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

[JP_VN 5]

On 3/4/2021 at 11:45 PM, Boiler said:

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.

 

 

Guess you haven't heard that Canada is NOT allowing non-citizens in from the US for the foreseeable future? Something about a pandemic... 

[Lenchick 133]

Just now, vtstang66 said:

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.

you don't see me so you cannot even know how I m acting. Officers can threaten you with whatever. They could also tell an immigrant to sign a paper at the border and give up their immigration status, those who don't know the law will believe and sign, those who know the law, won't.  Your wife could've misunderstood him after all, the officer might have just said if she overstays she can receive a  ban. I didn't hear what was said, so I won't be the one to believe fast things people say on the internet. 

[Lenchick 133]

8 minutes ago, MYOB said:

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.

absolutely not. It is not prohibited to get married in the United States on a tourist visa. The person who married, returned back.

[MYOB 5]

5 minutes ago, Lenchick said:

absolutely not. It is not prohibited to get married in the United States on a tourist visa. The person who married, returned back.

It's not prohibited IF the OP didn't intend to do it; otherwise they technically committed visa fraud.  Either way, it's frowned upon and considered a strike.  This will likely hold up their CR-1 and God forbid if they attempt to enter again with some weak list of grievances about keys and clothing.

Edited March 8, 2021 by MYOB

[vtstang66 65]

15 minutes ago, Lenchick said:

you don't see me so you cannot even know how I m acting. Officers can threaten you with whatever. They could also tell an immigrant to sign a paper at the border and give up their immigration status, those who don't know the law will believe and sign, those who know the law, won't.  Your wife could've misunderstood him after all, the officer might have just said if she overstays she can receive a  ban. I didn't hear what was said, so I won't be the one to believe fast things people say on the internet. 

I heard what he said.  The point is that they pass judgment based on what they believe and we suffer the consequences.  You may be right, OP may be able to successfully argue their case and secure passage at the border.  But if not....it's a huge gamble.  We all have to weigh the various advice we get here and elsewhere and make our best decisions, then live with the results.

Edited March 8, 2021 by vtstang66

[MYOB 5]

1 minute ago, vtstang66 said:

I heard what he said.  The point is that they pass judgment based on what they believe and we suffer the consequences.  You may be right, OP may be able to successfully argue their case and secure passage at the border.  But if not....it's a huge gamble.  We all have to weigh the varying advice we get here and elsewhere and make our best decisions, then live with the results.

In other words, don't rely on VJ for legal advice.  Get a lawyer already.

[Sammisauras 10]

Okay listen. I have already hit my 10 year visa and went through all of this.

 2015 my husband moved to stay with me so that we could see if our relationship was sustainable. 5 months in we decided to travel to the USA to visit and meet his family and to reset the 6 month period. We were rudely awakened that this was not how the border would allow us to behave and essentially I got told that he could finish the remainder of his 6 months and then we needed to leave. We were devastated and embarrassed by how the officer treated us ( basically calling us stupid and telling me that we had no rights because we were not married. After crying I began to research.

 

I immediately applied to get my spouse a temporary residency for Canada, so that he could remain longer( as long as you have a pending application before your passport stamp runs out you are fine). We married in feb of 2016. After trying and trying to get PR in Canada I gave up and decided to go the other way. We applied in oct 2016. 
 

during this time I continued to apply for temporary residency, 3 times in fact and when I got to the interview portion of the cr1 on sept 11 2017 because I did this and because we remained in domicile the entire time the officer changed their entire attitude! I had proven our marriage was bonafide simply because my husband remained with me, unable to work etc, through the entire process. 
 

I had to remove conditions and truthfully 680 dollars will be worth it every time. Many petitions that begin in the United States first are deemed suspicious.

 

I highly recommend having her enter to visit you, and take appropriate steps to make her a temporary resident while you complete all your processes.

 

have someone on the USA side help you. STAY AWAY from the border. It’s hard but necessary because it proves you are there for them and not to evade immigration law. 
 

I am in the process of naturalizing. I wish you luck! 

 

 

[MYOB 5]

2 minutes ago, Sammisauras said:

I highly recommend having her enter to visit you, and take appropriate steps to make her a temporary resident while you complete all your processes.

I'm not sure if you've heard, but the border between US and Canada is closed due to a pandemic.  Neither spouse is qualified under any immigration process in either country anyhow, because no paperwork was filed according to the OP's original post.  The last thing they need are more entry denials.

Edited March 8, 2021 by MYOB

[TBoneTX 43,058]

Administrative action has been applied against the account of a poster who violated this provision of the site's Terms of Service:

 

"Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method."

 

The wrongful information has been corrected in-thread, and the corrections are educational enough that the offending post and quotes of it will not be removed.

 

TBoneTX

for VJ Moderation

[TBoneTX 43,058]

The OP has received all the advice that we can provide without repeating the same.  Accordingly, this thread is now locked.  Do not restart or revisit this topic.

 

Thread is moved from the AOS forum to General Immigration Discussion, because adjusting status is not the real issue.

 

VJ Moderation

Edited March 8, 2021 by TBoneTX