Concerns about flying to the US.

[TYosemite 14]

I wasn't sure where to post this topic, this is the closest I could get. 

 

So a little backstory, I'm a lawful Canadian Permanent Resident residing in Canada and have been since 2009. 

I still hold my UK citizenship and British passport, I never applied for Canadian Citizenship due to my Father being on an offshore rotation for work, so he doesn't have enough days present in Canada during the 5 year period the count for to qualify. My mum, my Dad and I moved as a family and wanting to wait to get it as a family. 

 

In 2017 I met my now fiancé, he's a US citizen. It took me a while before I started travelling over there, but we both live just outside Niagara Falls (him on the NY side, myself on the ON side). 

So for the past 2 years, we'd take turns spending the weekend at each others houses. Since I'm still a British citizen although I live in Canada, I had to refill out the form for the I-94 every 3 months (not an official visa as the UK is part of the VWP). It was suggested by a kind CBP officer that I just get an ESTA so I didn't need to fill out the forms every 3 months. So I did. 

The ESTA is still valid and will be until December of this year. 

 

We filed for the K1 last year, we're currently at our NOA2 stage, it had just reached the consulate and we'd gotten our first ready before everything shut down for COVID-19.

 

My problem lies in the fact that over Valentines Day in February of this year, I did was I would normally do, I walked over the Rainbow Bridge and handed over my passport with my valid I-94 (still had a month left on it) and the CBP officer told me to sit down (which was unusual they usually just ask where I'm going, when I'm leaving and stamp my passport). He called me over some 15 minutes later after calling over a colleague and told me that I should be going home to my own country after I visit (even though I live in Canada as a permanent resident). He then told me he was going to put a note on my file and said if I tried to enter the US again he would stop my K1 from being processed. I wasn't then turned away at the border, he let me through. 

I spoke to my immigration lawyer and also my fiancé's coworker spoke to her husband who works for CBP, they both said they had never heard fo this happening and told me not to worry. 

 

Fast forward to now, with the land borders being shut down I haven't seen my fiancé since March. He had started visiting me every weekend after this debacle happened at the border. 

I want to fly from Toronto to Buffalo as travel is still allowed by air if you have an ESTA. I'm worried about this note on my file, even though everyone told me its BS. 

I'm not sure how to go about filing a FOIA for that specific information, I've tried calling CBP twice but have been on hold for 2 hours so I gave up. 

 

Has this ever happened to anyone else before? I hadn't overstayed, my I-94 was still valid, I was only coming in for the weekend and my ESTA was also valid. 

I'm not sure why he had a problem with me but I could tell from the beginning of our interaction that it wasn't going to go well. 

[Crazy Cat 39,666]

The CBPO cannot stop your K-1.  What would be the rationale for even trying to do so? Are you sure you understood what the CBPO said?  It sounds like he meant you have been entering too often, and you need a K-1.  That has happened before.  

Be aware that EVERY entry is at the discretion of CBP.

[TYosemite 14]

1 minute ago, Lucky Cat said:

The CBPO cannot stop your K-1.  What would be the rationale for even trying to do so? Are you sure you understood what the CBPO said?  It sounds like he meant you have been entering too often, and you need a K-1.  That has happened before.  

Be aware that EVERY entry is at the discretion of CBP.

Thats what my immigration lawyer told me. 

He knew I had filed for my K-1 visa, he asked after I told him I was going to visit my fiancé for the weekend and he was waiting in the parking lot on the other side of the building to pick me up. 

 

He most definitely told me that "I'll let you through this time but I'm going to put a note on your file, if you try to enter again it'll stop your K-1 from processing and you'll be banned from entering the US".

 

I was only entering every maybe 3 weeks, for 2-3 days at a time. As someone that lives on a border town, my Mum and I would enter almost every weekend to grocery shop at Wegmans (their foods better) on our I-94. I'd been travelling at the same rate for the past 2 years with no issues, everyone was actually always super nice at the border trying to give me tips on filing my K-1. I understand its at the discretion of the CBP agent I see however I'm just worried that this note is a very real thing.

