Jesserose24

Yes, working IN Canada and commuting is absolutely an option. The fact that she drove over the border to catch a flight suggests tbey don't live closer enough to the border to commute for work each day.
 
The other situation, working for the Canadian company and never having US officials find out doesn't make it ok.
 
It sounds to me like the border agent douted her intent to reside. Remember there are many people who actually don't intend to reside in the US, and in fact just want the green card to sponsor other people. The Border agents are watching for things like that. I am not saying that this individual was going to do that but I can understand why it would appear that way to an agent.
We'll have to agree to disagree. Because to me it does sound like that, and it is subjective just like every border agent might process responses differently.

I presented at this border to activate my CR1 Visa today. The entire process took less than 15 minutes. I presented with an empty car no belongings and no intention to move today. I wasn't asked but I did explain that I thought it made more sense to do it without the cats in the car in case there was a delay. 
 
My Visa was approved on February 16th, it was created and put into my passport on February 17th and it was available for me to pick up on February 21st, I picked it up on February 22nd. And today February 23rd presented at the border simply to activate it with no issues.
 
I'm sharing this here because it was the same Crossing where this individual had issues. I don't want others hesitant to use this Crossing because I was very impressed with how quickly it was all completed.
 
 

Do you mean your vaccination worksheet? It’s for your own records only, not super important.

No that's not correct. The company must be legally able to operate on US soil regardless of who it is they've employed. Again, I have first hand experience with this. 
 
I don't think there's any value in you and I going back and forth. I do everything legally and above board, if I want to work for my Canadian company, remotely, from the US permanently - the company has obligations to operate legally in the US.
 
Have a great day.
 

The consulate tells you not to quit your job until your Visa is issued, not to not quit until you've moved. 
 
You can't assume bc you only heard about it once it's only happened once. 
 
Yes activating the green card and returning to Canada is common however not months after the green card was issued and still not demonstrating an intent to reside. I'm saying that if I was a border agent and what it sounds like transpired transpired I would also question the validity of the intent to reside. That is all I am saying some people will look at this and see there is no intent to reside. I am not saying it is common I am not saying the majority of people would see it that way I'm saying it is possible for a border agent to have viewed it that way. There seems to be an assumption here that border agents operate in black and white and in reality their jobs are very much based on subjectivity.

There's actually a lot of regulations around working for a Canadian company well in the US. Not the least of which is that that Canadian company must have permission to operate out of the US. I won't get into all the nitty gritty details of why but my family actually has experience with this situation. 
 
Nothing about this is fact border agents operate on subjectivity within the bounds of the law.
 
Again I'm not debating anything with you I offered the OP and alternate perspective.

It's not going to be common..
 
Most people who drive would have possessions for a move, and wouldn't make a reference to returning to Canada in a week, or a flight. My best guess without any more information from the OP, is that when they went to process her visa they realized how little she had with her and asked her about it and she explained that she was just visiting. Visiting wouldn't be a reason to activate a visa. So now on top of that they questioned her overall intent.
 
As for green cards being used for things other than an intent to reside I've seen a lot of it discussed in the Facebook groups I'm in. And I've even had a few people ask me for help processing their paperwork but straight up telling me they don't want to reside in the US they just want the option.
 
Again I'm not debating this with you I am just offering the OP my perspective which obviously isn't common but doesn't mean it wouldn't also exist in an agent.
 
 

Yes, working IN Canada and commuting is absolutely an option. The fact that she drove over the border to catch a flight suggests tbey don't live closer enough to the border to commute for work each day.
 
The other situation, working for the Canadian company and never having US officials find out doesn't make it ok.
 
It sounds to me like the border agent douted her intent to reside. Remember there are many people who actually don't intend to reside in the US, and in fact just want the green card to sponsor other people. The Border agents are watching for things like that. I am not saying that this individual was going to do that but I can understand why it would appear that way to an agent.
We'll have to agree to disagree. Because to me it does sound like that, and it is subjective just like every border agent might process responses differently.

The immigrant visa waiver for someone who has overstayed is the I 601.

He is not “waiting for his i130 to process”. He is able to adjust status as soon as he sets foot in the US as his PD is current for adjustment (even if not for a visa interview outside the US yet). Totally different context.

