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

[mushroomspore 3,043]

17 minutes ago, dazedandconfused2 said:

It was absolutely devastating at the time and I was just so lost I had no idea, I was stuck in the Frankfurt airport crying my eyes out on this website lol. This website and the community helped a lot (not the snarky or rude comments, but everyone else! <3) 

 

We can see each other this summer but of course, not in the US. Canada for now. 

Is there any issue if we file in a year - such as the interviewer asking us why we didn't file immediately? Citing finances would be a real excuse seeing as how the conditional is an extra 680$ plus more for the lawyer etc. 

I'm Canadian too so I have also enjoyed the massive privilege of not having to do much to enter the US. I entered on a student visa back in 2013. Imagine my surprise when I learned from my classmates from other parts of the world that they had to do an interview at the US embassy/consulate in their country when I (as a Canadian) did not have to undergo any such interview for the student visa.

 

That said, it's a catch-22 because while we get to enjoy certain freedoms, those freedoms are not absolute and we are subject to the same consequences as everyone else if we don't adhere to the laws. Because we get so much freedom, a lot of Canadians aren't aware of the rules and consequences.

 

As for timing of filing, it will not matter one iota and they do not ask about that. They care about:

- Your US citizen spouse being able to financially support you

- Disclosure of your criminal history, if you have that

- That your relationship and marriage are real

Edited March 7, 2021 by mushroomspore

[Lenchick 133]

On 3/4/2021 at 11:43 AM, dazedandconfused2 said:

Hello, thank you for your reply. 

I am wondering I can try to go back to the US without a visa since I am Canadian and typically we don't need visas 

 

Just drive through the border, don’t fly and then fly within the US. I assume this is the only way for now. If they stop you and tell you to return back, explain you don’t plan to adjust status. If they don’t believe you,  then there is definitely only one option to file I-130. 

[Buster & Hitch 58]

I think you could probably try to go visit again with a return flight ticket to Canada and proof of ties & equities in Canada that adequately show your life is in Canada and have to return. But you actually have to return. When you apply for an AOS you submit your i-94 and it'll be pretty suspect if you're applying while on a visitor visa. You can Google what ties and equities look like, things like an employer note saying they expect your return, rental receipts, etc. I had a denial at the canadian-US border before applying for a K1 and had to show proof of ties and equities every time I visited my fiance. 

[vtstang66 65]

1 hour ago, Lenchick said:

Just drive through the border, don’t fly and then fly within the US. I assume this is the only way for now. If they stop you and tell you to return back, explain you don’t plan to adjust status. If they don’t believe you,  then there is definitely only one option to file I-130. 

OP, don't do this.  Listen to the 20 people who told you the opposite of this.  And read the guide!  Many of us on here have been involved in the immigration process for multiple years with no end in sight.  My wife and I are probably looking at 3-4 years total for our CR/IR1 as far as we know.  It sucks.  Every country is different, every case is different, but the immigration process in this country is so horribly broken right now that you can expect it to take a very long time no matter what.  I recommend you expect at least 2 years; if it miraculously comes in less than that you can be pleasantly surprised.  You've gotten more great advice in this thread than some people get in a lifetime.  No amount of denial and re-asking the same questions is going to change the facts of your situation.

Edited March 8, 2021 by vtstang66

[Kathryn41 3,205]

1 hour ago, Lenchick said:

Just drive through the border, don’t fly and then fly within the US. I assume this is the only way for now. If they stop you and tell you to return back, explain you don’t plan to adjust status. If they don’t believe you,  then there is definitely only one option to file I-130. 

This is immigration fraud.  The OP has already said he plans to Adjust Status and has been denied entry.  He has moved his whole life down to the US and is basically living there.  To tell immigration that he is not planning to adjust status and is just visiting is lying to immigration and will result in being denied entry, possible detention at the border, or a ban, either minimum of 5 years or a lifetime ban.  If the OP succeeds in entering the US after lying to immigration, if they don't catch him right away and put him in detention in preparation for trial and deportation (and you DON'T want to go into any of the ICE facilities), it will come back to haunt him on one of the many different petitions he and his spouse will need to file over the next few years for him to live and work in the US, and during any future petition for citizenship.  One lie haunts you forever and there is no statute of limitations. 

 

Mistakes happen through ignorance of the law, which is the situation in which the OP now finds himself.  It isn't an excuse nor will it hold any weight with immigration.  They do not care.  What the OP needs to remember is that you don't mess around with US immigration because you do not want the consequences, especially if you are married to an American citizen and want to spend a happy life together.  It may be long and tedious and involved, but going through the proper immigration process - his spouse filing an I-130 and working on a CR-1 visa - is the only way he is going to get back into the US and it is not likely to be any time soon.

