ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresFiled I-130 in mid-Nov--no word

I think i am the only one with a NOA2...but ours was expedited because of my military deployment. they should be coming soon though. Have you checked the USCIS site to see if you have been getting touches?


I am glad that you posted...I don't know what touches are, or where to look. Can you tell me?
Angie'nMarkFemaleCanada2010-01-14 22:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiled I-130 in mid-Nov--no word
Our I-130 was received on Nov.13th, 2009. Anyone else out there around the same time? Any other Nov. filers from Canada get any word on NOA2 yet?? I am going nuts.
Angie'nMarkFemaleCanada2010-01-14 18:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMontreal electronic filing
I am not there, but at what point do they give you the option? Is it something they invite you to do, or are you supposed to find out on your own terms? We have filed the i-130, but have yet to receive the NOA2.
Angie'nMarkFemaleCanada2010-01-18 18:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMontreal seems to be speeding up a bit!
I am soooooooooo happy for all of you. It must be a great feeling. I have been so stressed waiting for my NOA2....but since you posted about Montreal moving a little quicker, it seems like it might work out for us when it needs to. I wanted to move before the beginning of the next school year. You have renewed my hope for that possibility.


CONGRATS and let us know how the interview goes. :star: :star: :star:
Angie'nMarkFemaleCanada2010-01-24 09:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMontreal seems to be speeding up a bit!
Thanks for posting, and giving us a little hope!!! :thumbs:
Angie'nMarkFemaleCanada2010-01-23 21:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIncluding personal photos with I-130 petition?

Yes but do you see how it says OR at the end, not and?




My assumption is not that you have to have all of those things; I believe that last line, any other documentation is there if the other aforementioned documentation is not as solid as it could be. We only sent our joint bank account info for that category. So here's to hoping we will be ok...I am not too worried.
Angie'nMarkFemaleCanada2010-01-24 20:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIncluding personal photos with I-130 petition?

According to the guides, you have to send evidences with the I-130 package:

Note: Evidence of a Bonifide Marriage
The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:
1. Documentation showing joint ownership or property; or
2. A lease showing joint tenancy of a common residence; or
3. Documentation showing co-mingling of financialresources; or
4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or
5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or
6. Any other relevant documentation to establish that thereis an ongoing marital union.

ps- some consuls don't even ask for evidence at the interview, since they will receive the ones you sent with the package to USCIS. So if you want to make sure you sent enough, that's the time. ;)



Yes but do you see how it says OR at the end, not and?
Angie'nMarkFemaleCanada2010-01-24 20:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIncluding personal photos with I-130 petition?

We're planning on sending the I-130 petition package away on Feb. 2nd, and I'm starting to second guess myself on a couple of things. Mostly, I'm curious, how many of you sent personal photos (such as wedding, vacations, etc) with your I-130 package? I've always thought they would be more appropriate at the interview stage of the game, but I'm just wanting to make sure. I don't want to regret not sending enough information. The thing that makes our situation a little more unique is that we've been married for almost 3.5 years already (long story....pretty much we always planned to have my husband immigrate to Canada with me), so my thought is that that's a huge step in showing a committed/bona fide relationship all on it's own, right? We have a lot of proof as well, such as our marriage certificate, the paperwork on a mortgage (current, and the paperwork on a house we put an offer in on before we were married), joint bank accounts and other joint bills, as well as him listed as my beneficiary for life insurance, etc. We also have letters from family and friends. So I wasn't sure if pictures were necessary yet, or more appropriate to bring along for the interview eventually?

Any tips would be great! Thanks! :)


I think that you have more than enough. We already submitted our i-130 and it is my understanding that no photos or that type of evidence is given at this time. Other than our forms filled out and supporting documents and photos we only sent a joint bank account statement. I believe all that other stuff: cards, letters, phone bills, pictures etc...are brought to the interview. Our NOA2 has not been approved as of yet, so I am just confirming what we did in our package. I tried to follow the instructions on the guides from this site to a T--So we are hoping to hear soon. It is a ###### of a wait. They are apparently only processing people who filed at the end of Sept/ beginning of Oct. We filed mid-Nov....


