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dazedandconfused2

Married to US Citizen, left to visit Canada but now denied re-entry to the US by CBP officer -- Help!

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I recently got married to an American, I am Canadian. Canadians don't need visas and can visit the US for a period of 6 months per year. I am at 108 days so far on my last trip. 

I am eventually planning to adjust my status either with my spouse coming to Canada or me moving to the US. 

 

But for now, I was staying with her in the US.

 

I did a dumb thing recently, and left the country for a quick trip with the intention of coming back to the US (I left all my stuff there also). When I tried to return they asked me if I am married to a US citizen (I don't know why as the marriage was a month ago). I was honest and said yes. 

 

The flight attendant told me to wait while he gets a custom officer. The customs officer asked me if I had considered moving to the US and getting my paper work done for my marriage based green card. I did not understand the law and said yes, not realizing what I was admitting to. What I had meant to say was we were considering it in the future but for now I have too much keeping me in Canada (we will reassess in Summer). 

 

The officer said he cannot let me into the country because I had just admitted to him that I was planning to adjust my status, and told me I need to go back to Canada and can only apply for a visa to see my spouse from here on out, or apply for the green card process. We have not sent any paper work in regarding this, just done preliminary research. I just did not realize what he was asking me at the time. 

 

I need to go back to the US to visit my spouse, collect my belongings (I basically brought my entire life, and left it there, like my house keys to my place in Canada, for example), etc. 

 

Can someone please give me advice on how I get back? Is it on record now that I want to adjust my status? Because this is not the reality. I am so lost. 

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Filed: K-1 Visa Country: Wales
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Well the urgent stuff will be down to your spouse, presumably there is no reason why they can not visit Canada? There will be quarantine requirements but presume you are aware of those.

 

You can not enter as a tourist to adjust your status, that is immigration fraud and why you were refused entry. Visiting as a tourist in the near future seems unlikely.

 

Basically you now need to determine what you want to do, who will be the one moving,


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: F-1 Visa Country: Kenya
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Well, if your information as noted down, you will be flagged anywhere, regardless of if you're attempting land or another air. 

Honestly, I think CR-1 is the only option left for you. I will let others chime in.

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Filed: K-1 Visa Country: Wales
Timeline
7 minutes ago, dazedandconfused2 said:

Is my passport flagged now? So the US is basically saying I cannot see my spouse even for a month without adjusting my status? 

They are saying you can not visit the US, you could try again but you are in the system, why should they change their mind?

 

Your spouse can presumably visit you.

 

 


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
Timeline
Just now, dazedandconfused2 said:

If I don't get approved for a B2 visa, which seems unlikely at this point because they know I have a spouse, my only other option is CR1 visa

 

Is there any estimates on the time line with covid? I can't believe I'm locked out of seeing my partner and the US now. 

2 years? Difficult to tell, used to be 15 months but Covid has thrown a spanner in the works.

 

Now if your spouse moves to Canada no doubt very different process.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (pnd) Country: Haiti
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Posted (edited)
4 minutes ago, dazedandconfused2 said:

I am working online, and only brought my key possessions because I planned to rent my place out short term while I was away. I still have ties to Canada 

 

Having a wife from the US in and a job where you can work from home shows very little ties to Canada unfortunately. Like you stated you were able to rent your place while you were in the US – little ties to Canada. Additionally you were not allowed to work in the US without having  a working permit. I know this is not what you wanna hear but you were right in being denied. Either apply for a B2 visa or CR1. Good luck.

 

edited -talk to text was incorrect 

Edited by Luckycuds

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

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