 

Edited March 8, 2021 by Kathryn41

[Lenchick 133]

Just now, Kathryn41 said:

This is immigration fraud.  The OP has already said he plans to Adjust Status and has been denied entry.  He has moved his whole life down to the US and is basically living there.  To tell immigration that he is not planning to adjust status and is just visiting is lying to immigration and will result in being denied entry, possible detention at the border, or a ban, either minimum of 5 years or a lifetime ban.  If the OP succeeds in entering the US after lying to immigration, if they don't catch him right away and put him in detention in preparation for trial and deportation (and you DON'T want to go into any of the ICE facilities), it will come back to haunt him on one of the many different petitions he and his spouse will need to file over the next few years for him to live and work in the US, and during any future petition for citizenship.  One lie haunts you forever and there is no statute of limitations. 

 

Mistakes happen through ignorance of the law, which is the situation in which the OP now finds himself.  It isn't an excuse nor will it hold any weight with immigration.  They do not care.  What the OP needs to remember is that you don't mess around with US immigration because you do not want the consequences, especially if you are married to an American citizen and want to spend a happy life together.

He said that mistakenly because he didn't know anything about immigration, that is what his explanation says if you read carefully.  Where did you see he said he was going to adjust his status?  Did you read another person's comment about denied entry but then going again with enough documents showing  a trip back? So what if he has lots of stuff in the USA? I know people who fly to each other for 10 years and she spends half of a year in the US on a tourist visa. They don't plan on immigration so....should they  be barred from seeing each other? I notice some people just like to find that one victim here and jump in to start bashing. Maybe enough? If he plans to return, this is not fraud....

 

Also, you didn't have to explain anything to me. I really don't need it. I am not the author. 

[Diane and Chris 651]

1 hour ago, Lenchick said:

Just drive through the border, don’t fly and then fly within the US. I assume this is the only way for now. If they stop you and tell you to return back, explain you don’t plan to adjust status. If they don’t believe you,  then there is definitely only one option to file I-130. 

Bad advice!  

[vtstang66 65]

27 minutes ago, Lenchick said:

He said that mistakenly because he didn't know anything about immigration, that is what his explanation says if you read carefully.  Where did you see he said he was going to adjust his status?  Did you read another person's comment about denied entry but then going again with enough documents showing  a trip back? So what if he has lots of stuff in the USA? I know people who fly to each other for 10 years and she spends half of a year in the US on a tourist visa. They don't plan on immigration so....should they  be barred from seeing each other? I notice some people just like to find that one victim here and jump in to start bashing. Maybe enough? If he plans to return, this is not fraud....

 

Also, you didn't have to explain anything to me. I really don't need it. I am not the author. 

You're not OP, you're playing roulette with OP's status.  Right now they've gotten a strong mark against them.  Maybe they can convince the next agent of the things you say, maybe they get a 5-year ban.  50/50 right?  What have you got to lose?

[MYOB 5]

On 3/4/2021 at 11:27 AM, dazedandconfused2 said:

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. 

First of all, this is not true.  When you entered the US the last time, I'm willing to bet that you didn't say that the reason was to get married.  You wouldn't have been admitted under the usual 6 month waiver.  They would've sent you home and told you to apply for the K-1.  Therefore, if you came as a tourist, you lied; wittingly or unwittingly.  And this cuts both ways.  Canada would likely judge this situation similarly.

 

Quote

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. 

It doesn't matter what you would have said.  You didn't apply for advance parole, we're in a pandemic (so nearly every tourist waiver is void), and you have zero legal status here in the US because you never filed to adjust your status.

 

Quote

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. 

Again, they wouldn't have admitted you regardless of your reasoning.

 

Quote

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. 

It's called a locksmith, USPS, UPS, FedEx, or Canada Post.  You're not going to be admitted just to quickly grab your things.

 

Quote

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. 

There's a saying.. "Ignorantia juris non excusat."  In other words, ignorance of the law doesn't excuse you.  You had plenty of time to do research before you left.  This is an Internet forum.  You should be contacting an actual lawyer, not keyboard warriors like myself.  Regardless, a CR-1 is going to take 7-10 months minimum.  And that, of course, assumes that you didn't have any denials and/or you hadn't previously traveled under the wrong visa type.  You pretty much have 2 strikes against you right now for your "quick trip" to Canada.  You're lucky that the USA is more forgiving than Canada and you're CR-1 will still likely be approved with some headaches.  I've heard that US spouses living in Canada have difficulty getting citizenship.  I've traveled all over the world and the most hostile border I've ever been to is Canada.  I wish I could empathize, but this post is a bit annoying.  So many people on this site do everything correct, submit their paperwork, wait in line, wait again, and mortgage their lives to make this work.  You had it much easier than most everyone on here and you just blew it.  Sorry, not sorry.