Best of luck to you and your husband.
Angie'nMarkFemaleCanada2010-01-24 19:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 APPROVED.
Congrats to the two of you.

Edited by Angie'nMark, 10 February 2010 - 07:58 PM.

Angie'nMarkFemaleCanada2010-02-10 19:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNOA2 FINALLY APPROVED!!!
Yipeee...thanks for your support everyone! It finally feels like something is going to happen with all this!
Angie'nMarkFemaleCanada2010-02-13 11:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNOA2 FINALLY APPROVED!!!

Angie N Mark - OMG - that's great news !

OMG - yer Canadien Filers - you qualify for NVC Electronic Processing - have a look ?
http://www.visajourn...onic_Processing



Thanks for the link; I was hoping for the e-filing to work for us. I am so excited, my heart in going to burst!
Angie'nMarkFemaleCanada2010-02-13 00:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNOA2 FINALLY APPROVED!!!
I am sooooooooooooooooooooooooooooooo excited that after all my whining and worrying, Mark and I finally had our i-130 approved yesterday. Making some small progress. I hope all the rest of you November filers got word as well! :wow:
Angie'nMarkFemaleCanada2010-02-12 05:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNoa-2 ...
Congrats Congrats...we got ours recently too! It is a good sign. Glad to know that things are moving along. Happy Birthday!
Angie'nMarkFemaleCanada2010-02-21 09:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 AOS
Looking back at my e-mails...they sent us a confirmation e-mail a couple of days after we opted in electronically and in that e-mail they will tell you where to send all future communication, including all your scanned documents.
Angie'nMarkFemaleCanada2010-03-22 20:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 AOS

I'm currently on hold with the NVC...hoping I might get a quicker response from you guys!! I have set my OPTIN email for electrnic filing for Montreal but have not received an email back from them. I paid the AOS bill online and would like to send the I-864 but I don't know if I should wait for them and I don't know where to email it either. I hope someone can help? Thanks!


Pretty sure you wait until they get back to you. You have to check back in a 2 or 3 days to where you paid the AOS bill. I am pretty sure thats how we did it.
Angie'nMarkFemaleCanada2010-03-22 20:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-230
Hi everyone,

I am a bit confused after looking at the NVC website and the wiki for electronic filing. I am at the NVC stage, I have paid the IV bill, but I have not received any e-mail or communication telling me to fill out and send the DS-230 package yet. Should I just go ahead and send it...that's what the wiki seems to indicate. The web site seems to say not to send anything without the NVC telling you to. But I don't know if that applies for e-filing or what. The payment has passed, and I do have the receipt.

Any advice...I don't want it to go any slower than it already has.


Thanks in advance
Angie'nMarkFemaleCanada2010-03-28 12:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMontreal Police Certificate
Thanks for the advice...The RCMP station in Westmount, does it right there on the spot. No waiting. I think that is another good option. I did mine there a couple of years back for another reason.

I am also doing the CR-1....just wondering, but when do you have to send the police report? Or do you bring it to the interview. I am at a later stage than you (according to your timeline) but I have not gotten this yet.

Thanks
Angie'nMarkFemaleCanada2010-03-29 16:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow long it takes after OPTIN email? Can I mail doc
Call them for crying out loud...that is too long...it took us a little over a week to hear back about our OPTIN if my memory serves me. :thumbs:
Angie'nMarkFemaleCanada2010-04-09 18:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarriage License vs Marriage Certificate..
Can you just go across the border instead? Quebec there is a wait to but check out the states just south of you before you do it in Ont...it will be faster. Sucks!!! :crying:
Angie'nMarkFemaleCanada2010-04-09 18:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarriage License vs Marriage Certificate..
This is the reason we did not get married in Ontario! We researched first on what would be the fastest, ended up in civil ceremony in California because you can get it in a week. Some states are faster even.

Sorry to hear about the longer wait. Nothing more frustrating than that. :bonk:
Angie'nMarkFemaleCanada2010-04-09 18:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGathering all documents for I-130 Package.. Had couple of questions
We only sent our joint bank account as proof, aside from wedding certificate. We got married last October and opened the account two days after. Used it a month later when we got our first statement. We did not send any photos or call logs at all. I will have them for the interview. Ours was accepted.

