Wanting to spend the winter in the US

[Caro]

Indeed, the more luggage you have and the longer your US planned vacation is, the more they'll suspect you for overstaying, even though you have a return ticket and ties to your country. It happened to me 5 years ago when they denied twice my entry into the US.
I had planned to spend 4 summer months vacation in California. At that time, I was a Canadian student renting an apartment, had a medical insurance card, student ID and I did provide the US border agent with all these things. He ignored the rental contract and refused to check my student status, as well. My bank account was very thin. I had proof (stamp on my passport) that I returned to Canada from my previous short trips to US.
My luggage and wallet were searched. Inside my wallet was a business card an American movie director gave me the year before when I flew to US for a three week winter vacation. I had completely forgotten about that business card, since I accepted it only to be polite to the nice man sitting next to me in the plane. That business card brought me bad luck, for the border agent concluded that I was going to Los Angeles to become an actress!!
I felt humiliated by that agent and could not accept the fact that he denied my entry based on such ridiculous supposition. So, I tried to cross next day by bus at a different POE, same province. That was a big mistake! It did not matter that my luggage consisted of a small piece, a tennis racket and a purse. They asked me "Where are your tennis clothes?" "Why do you have two pair of high heel sandals with you if you plan to stay in US only a week?" "Why do you carry a cooking book with you?" (It was a gift, BTW). "Is this the key to your rented apartment in US?" (???!!!!... It was my Canadian apartment key). "You don't have a skirt to wear with these high heel sandals", said the woman border agent. I found those questions and remarks senseless, arrogant and rude. The man agent was having a smirk on his face and the woman was mad. Shouldn't they refrain from judging the way you dress? I felt like asking: "Can I speak with a professional?"
But not accepting an US entry denial and not admitting it at the second attempt to cross the border, was a terrible idea from my part. I naively ignored the fact that I might have been flagged the day before. So I got a second entry denial, only this time was worse: they pulled me aside, finger printed and photographed me and asked for the rental contract and utility bills which I did not have with me anymore.
One month later, I succeeded to cross the border by car and the border agent did not ask me a thing! My crossing in and out was not registered, which probably means that I cannot prove that I traveled to US once and did return after being denied entry twice. I did not know until today after reading on this wonderful website that I could have requested a I-94 (is this a visa?).
This fall, I plan to cross the border again by car as I did 5 years ago. I do not know what to expect... I was flagged for two denied entries, but for how long? If I'll be asked about having my entry into US denied in the past, I'll have to say "yes". I do not have ties to Canada anymore since I spend a number of years in Europe, except for the fact that I am a Canadian citizen and also an EU citizen (I have an EU passport, too). What is your advice? Thank you...

[Reba]

No, an I-94 is not a visa, it is just a form "entry/departure" record.

Unfortunately border officials (on both sides I will say!) can be rather abrupt, and scare the crap out of you. That's their job. Their job is to suspect that *everyone* is intending to immigrate illegally. And YOUR job is to prove otherwise. Which is not always easy to do, especially if one does not have any ties to home country.

If you have no ties, there's not much you can do except pack properly. Don't have ANYthing on your person, or in your luggage (they have the right to search everything!) that would make them assume you are immigrating or looking for a job (no business cards of friends, family or strangers with US businesses), don't carry a copy of your resume with you either. Go thru everything in your pockets, purse, backpack etc before you leave to make sure you have nothing that would make them turn you away.

If you say you're going on vacation, and you only have business suits in your luggage, they'll turn you back for sure. Make sure you know the name, address, and phone number of the hotel where you've reserved your stay.

If you have ties to home, ie: job, home, etc, bring evidence. A letter from your employer stating you are on approved vacation leave, and expected back on specific date. A copy of your mortgage or rental agreement. And bring CASH money, they don't care how many credit cards or debit cards you've collected, there's no way to prove to them at POE that they'll actually WORK once you get to the US. Cash or traveller's cheques is what they like to see, to prove you aren't a vagrant.

Above all else, Do Not Lie to border officials. They'll catch you in it eventually, and make your life miserable.

[Caro]

Thank you so much, Reba. I'll treasure your advice!
In 2004, I entered the US by car and left by plane. Nobody asked me anything at the airport when leaving the US for how long I stayed in the US or if I overstayed, for that matter, therefore I do not have any stamp of "entry-departure" record on my Canadian passport from the US authorities. (I had one on my previous passport).
In case I am asked about my two entry denials this September - question to which I'd answer truthfully - should I also tell them that I visited US in 2004 after my denial entries? Would that be favorable to the new situation by giving me some moral credit?
Much obliged...

[lawsrlaws]

"One month later, I succeeded to cross the border by car and the border agent did not ask me a thing! My crossing in and out was not registered, which probably means that I cannot prove that I traveled to US once and did return after being denied entry twice. I did not know until today after reading on this wonderful website that I could have requested a I-94 (is this a visa?)."

Your crosings are ALWAYS registered in the sytem. The fact that you were let in, shows that the Officer used his own deductions to determine that you were not an intending immigrant. We will not give you an I-94 unless there is a reason for you to have one. Your previous refusals will always be seen by all officers no matter where you cross. Just be honest and Reba's advice is right on.

[Caro]

Thank you so much for your help, lawsrlaws! I thought that my crossing into US was not recorded at POE in 2004, because the border agent was not sitting at a computer. When I flew to US or tried to enter by bus, the border agents were in front of computers which they used when checking the passport.

[lawsrlaws]

LOL, there are still a couple of ports like that. I believe they still would have recorded your plate, but who knows. Anyways, good luck and enjoy the sunshine.

[Caro]

The border agent stayed by the car all the time, was very polite and all smiles. He asked our names, purpose and length of trip. My friends' passports were even expired! He looked inside the trunk, as well. Then he wished us "Have a pleasant trip!" It took about 2 minutes all the inspection. Unless the agent had an excellent photographic memory, which is hard to believe, don't see how he would have managed to record our passport info.
Cheers!