Pretty obvious to me why entry was denied. Final action date for F3 has been stuck at Nov 2008 for months and even when it moves to December (OP’s PD) there is a massive backlog for interviews. By contrast, table B dates for filing (F3 current to AUg09)is able to be used for adjustment of status which means that OP would be eligible to file for adjustment of status as soon as he entered the US. Looks like they saw huge risk of OP cutting the line to adjust vs waiting many many months still for a visa interview. Hardly seems fair when you look at all the other people on VJ who get to the buck the system and doesn’t sound like that is what OP had planned anyway, but he is paying for others who abuse tourist entry to cut the line.

Even if the fiance had a B2 visa, she/he could not legally enter the US as a visitor with the intent to stay and adjust status. 

Updates from OPs profile for those interested. 
https://www.visajourney.com/profile/413239-1800x/
 
It should be noted OP and his wife do not own their homes in Canada and the US they are renting in both locations (and have plans to end their lease in the US). 
I'm thinking selling a house before moving is a very different process to ending a lease. I would assume breaking a lease would be easier... especially if you've received the IR1 visa in November. 
They're not tying up loose ends in Canada... 
In his updates, OP (IMO)  has made it clear they intend to split their time between the US and Canada and maintain residency in both countries. 
In my opinion, he has also indicated they won't be too put out if his wife is unable to activate her visa. They'll just continue living their lives as they have for the past decade or so... they're just looking to make the transition to the States easier if she ever decides to seek employment in the US. 
And I'm not sure why its not a reasonable suggestion to end their lease in Canada as both of their children are adults and should theoretically be able to move into their own  apartments.
I'm thinking if OP's wife had kept it simple and stated she was moving to the rental and not mentioned only visiting the US for a few weeks to look at properties she could have received the endorsement with no issue. 
 
 
 
 
 
 
 

I presented at this border to activate my CR1 Visa today. The entire process took less than 15 minutes. I presented with an empty car no belongings and no intention to move today. I wasn't asked but I did explain that I thought it made more sense to do it without the cats in the car in case there was a delay. 
 
My Visa was approved on February 16th, it was created and put into my passport on February 17th and it was available for me to pick up on February 21st, I picked it up on February 22nd. And today February 23rd presented at the border simply to activate it with no issues.
 
I'm sharing this here because it was the same Crossing where this individual had issues. I don't want others hesitant to use this Crossing because I was very impressed with how quickly it was all completed.
 
 

I presented at this border to activate my CR1 Visa today. The entire process took less than 15 minutes. I presented with an empty car no belongings and no intention to move today. I wasn't asked but I did explain that I thought it made more sense to do it without the cats in the car in case there was a delay. 
 
My Visa was approved on February 16th, it was created and put into my passport on February 17th and it was available for me to pick up on February 21st, I picked it up on February 22nd. And today February 23rd presented at the border simply to activate it with no issues.
 
I'm sharing this here because it was the same Crossing where this individual had issues. I don't want others hesitant to use this Crossing because I was very impressed with how quickly it was all completed.
 
 

I presented at this border to activate my CR1 Visa today. The entire process took less than 15 minutes. I presented with an empty car no belongings and no intention to move today. I wasn't asked but I did explain that I thought it made more sense to do it without the cats in the car in case there was a delay. 
 
My Visa was approved on February 16th, it was created and put into my passport on February 17th and it was available for me to pick up on February 21st, I picked it up on February 22nd. And today February 23rd presented at the border simply to activate it with no issues.
 
I'm sharing this here because it was the same Crossing where this individual had issues. I don't want others hesitant to use this Crossing because I was very impressed with how quickly it was all completed.
 
 

Did you get approval from your Canadian company? It's not wrong, I've had personal experience with this. It can be done legally, which you may very well be doing. 

No that's not correct. The company must be legally able to operate on US soil regardless of who it is they've employed. Again, I have first hand experience with this. 
 
I don't think there's any value in you and I going back and forth. I do everything legally and above board, if I want to work for my Canadian company, remotely, from the US permanently - the company has obligations to operate legally in the US.
 
Have a great day.
 

No that's not correct. The company must be legally able to operate on US soil regardless of who it is they've employed. Again, I have first hand experience with this. 
 