[Crazy Cat 39,666]

1 minute ago, TYosemite said:

He most definitely told me that "I'll let you through this time but I'm going to put a note on your file, if you try to enter again it'll stop your K-1 from processing and you'll be banned from entering the US".

To my knowledge, the only way your K-1 could be stopped is if you were admitted, then removed.  That would bring an automatic 5 year ban.......which would require a waiver.

[TYosemite 14]

4 minutes ago, Lucky Cat said:

To my knowledge, the only way your K-1 could be stopped is if you were admitted, then removed.  That would bring an automatic 5 year ban.......which would require a waiver.

To the best of your knowledge, do you think it would be okay for me to fly down there then?

[Crazy Cat 39,666]

3 minutes ago, TYosemite said:

To the best of your knowledge, do you think it would be okay for me to fly down there then?

After being warned?  Are you a gambler?  Let me call in a couple experts.

@geowrian @Jorgedig

[TYosemite 14]

Just now, Lucky Cat said:

After being warned?  Are you a gambler?  Let me call in a couple experts.

@geowrian @Jorgedig

I mean he let me into the country after telling me that. 

I hadn't overstayed on anything and my immigration lawyer told me that I would be fine. 

I just really wanted to triple check because I can't check to see if theres a note on my file. 

[Crazy Cat 39,666]

1 minute ago, TYosemite said:

I mean he let me into the country after telling me that. 

I hadn't overstayed on anything and my immigration lawyer told me that I would be fine. 

I just really wanted to triple check because I can't check to see if theres a note on my file. 

If there is a note on your file, the next CBPO will see it......and that officer has complete discretion for your entry.  

[geowrian 22,336]

CBP has no authority to directly impact visa processing. They can't make them deny the I-129F or refuse the visa.

What they can do is issue an expedited removal, which would then be an inadmissibility for the visa - requiring a waiver or to wait 5 years. It does not appear they have done so at this time.

 

However, it does sound like they put a flag/watch for future entry. The CBPO will be able to see this and it may or may not influence their decision to admit you. An expedited removal is unlikely IMHO, but is always possible at any application for admission.

[TYosemite 14]

8 minutes ago, geowrian said:

CBP has no authority to directly impact visa processing. They can't make them deny the I-129F or refuse the visa.

What they can do is issue an expedited removal, which would then be an inadmissibility for the visa - requiring a waiver or to wait 5 years. It does not appear they have done so at this time.

 

However, it does sound like they put a flag/watch for future entry. The CBPO will be able to see this and it may or may not influence their decision to admit you. An expedited removal is unlikely IMHO, but is always possible at any application for admission.

Is there any way I can find out if there is an actual flag? 

Is there any way to enquire about having it removed, his worry was that I just wasn’t going to leave the US.

However I have a job in Canada & would have a return ticket to come back, I have plenty of proof that I would be returning to Canada. 
 

I believe he gave me a harder time because of my British passport, he didn’t even enquire about where I lived and him telling me I need to go back to the UK once I leave the US leads me to believe he wasn’t aware I lived 20 minutes away in Canada as a lawful permanent resident.

 

With everything going on and everything being shut down our wedding was cancelled and had to be rescheduled and I would love to be able to see my fiancé after 4 months. It’s been incredibly hard on him. Especially since we only live about 30 minutes away from one another, he can’t come here because of Canada’s restrictions on travel at the moment whether it be land or air. 

[geowrian 22,336]

2 minutes ago, TYosemite said:

Is there any way I can find out if there is an actual flag? 

Is there any way to enquire about having it removed, his worry was that I just wasn’t going to leave the US.

However I have a job in Canada & would have a return ticket to come back, I have plenty of proof that I would be returning to Canada. 
 

I believe he gave me a harder time because of my British passport, he didn’t even enquire about where I lived and him telling me I need to go back to the UK once I leave the US leads me to believe he wasn’t aware I lived 20 minutes away in Canada as a lawful permanent resident.

 

With everything going on and everything being shut down our wedding was cancelled and had to be rescheduled and I would love to be able to see my fiancé after 4 months. It’s been incredibly hard on him. Especially since we only live about 30 minutes away from one another, he can’t come here because of Canada’s restrictions on travel at the moment whether it be land or air. 

