Canadian husband denied US visit (split)

[MissMyHusband 22]

My husband is a Canadian citizen. We were married in Jan 2018 and our 1 130 was accepted in Feb. He tried to visit me last week and they denied entry stating that he was a flight risk. He even had an email letter from his manager stating that he was expected to return to work in Canada. Now he is afraid to try again. I am flying to Canada to visit him, but really want him to be able to come to the US. Anyone else having a similar situation but with a better outcome?

[geowrian 22,336]

How often did he visit in the past, and for how long? Who denied him exactly (the airline or CBP)? What was the precise reason given..."flight risk" is connotatively associated with a security issue or when trying to flee the country. If denied, normally it would be due to immigrant intent and assessed by CBP.

[MissMyHusband 22]

The CBP.....He visited me 180 days in 2017. The very last time he came in he told them we were engaged. They didn't let him in and said that he appeared to have more alignment to US then Canada b/c he just sold his home there and could sometimes work remotely. But he does have a history of visiting and returning since 2009. 

The officer gave him a list of documents to show for next time he attempted to come in. He went home and retrieved all of them, tried again the next day and they took him in the secondary, but eventually stamped his passport B2 visitor, with and end date. 

He came home and I came to Canada and we married in January of this year. We wanted to be cautious of the 180 days, so he waited to March 1 to enter. He was denied entry stating that it looked as though he had intent of staying in the US. Now he is afraid to try again. 

[ALittleBritish 91]

3 hours ago, MissMyHusband said:

The CBP.....He visited me 180 days in 2017. The very last time he came in he told them we were engaged. They didn't let him in and said that he appeared to have more alignment to US then Canada b/c he just sold his home there and could sometimes work remotely. But he does have a history of visiting and returning since 2009. 

The officer gave him a list of documents to show for next time he attempted to come in. He went home and retrieved all of them, tried again the next day and they took him in the secondary, but eventually stamped his passport B2 visitor, with and end date. 

He came home and I came to Canada and we married in January of this year. We wanted to be cautious of the 180 days, so he waited to March 1 to enter. He was denied entry stating that it looked as though he had intent of staying in the US. Now he is afraid to try again. 

OP, it may be worth reading @acidrain's post here:

She gives a detailed account of her experience. Is your husband flying or driving? 

Edited March 9, 2018 by ALittleBritish

[MissMyHusband 22]

He was flying. 

[geowrian 22,336]

On 3/9/2018 at 3:02 PM, MissMyHusband said:

The CBP.....He visited me 180 days in 2017. The very last time he came in he told them we were engaged. They didn't let him in and said that he appeared to have more alignment to US then Canada b/c he just sold his home there and could sometimes work remotely. But he does have a history of visiting and returning since 2009. 

Yeah...that's definitely a hurdle. That's a lot of time in the US followed by not much a break before coming back to the US. Selling your home is also a red flag.

 

Quote

The officer gave him a list of documents to show for next time he attempted to come in. He went home and retrieved all of them, tried again the next day and they took him in the secondary, but eventually stamped his passport B2 visitor, with and end date. 

He came home and I came to Canada and we married in January of this year. We wanted to be cautious of the 180 days, so he waited to March 1 to enter. He was denied entry stating that it looked as though he had intent of staying in the US. Now he is afraid to try again. 

For reference, there's no 180 day limit to visit again (although there can be tax implications in some situations). But if it looks like he is living in the US instead of just visiting, then that is an issue. CBP makes that determination. The general rule of thumb is to spend at least as much time out of the US as in it, with twice as much outside being preferred.

Being married to a USC is a tie to the US, so it does set the bar higher to show that you intend to actually return home.

 

Being denied entry isn't a reason to refuse the CR-1/IR-1 visa.

[Boiler 43,676]

What does he do that gives him 6 months vacation?

[Ontarkie 13,944]

~~Hijack post removed. Member already has a thread started.~~

Edited March 14, 2018 by Ontarkie