My opinion is that less is more. Some people go overboard at the I130 stage...that is just my opinion.
Angie'nMarkFemaleCanada2010-05-12 16:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhich of places for medical in Montreal is best?

Hey Angie I inquired at Medisys a while ago and it sounds good. It's about $50 cheaper than the other one... that's my main reason for choosing it. Here's a reply they sent to my inquiry:

Good afternoon,



WE certainly can perform the medical appointments for a US visa. Here are a few details that you would need to know for your appointment. We can schedule you as early as this week. We are open on Mondays to Fridays from 7:00am to 2:00pm. It costs $215.00 tax included. We perform all the test in the same clinic (this includes the x-ray the blood work and the medical) It takes us 3 full business days to process your results. We cannot have the results on the same day. If you cam in for an appointment on a Thursday, your results will be ready on the Tuesday afternoon.


For more information and to book appointments feel free to call us at 1-800-499-1394 ext 3500.



Thank you and have a great day.



Mark Castillo



THANKS SHEWOLF!! Cheaper the better

Edited by Angie'nMark, 01 July 2010 - 05:57 PM.

Angie'nMarkFemaleCanada2010-07-01 17:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhich of places for medical in Montreal is best?
Hello my friends,

Now that I finally have the interview date-- it is time to make the appointment for the medical. Since I already live here it doesn't matter whose office I have to go to. Medisys is closer to my house, but which place is better? Cheaper? Oh, and I need to get the booster for Tetanus so where is the best place to get that? A regular clinic??

Any advice would be so appreciated, Thanks.
Angie'nMarkFemaleCanada2010-07-01 12:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCanadian CR-1s - August Interview Date??
YES case complete May 5th ....hoping ...waiting for August interview still
Angie'nMarkFemaleCanada2010-06-16 18:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIr-1 timeline

Well, I have crossed at both Toronto and Montreal airports and have been grilled every single time. I have had to show the documentation and ALL of it every time. It is up to the discretion of the officer you speak to, and certainly they can, and have denied people's crossing who cannot show ties back to the country of origin. So sure, you may be able to cross, and you could be lucky like the previous respondent, but the CR-1-IR-1 is clearly stated as a visa for people who are willing to wait apart.



Also the person who replied saying they have never had to show ties...is not being processed as a IR-1 visa....you should probably stick with people who have had direct experience with it. No offense, because I know that person is trying to help. Always err on the side of caution with this stuff. Tickets for travel are expensive and being denied would be a huge disappointment.

It really depends on the who you talk to when crossing. I have never really had to prove any ties, and if you have any of the paper, they are really cool about you going down. Just be honest and whatever you do, do not overstay your 6 months. Leave and come back if you want. That is what I did, but bear in mind, you have 6 months per calendar year, or 6 contiguous months, whichever comes first.


Person is asking about CR-1, you are a K1...different ballgame.
Angie'nMarkFemaleCanada2010-07-11 09:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIr-1 timeline
Well, I have crossed at both Toronto and Montreal airports and have been grilled every single time. I have had to show the documentation and ALL of it every time. It is up to the discretion of the officer you speak to, and certainly they can, and have denied people's crossing who cannot show ties back to the country of origin. So sure, you may be able to cross, and you could be lucky like the previous respondent, but the CR-1-IR-1 is clearly stated as a visa for people who are willing to wait apart.
Angie'nMarkFemaleCanada2010-07-11 09:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIr-1 timeline

This is in regards to other Canadians. How long does it take to get your visa?
Could I apply for my IR-1 visa and stay in the u.s. while I wait for my interview date?



Our interview is end of August...by then it will have taken 10 months for us. Pretty average I would say you cannot really live in the US while you wait. This visa is meant for people who are willing to wait apart till approval. To cross the border once the process has started you must show ties back to Canada...a job...a house...etc. You cannot move there and wait for the approval.

If you have any other questions you think I could answer, don't hesitate to ask me. I am going through all of this now!
Angie'nMarkFemaleCanada2010-07-10 15:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOriginal Documents at IR1 Visa Interview

:o This makes me curious. I thought the whole point of electronic filing was to have everything you submit to the NVC electronically transferred to the embassy or consulate where the interview is taking place. Anybody else who has filed electronically encountered this?


