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Canadian refused to enter to US

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rainysky

Junior Member
California

Dear Sir / Madam:

I am a Canadian citizen. My boyfriend is in US with green card, he is waiting for citizenship by the end of this year.

I went to LA in Sept. and came back to Canada in Nov. At the end of Nov. I went to LA again, but I was refused to enter to US by American Customs Officer in airport. They gave me a paper with the reason why they refused me to enter to US, the reason is that I have purpose to immigrate to US but without related immigration visa document and I have intent to work in US.

I assume that I can go to USA freely with my Canadian passport and I plan to marry to my boyfriend once my he becomes a citizen.

Please advise:
1. How long I'd better to wait for next entry to US?
2. Is there any record in US customs database when I next enter to US?
3. After my boyfriend becomes a US citizen, what kind of way is better for me to enter to US? Should I apply for K1 visa or as a visitor to US and marry to him?
4. What I can do to enable me to US successfully next time?

Thanks very much.
 


evcalyptos

Senior Member
rainysky said:
California

Dear Sir / Madam:

I am a Canadian citizen. My boyfriend is in US with green card, he is waiting for citizenship by the end of this year.

I went to LA in Sept. and came back to Canada in Nov. At the end of Nov. I went to LA again, but I was refused to enter to US by American Customs Officer in airport. They gave me a paper with the reason why they refused me to enter to US, the reason is that I have purpose to immigrate to US but without related immigration visa document and I have intent to work in US.

I assume that I can go to USA freely with my Canadian passport and I plan to marry to my boyfriend once my he becomes a citizen.

Please advise:
1. How long I'd better to wait for next entry to US?
2. Is there any record in US customs database when I next enter to US?
3. After my boyfriend becomes a US citizen, what kind of way is better for me to enter to US? Should I apply for K1 visa or as a visitor to US and marry to him?
4. What I can do to enable me to US successfully next time?

Thanks very much.

You assume incorrectly. As a Canadian, you have no more 'right' to go to the US than any other non-US citizen.
Entering as a visitor with the intent to immigrate (your option in #3) is illegal and is the reason you were refused entry this last time. The cure is to get a visa for the purpose of immigrating: either a K1 Fiance or a CR-1 Spouse. You will need to wait until your fiance is a citizen for either of those.
 

rainysky

Junior Member
Thanks for advice/still confused

evcalyptos said:
You assume incorrectly. As a Canadian, you have no more 'right' to go to the US than any other non-US citizen.
Entering as a visitor with the intent to immigrate (your option in #3) is illegal and is the reason you were refused entry this last time. The cure is to get a visa for the purpose of immigrating: either a K1 Fiance or a CR-1 Spouse. You will need to wait until your fiance is a citizen for either of those.


Thanks for your advice.

But I am still confused. Does it mean I have the only way to enter US as either financee or spouse? That means I can only apply for an immigrant visa before entering US?

Some friends advised me to try to find a job and work for a while, then I can try to go to US as a visitor or tourist as the reason they refused me is because I have purpose to find a job in US and I have immigration purpose. As long as I enter US, I can marry to my boyfriend and apply for immigrant right away. Will it be more efficient for me to enter to US next time?

Kindly advise.

Thanks very much.
 

rainysky

Junior Member
Canadian refused by US (more confused)

California


Thanks for your advice.

But I am still confused. Does it mean I have the only way to enter US as either financee or spouse? That means I can only apply for an immigrant visa before entering US?

Some friends advised me to try to find a job and work for a while, then I can try to go to US as a visitor or tourist as the reason they refused me is because I have purpose to find a job in US and I have immigration purpose. As long as I enter US, I can marry to my boyfriend and apply for immigrant right away. Will it be more efficient for me to enter to US next time?

Kindly advise.

Thanks very much.
 

AHA

Senior Member
First of all, you can NEVER enter the US as aa tourist with intentions of marrying AND REMAINING in the US. No if's or but's aabout it.

If you had a job in Canada you have a chance of being allowed to enter the US for a short visit, if you can show them proof that you HAVE to return to Canada after the short visit. If someone who has no ties to their country and is trying to enter the US as a tourist to "visit" a fiance, can be fairly sure they'll be denied entry. Why would an immigration officer believe that you have intentions of returning home after the "visit" when you have no proof of that?

I would suggest your fiance file the I-129F after he has become a citizen.