Only possible way to know what is on your record is a FOIA request. Even then, there is a good chance that information like notes would be redacted/blacked out.

 

The job in Canada to return is good. I would suggest having a letter from the employer indicating when you are due back to work.

A return ticket is a requirement for any VWP traveler. Even then, literally almost every person who entered by air and then overstayed or filed to stay permanently had a return ticket that went unused. Don't take it personally, but a return ticket is pretty useless in terms of intent to return home...it takes more effort to use it than not use it.

 

It may be a bit less common to get VWP travelers at a land border, but honestly it would be surprising to hear that they were giving somebody an issue because strictly of a UK passport. UK travelers are generally one of the least scrutinized IMO.

My guess is that the specific officer that just got rubbed the wrong way for some reason, not necessarily anything with you or being British or whatever.

[TYosemite 14]

7 minutes ago, geowrian said:

Only possible way to know what is on your record is a FOIA request. Even then, there is a good chance that information like notes would be redacted/blacked out.

 

The job in Canada to return is good. I would suggest having a letter from the employer indicating when you are due back to work.

A return ticket is a requirement for any VWP traveler. Even then, literally almost every person who entered by air and then overstayed or filed to stay permanently had a return ticket that went unused. Don't take it personally, but a return ticket is pretty useless in terms of intent to return home...it takes more effort to use it than not use it.

 

It may be a bit less common to get VWP travelers at a land border, but honestly it would be surprising to hear that they were giving somebody an issue because strictly of a UK passport. UK travelers are generally one of the least scrutinized IMO.

My guess is that the specific officer that just got rubbed the wrong way for some reason, not necessarily anything with you or being British or whatever.

Thank you for the information.

 

I was planning on bringing with me my two most recent paycheque stubs, the confirmation for my filing for my taxes for Canada & I can bring the letter of return for work. 

As well as my Canadian Permanent Resident Card, OHIP health insurance card as well. 
 

Is there anything else I can bring with me, I live with my parents so I don’t have any utility bills I can bring. I’ll have the exact address I’m staying at the entire time & the name of my fiancé as well. 
 

I requested a FOIA anyways just in case. 
I also haven’t travelled to the US since the beginning of February. 

[SalishSea 16,904]

On 7/20/2020 at 9:46 AM, TYosemite said:

believe he gave me a harder time because of my British passport, he didn’t even enquire about where I lived and him telling me I need to go back to the UK once I leave the US leads me to believe he wasn’t aware I lived 20 minutes away in Canada as a lawful permanent resident.

Is this status not clearly demarcated in your passport?  He had to have seen it.

 

Sounds to me like you received a warning for frequent visits.  ESTA/B visas are not meant to be used for essentially living in the US.

 

Btw, you really do not want to have your ESTA removed.  I'd use it judiciously.

[SalishSea 16,904]

On 7/20/2020 at 9:46 AM, TYosemite said:

Is there any way to enquire about having it removed, his worry was that I just wasn’t going to leave the US.

They won't remove notes on your file, even if the worry about you crossing to AOS was 'unfounded.'  

 

The notes, just like chart notes in a medical record, are a way for one person to communicate to the hundreds or thousands of others who may need to access the record.

[TYosemite 14]

5 hours ago, Jorgedig said:

Is this status not clearly demarcated in your passport?  He had to have seen it.

 

Sounds to me like you received a warning for frequent visits.  ESTA/B visas are not meant to be used for essentially living in the US.

 

Btw, you really do not want to have your ESTA removed.  I'd use it judiciously.

No my PR status isn’t marked anywhere in my passport. I have my British Passport & then a separate PR ID card. I only hand my PR card over with my passport to the Canadian Border Officials on my way back home.

 

I mean I definitely didn’t overstay, I was only visiting every other weekend & sometimes not for 3-4 weekends as my fiancé would just come up to me for a few weekends more. 
 

I’d never had any problems before, everybody had always been incredibly nice, I guess this guy just didn’t like me that night.