My Canadian Fiancee cannot cross the border.

Hello to all! After much searching I came across this site and hope I can find the answers I'm looking for. I have known my Fiancee for about 5 years now. She is Canadian born and has lived in...

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Canadian Expatriate and Travellers Forum Index -> Canadians in the USA -> US Visas and Immigration

Author Message

flames9
Senior Member

Joined: 08 Mar 2007
Posts: 113
Location: Falls Church VA

Posted: Thu Jul 31, 2008 11:19 am

Yes, i realize your not married NOW, but you said you were planning on being married, so the K3 or the better choice CR-1 would be an option DOWN the road

Right now since your NOT married, the K1 would be your present option--relationship visa wise. I have no clue on "job" related visas

samof69
New Member

Joined: 27 Jul 2008
Posts: 9

Posted: Thu Jul 31, 2008 11:52 am

Unfortunately, because I am not a citizen (GC holder), I don't qualify for K1.

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 1451
Location: North Carolina

Posted: Thu Jul 31, 2008 2:04 pm

samof69 wrote: very helpful post flames. My problem is that we are not married and so all marriage based visas don't apply to us.

So even if the CBP denies someone they can still apply for other visas (J1 etc.) and that won't cause any problem? That is good to know.

But I guess (from what I read) if you get denied once, every time you try to cross the border they will get a bit suspicious.

but you are planning to get married, (or so you've said) so marriage based CR1 visa will be an option once that's done. It may take a few years, because you're not a citizen yet, but once you're eligible for citizenship and have been sworn in, you can upgrade your petition and it'll speed up a bit. The sooner you apply for citizenship the better. If that's your plan.

And no, a one time denial of entry should not affect future visa applications. I myself was denied entry for business reasons and was later given an L1B visa, and a couple years after that, successfully received a K3 visa. The denial barely was mentioned at either of my interviews.

It does however flag your ID in the system, so any time you try to cross after a denial, you will likely be pulled into secondary and searched and be interrogated for a while. This may or may not result in another denial of entry. Depends on the reason for the first denial, and the reason for the second trip, and the mood of the interviewer. Because my denial was based on business travel, my subsequent trips for personal vacations were allowed, but I was always searched and grilled, so I always arrived at the airport with plenty of time to spare.
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