manner described.  They use the IATA system to verify travel requirements.  For instance I've never heard of them talking on the phone with immigration officers.  And on top of that giving the phone to a passenger?  

Share this post


Link to post
Share on other sites
13 hours ago, DaniM said:

Hi I'm really lost right now, and I am looking for all the help I can get for this topic. I am a Canadian citizen and me and my husband got married in the U.S. on October of 2016, we filed the CR-1 visa around December, in the CR-1 we claimed that I would be receiving my visa in Canada. I came back to Canada in November, and without knowing there would be any problems I had planned to get a trip back to U.S early January. So It's January, and they stopped me in customs, declining my travel request. They told me I wasn't able to travel because I was married and I had to wait until I received my CR-1 visa. I had no idea this would be a problem, I'm not too sure what is the problem, if there is a law that I have failed to come across about being Canadian and being married to a U.S. citizen. They said that they didn't have any proof that would show I would be coming back to the U.S. but I don't understand that when my CR-1 visa application completely states that I need to go to a U.S. embassy in Canada to receive my visa. I am at a loss for words that I am unable to even see my husband. Am I able to apply for a temporary visa to be able to see him? Are there any other solutions to this, or do I indefinitely need to wait for my application to be accepted?

https://www.dhs.gov/dhs-trip - DHS Traveler Redress Inquiry Program - worth a bookmark  -  "unfairly detained during your travel experience" or "unfairly" denied entry into the United States Or "U.S. government's record of your personal information is inaccurate."

Share this post


Link to post
Share on other sites

This is a direct effect of those people entering the US as a tourist and adjusting status, more scrutiny for legitimate visitors married to USCs who just want to come visit for awhile and go home. :( Hopefully Trump and the republicans remove the adjustment from tourist visa/vwp option, which should remove some of that scrutiny and make it easier for family coming to visit. 

 

A good rule of thumb when visiting the US as a tourist is to have three times as much time out of the US as you do inside. E.g if you visit for two months, stay in your country for six months before returning to the US.

 

When married to a USC, it's also a good idea to bring strong ties to your home country, e.g letter from your employer, rental agreement/mortgage deed etc.


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×