Well, they can access your whole file, but they have to do the extra step of downloading it from NVC. That is what the agent told me in Montreal. This is the reason you are to bring the originals, as that is what becomes the contents of your active file. Whereas, if you paper file, they already have built the file for you, and that is what gets transferred to the consulate.

The reason for e-filing is not so they can have all your papers, it is foremost to expedite the acceptance process for you. They still need to have all the originals in the end. Essentially it is enough to have electronic copies at the NVC stage, but once it gets to the consulate, and in order for them to make the final determination, they always need the originals in their hands.

I think they are still trying to work out all the kinks in Montreal though.
Angie'nMarkFemaleCanada2010-09-25 11:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOriginal Documents at IR1 Visa Interview

No, we did not file electronically, but we definitely made copies of everything. My guess is they have the documents. My wife was just a bit anxious. Well, I guess we both are. It's been a rather confusing process so far.
I had to move back to the states for school last month while she's still back in Montreal.
Thanks for your help.



Ok, well bring the copies that you have.

When I went for my interview for the CR-1 in Montreal, one of the employees told me directly: "When you do electronic filing, I get your file totally empty. If you do regular filing I will have the copies of the documents that you send already in your file." Then she showed me an empty file, mine!

So, I feel that you should be ok. You will have your back-up copies of everything to show them, so it should be totally fine. We did e-filing, and I expected them to already have everything for me but they didn't. We forgot to bring one of the originals, but everything still worked out.

Good Luck!
Angie'nMarkFemaleCanada2010-09-25 10:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOriginal Documents at IR1 Visa Interview

Hi All,

I believe I might have misunderstood the Montreal Consulate's directions. They gave us a checklist of things to gather for the interview (affidavit of support, birth and marriage certificates, photographs, etc.). We were not quite sure if we were supposed to send the originals they were requesting with the checklist or not. I had a free phone consultation with an immigration lawyer, and she said to send the originals with the checklist by mail so I did.
We have now received the letter stating we can schedule an interview. This letter also has a list of the original documents that we need to bring to the interview, but they did not return our originals with the letter nor indicate if they have kept the ones we mailed in. They would not have thrown them away, would they?!

Do any of you have advice on what we should do?


Did you file by electronic filing? If you did not they should have your originals. Of course they do day that you should have made a copy of all documents that you sent in.
Angie'nMarkFemaleCanada2010-09-25 09:08:00
IR-1 / CR-1 Spouse Visa Process & Procedureswaiting for an appointment at MTL
QUOTE (ohmy @ Mar 20 2008, 05:37 PM) <{POST_SNAPBACK}>
Hey Pepsichan, if u are referring to the HPV, it is not a vaccine that is required! So that should not affect.

Well good luck, I wish to God I was in your position, believe me!

Take care til we meet again


Hi there - I think there's a lot of confusion with regards to Gardasil (for HPV).

http://www.visajourn...t=#entry1522841

Just an FYI....
WantingMyHubbyFemaleCanada2008-03-21 14:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRants of an alien spouse
QUOTE (kitty loves moudi @ Mar 27 2008, 03:49 PM) <{POST_SNAPBACK}>
Hi Leah.. Before saying anything else I want to bring to your attention something, since you are in the immigration process, it may be detrimental to your case if you enter the usa. I'd seriously do some research on this. I happened to have read about this before where posters were already affected negatively. Don't just take my words, but do the research yourself and know if this applies to your situation. You mentioned being surprised at husbands doing the paperwork process for their wives.. I am in the thought that the 'petitioner' should be the one to petition for their spouse and it not being a gender sort of thing. I was surprised when I found VJ that infact, many beneficiaries are very involved and some like yourself are doing all of it. While it would be so good to have that support, some ppl are not equipped for this so in a marriage each has strengths and weaknesses.. paperwork might be your strength and his weakness. Think about his strengths.. see if you two would be balanced or not and if you can accept this.