I don't think there's any value in you and I going back and forth. I do everything legally and above board, if I want to work for my Canadian company, remotely, from the US permanently - the company has obligations to operate legally in the US.
 
Have a great day.
 

Yes, working IN Canada and commuting is absolutely an option. The fact that she drove over the border to catch a flight suggests tbey don't live closer enough to the border to commute for work each day.
 
The other situation, working for the Canadian company and never having US officials find out doesn't make it ok.
 
It sounds to me like the border agent douted her intent to reside. Remember there are many people who actually don't intend to reside in the US, and in fact just want the green card to sponsor other people. The Border agents are watching for things like that. I am not saying that this individual was going to do that but I can understand why it would appear that way to an agent.
We'll have to agree to disagree. Because to me it does sound like that, and it is subjective just like every border agent might process responses differently.

1. Is the rental in Canada in your name or your wife's? 
2. Where were you living between November and your wife's entry in February? (Did you wife enter the US on a tourist visa between November and her most recent entry?) 
3. And who do you work for? 
Perhaps your wife misunderstood and they were actually asking for evidence that you have severed ties with Canada before she tries to activate her visa. 
As it stands it sounds like you both have stronger ties to Canada and she doesn't actually have a need for LPR status at the moment. 

The consulate tells you not to quit your job until your Visa is issued, not to not quit until you've moved. 
 
You can't assume bc you only heard about it once it's only happened once. 
 
Yes activating the green card and returning to Canada is common however not months after the green card was issued and still not demonstrating an intent to reside. I'm saying that if I was a border agent and what it sounds like transpired transpired I would also question the validity of the intent to reside. That is all I am saying some people will look at this and see there is no intent to reside. I am not saying it is common I am not saying the majority of people would see it that way I'm saying it is possible for a border agent to have viewed it that way. There seems to be an assumption here that border agents operate in black and white and in reality their jobs are very much based on subjectivity.

It's not going to be common..
 
Most people who drive would have possessions for a move, and wouldn't make a reference to returning to Canada in a week, or a flight. My best guess without any more information from the OP, is that when they went to process her visa they realized how little she had with her and asked her about it and she explained that she was just visiting. Visiting wouldn't be a reason to activate a visa. So now on top of that they questioned her overall intent.
 
As for green cards being used for things other than an intent to reside I've seen a lot of it discussed in the Facebook groups I'm in. And I've even had a few people ask me for help processing their paperwork but straight up telling me they don't want to reside in the US they just want the option.
 
Again I'm not debating this with you I am just offering the OP my perspective which obviously isn't common but doesn't mean it wouldn't also exist in an agent.
 
 

Yes I understand that, but you can't demonstrate the intent to surrender while processing your landing. I'm not debating this, just sharing with OP my initial thought that holds some logical consistency. 
 
This is actually my border crossing and I spoke with their agents Friday. They confirmed I can arrive without my belongings and activate the day after I recive my passport. I also live very close to the crossing and explained I just don't want my cats in the car while we do paperwork. He said no problem, that timing will make sense. 

Hmm well I kinda agree with some of what @Jesserose24 is saying (or trying to say). I get the outrage many have expressed here, but it's not that hard to imagine a conversation where they determined she didn't have immigrant intent at the present time of entry.
 
Yes absolutely you are allowed to 'tie up loose ends' after you enter and activate the visa. But there's a difference between tying loose ends and not being ready to move.
 
It seems there was discussion about going to look at properties for the couple to move into together. So if the questioning went along the lines of where are you going to be living (in the US) and the response was Im not,  we are going to be looking for houses the next few weeks because we are not ready, and I still have my job and stuff to deal with in Canada- then yeah she shouldn't enter on the IR visa. 
 
The request for certain things to establish her immigrant intent are specific to her based on what she said at POE (or what they interpreted it as) and should not be viewed as anything more.
 
I think the main takeaway here is words matter. It's not enough to simply know what to say but to understand why you need to say it a certain way. Some times people get so caught up in thinking they know the regulations so well that there's no way it could go wrong. I believe in the first post the OP said something where he called his wife stupid for not activating the visa immediately after getting it. So they obviously had different viewpoints on the matter and she probably presented herself in a 'not ready ' way because I think honestly she wasn't ready and was attempting to enter with it because the OP insisted she should as all the concerns she had about loose ends could have been handled by her as an LPR.