Edited March 8, 2021 by MYOB

[Lenchick 133]

Just now, vtstang66 said:

You're not OP, you're playing roulette with OP's status.  Right now they've gotten a strong mark against them.  Maybe they can convince the next agent of the things you say, maybe they get a 5-year ban.  50/50 right?  What have you got to lose?

bar for what????? Go to the US immigration manual and read what people get  bans for. Worst case scenario, the border control will turn him around. He didn't do anything illegal to receive a 5 year ban. Some people just like to tell horror stories here. 

[Kathryn41 3,205]

On 3/4/2021 at 11:27 AM, dazedandconfused2 said:

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). 

Lenchick, 

Applying for paper work for a marriage based green card means adjustment of status.  The US customs officer asked him if a) he was considering moving to the US  and b) if he was considering adjusting his status based upon marriage to a US citizen to become a Permanent Resident - aka 'getting a green card'.  He told the Customs Officer at the Airport 'yes' to both questions.  The Customs Officer then said he could not be allowed to enter the US as he had presumed immigrant intent, and as such, had to file for and obtain the proper visa - a CR-1 (marriage based) visa - before he could be allowed back into the US. It is very straight-forward and happens far, far too often.  Canadians often forget that the US is a foreign country and that Canadians are 'foreigners' just like everyone else and are subject to the same rules and regulations.

 

USCIS does not care if you make a mistake; it does not care if your intentions were different than you said they were; it does not even care if you misunderstood what they were asking.  This conversation and the results of this conversation are now a record on the file of the OP.  Any time he tries to cross the border in the future, this information will come up.  If he changes his story from this information, USCIS will believe in the 'worst' interpretation of his intent, and they will have no compunctions about enacting the appropriate consequences.

[Kai G. Llewellyn 822]

4 minutes ago, Lenchick said:

bar for what????? Go to the US immigration manual and read what people get  bans for. Worst case scenario, the border control will turn him around. He didn't do anything illegal to receive a 5 year ban. Some people just like to tell horror stories here. 

Bar under INA 212(a)(7)(A)(i)(I), individual not in possession of a valid immigrant visa. If they determine immigrant intent they can be determined eligible for expedited removal under that provision of the INA which automatically incurs a 5-year bar. This isn't risked at pre-clearance as you can't be 'removed' from within Canada.

Edited March 8, 2021 by CanadaDude

[Kathryn41 3,205]

3 minutes ago, Lenchick said:

bar for what????? Go to the US immigration manual and read what people get  bans for. Worst case scenario, the border control will turn him around. He didn't do anything illegal to receive a 5 year ban. Some people just like to tell horror stories here. 

Lying to immigration is considered a crime of moral turpitude and subject to a 5 year ban or if the severity of the lie is greater - or the immigration official is in a bad mood - it could result in up to a life time ban.  Worst case scenario if he lies to US immigration and says he has no intention of adjusting status when he has already admitted to them that he has.  If the OP follows your advice, he will be the star in one of those 'horror' stories.

[vtstang66 65]

1 minute ago, Lenchick said:

bar for what????? Go to the US immigration manual and read what people get  bans for. Worst case scenario, the border control will turn him around. He didn't do anything illegal to receive a 5 year ban. Some people just like to tell horror stories here. 

I had a border agent call me and threaten my wife with a 5-year ban over the phone because he said she was visiting too much.  She never overstayed her tourist visa or did anything illegal, but he had a suspicion that she was abusing her visa and "living here.". These people are no joke, they take their jobs seriously and once they make a decision there isn't much we can do about it.  You're acting like this person should just roll the dice like there aren't serious consequences.

[MYOB 5]

3 minutes ago, Kathryn41 said:

USCIS does not care if you make a mistake; it does not care if your intentions were different than you said they were; it does not even care if you misunderstood what they were asking.  This conversation and the results of this conversation are now a record on the file of the OP.  Any time he tries to cross the border in the future, this information will come up.  If he changes his story from this information, USCIS will believe in the 'worst' interpretation of his intent, and they will have no compunctions about enacting the appropriate consequences.

It doesn't matter what the conversation was. The border between the US and Canada is closed.  Anyone focusing on that the OP told the truth as opposed to lying is missing the boat.  In the eyes of the law, they already lied after entering the US on a 6 month waiver for the purpose of getting married; even if that wasn't the original intent.

Edited March 8, 2021 by MYOB