I agree smile.gif I'm the foreign spouse (wife) and have done the majority of the research myself. While it can be frustrating sometimes when my hubby isn't nearly as knowledgeable about this process as I am, I know him like the back of my hand...and I know that it's not because he doesn't want me there as much as I want to BE there, I'm just the more patient and paperwork-oriented one. He puts forth a lot of effort and we balance each other well. Trust me, it's frustrating to wait while he gathers the documents for the I-130...but I trust him and am relying HEAVILY on my patience to get through this.

Just keep your communication open and honest throughout the process...don't worry Leah, you're not alone!

Sorry for continuing the off-topic topic! smile.gif
WantingMyHubbyFemaleCanada2008-03-27 18:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCompletely Lost and Heartbroken
QUOTE (MsZ @ May 2 2008, 11:32 AM) <{POST_SNAPBACK}>
My suggestion is that your husband got caught because he was in a rental car. When I crossed in a rental they asked a lot more questions than when I came in my own car.

I don't know why he doesn't get himself a passport and avoid all of the hassle. Surely there has been enough time to do that.

Regardless, there is simply NO reason for you not to cross into the US again. You are legal. But it is strange that you were denied after the investigator said you were not lying. Did you ask why if he felt you were not lying why you were turned back?

(And yes, it was dumb to bring stuff with you when you crossed. Only bring what you need for the length of your stay and nothing more.)


He has crossed in a rental car once before without a problem, but I can see how it would raise more questions.

Yep, he needs to get a passport ASAP. That's become more and more obvious. And yes, I was naive. I should have known better.

I think the supervisor had a lot of weight in the decision to deny me. When I left, I think she was still suspicious of me. And the investigator told me that I should get started on the visa...he said that technically, I COULD attempt to re-enter the US, but he suggested that I avoid future problems and wait in Canada until I had the visa. I tend to err on the cautious side of things (especially after that incident) and agree with him. He even said, "at least your husband can come visit you, right?"..............

It was a horrible situation, but there was a silver lining. We thought, well, at least I didn't have to sign anything. It was a mortifying experience, but I didn't see it damaging my chances for an immigration visa. And the way the supervisor treated me, I could tell that she WANTED to damage my record. Luckily, the investigator was extremely kind and didn't levy any charges in my name. I didn't ask why I was denied because I just wanted to get away from the situation as quickly as possible and as unscathed as possible.

I'm just so curious as to whether or not they could see his criminal record everytime he was admitted. If so, is it just a subjective decision to let someone in based on the time elapsed? I know it does nothing to ask these questions...but it kills me to think that if my hubby had seen another guard, maybe he could have gotten through. Then again, we could be facing the situation the next time he tried to cross. Who knows.

Patience...patience...everything will be okay in the end...sigh.
WantingMyHubbyFemaleCanada2008-05-02 10:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCompletely Lost and Heartbroken
QUOTE (PlatyPius @ May 2 2008, 07:31 AM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ May 1 2008, 05:32 PM) <{POST_SNAPBACK}>
QUOTE (WantingMyHubby @ May 1 2008, 02:29 PM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ May 1 2008, 05:23 PM) <{POST_SNAPBACK}>
Since he's the criminal and the USC, neither of you needs a waiver of criminal inadmissability to enter the US. He's here already. If he can't visit and you don't want to try, then you'll need to wait until your visa process is complete.


Thanks for the reply. I know we don't need a waiver to enter the US, I was wondering if any other USC knows about the waiver to enter Canada so he can visit while we wait out the visa. The border guard said there's some "humanitarian pass" that we can look into, but I've found no information on any such pass.

Apparently, Canada is extremely stringent on past criminal activity, but it doesn't make sense that he has been admitted 4 times in the past and no one has ever mentioned it...and suddenly, the border guard today says that he (my hubby) isn't allowed. It just kills me.


Visa Journey is a board focused US immigration. You need to contact Canadian immigration on this.