Keep in mind that you will need either K1 fiancee visa, K3 spouse visa or Work visa to enter the US to marry and stay in the US. No matter how much you work in Canada, IT'S ILLEGAL TO ENTER THE US WITH INTENTIONS OF MARRYING AND REMAINING IN THE US. And you clearly have intentions of marrying and staying in the US, so there would be no other way for you but to qualify and try for one of the mentioned visas.
 

rainysky

Junior Member
thanks

California

Thank you very much for your advice, appreciate it.

I have some questions and would like to discuss it with you. Let's forget all what we talked before and start from beginning if you don't mind.

1. If I don't have any intention or purpose to marry and stay but just a visit and travel in US, how can I enter US?

2. How can US immigration officier tell if I have intention or without intention that I have immigration purpose to marry and stay in US if I have supporting documents to prove that I have job and family ties in Canada and I would like to take a short time visit / travel to US and I will come back to Canada after visit?

3. If I enter US as a visitor without any intention to marry and stay in US, after I stay in US for 3 months. I change my mind and want to marry a US guy, will it be illegal and cheater? ---I don't think so. As 3 months is a long time and it does change a person's mind to marry or not marry. As young people meet each other and stay for 3 months together, they would have desire to marry and stay together, isn't it?

4. I believe the only problem may happen is whether immigration officier will believe or not when they apply for immigration status after marrying, isn't it?

Will appreciate for your discussion.
 

evcalyptos

Senior Member
rainysky said:
But I am still confused. Does it mean I have the only way to enter US as either financee or spouse? That means I can only apply for an immigrant visa before entering US?

Some friends advised me to try to find a job and work for a while, then I can try to go to US as a visitor or tourist as the reason they refused me is because I have purpose to find a job in US and I have immigration purpose. As long as I enter US, I can marry to my boyfriend and apply for immigrant right away.

If you want to immigrate through your BF, there are 2 options: as his fiance or his spouse. He must be a citizen for you to do so.

As Aha already told you and I said before, you may NOT enter the US as a tourist with the intent to marry and adjust status from that relationship.
 

evcalyptos

Senior Member
rainysky said:
I have some questions and would like to discuss it with you. Let's forget all what we talked before and start from beginning if you don't mind.

Too late, the cat's out of the bag.
You have intention, and now you KNOW it would be illegal to do what you want.

What if God sees into your heart and knows? Then She might send you to Heck and let you burn for a long time. That would be much worse than what the USCIS will do.
 

JETX

Senior Member
rmet4nzkx said:
You have received your answers.
Ahhh, but that was only the first series of 'test' questions.
Now we are being presented with the next series of 'how can I enter the US' questions.... surely to be followed by more 'how abouts'. :D
 

rmet4nzkx

Senior Member
JETX said:
Ahhh, but that was only the first series of 'test' questions.
Now we are being presented with the next series of 'how can I enter the US' questions.... surely to be followed by more 'how abouts'. :D
And the best seller, "ALL YOU WANTED TO KNOW ABOUT JUMPING THE FENCE BUT WERE AFRAID TO ASK ;) "
 

truelyconfused

Junior Member
Stop bullying rainysky!

hey I AM ALWAYS LIABLE! Will you stop bullying other people just because they wanted to enter the US?!! That's racial discrimination! Isn't the UNITED STATES OF AMERICA against any form of discrimination? You're not helping her!
 

rmet4nzkx

Senior Member
truelyconfused said:
hey I AM ALWAYS LIABLE! Will you stop bullying other people just because they wanted to enter the US?!! That's racial discrimination! Isn't the UNITED STATES OF AMERICA against any form of discrimination? You're not helping her!
There was nothing racial in IAAL's statement, it was clearly repeating the fact that OP is trying to enter the country illegally.
 

JETX

Senior Member
truelyconfused said:
hey I AM ALWAYS LIABLE! Will you stop bullying other people just because they wanted to enter the US?!! That's racial discrimination!
Gee, I never considered that 'national origin' would be rascist!!! Know why??? Because it isn't!!! A persons nationality has absolutely NOTHING to do with race.

Isn't the UNITED STATES OF AMERICA against any form of discrimination?
No. There are only some very specific prohibitions against discrimination. Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), prohibits discrimination in certain protected classifications, including race, color, sex, pregnancy, religion, national origin, age (40 or over) and disability. There is NO statute prohibiting IAAL's statements... in fact, he has the CONSTITUTIONAL RIGHT to say whatever he wants.... whether you like it or not.

You're not helping her!
And how was your nonsensical droolings of any benefit??
 

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