You really are a bit of a chopf##k, aren't you? I'm opinionated, rude, and pretty much offensive, but even I wouldn't have said that. (The "criminal" comment)

And yes, VJ is a board focused on US immigration, but some people have experience with Canadian immigration as well. And ultimately, the OP *IS* concerned with US immigration - she just needed help on getting him into Canada for a visit. It's an amazing concept that there may be people on here who know a few things other than USCIS-lore.


rose.gif

I was hesitant to post my question/situation, but I figured why not...I thought there might even be one person who went through the same thing. Thank you!
WantingMyHubbyFemaleCanada2008-05-02 10:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCompletely Lost and Heartbroken
QUOTE (MsZ @ May 1 2008, 11:14 PM) <{POST_SNAPBACK}>
You didn't explain why you were denied admission to the US. Unless there is something in your background that's a problem, you should be able to enter from Canada w/sufficient proof of ties to Canada.

My husband and I cross every other week or so near Thousand Islands. It is a bit out of the way for you but you could try there. The guards have always been very nice to my husband though he did get the lucky "200th vehicle" which gets the full workup not long ago. They told him that it had nothing to do with his having a CR1 in progress, it was really just because he was the 200th vehicle. He had to fill out paperwork as though he were entering the US on a plane. It cost some time but that was all.

And it does sound as though those clean 10 years should be enough to get your husband through the rehabilitation process. I don't know if you'll want to consult a lawyer or try to do it yourself. I'd suggest going it alone since you've got 10 years since the last incident.


See my above replies for a brief explanation of my denied admission smile.gif...

I'll have to look more into the rehabilitation process. Seems like that's the only solution. Hopefully the time elapsed will prove that he's no longer a criminal threat. We'll have to see.
WantingMyHubbyFemaleCanada2008-05-02 10:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCompletely Lost and Heartbroken
QUOTE (Eric_and_Corinna @ May 1 2008, 10:41 PM) <{POST_SNAPBACK}>
I believe he can go to the nearest Canadian Embassy wherever you live and apply for a waiver of sorts. I'm not sure how it works for anything beyond DUI/DWI, but you might check into it. Did the Canadian Border Patrol say he couldn't try again?

My wife and I were in the same boat as you regarding your denial. Did you sign a "Withdrawal of Admission" form? If you did, it won't affect your visa process now, but it probably would be best to avoid trying to enter again without the visa in hand, which it sounds like you guys already know. If you have repeated denials after being told not to try again, it could result in negative consequences down the road.

If you didn't sign any forms, but were just denied entry, it is possible to visit the US, but you should be prepared to show strong ties to Canada that will lead a rational (big assumption, there) border guard that you will return...mortgage statements, letters from work showing you're on leave, etc. Without those a border guard will assume that you're making THE MOVE and will complete your immigration requirements from within the US, which is a no-no.

The most important thing is to always be honest with the Customs folks. However, don't volunteer anything, just answer their questions honestly. Doing otherwise could really F things up for you.

Best of luck to you both. My wife and I know exactly how lost you're feeling, since we were there 10 months ago. It gets better...


The border guard gave him the number to the Canadian Consulate in New York and told him that I need to request a "humanitarian pass" for him. I called the number and it's all automated, I couldn't find what I needed. I went to the website and found nothing on the humanitarian pass. I did find the link for the rehabilitation info and found that useful.

When I was denied, I never had to sign the Withdrawal of Admission. I was just denied entry. However, I was there for about 3 hours and the supervisor was so determined that I was doing something horrible (and I really wasn't). First, she thought I had been living illegally in the US for years and she had caught me in the act; when I proved her wrong, she THEN thought I was making THE MOVE. She used intimidation tactics, like telling me that she had just called my parents and told them that I was in trouble (she never actually called). She was threatening me with jail time, etc. I was co-operative, but tough as nails. She never broke me. What made me cry was when the prosecutor/investigator came to talk to me - he was really nice and explained that although I looked "suspicious" at first, he could tell that I was being honest and wasn't doing anything wrong. Based on that experience, I refuse to attempt to cross again without a visa.

Thanks for your help...I know it'll get better, it's just the hardest thing I've ever had to go through...!!
WantingMyHubbyFemaleCanada2008-05-02 10:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCompletely Lost and Heartbroken
QUOTE (lucyrich @ May 1 2008, 07:27 PM) <{POST_SNAPBACK}>
Recently, thanks to post-9/11 changes, it's become easier for the Canadian officials to check the backgrounds of US Citizens attempting to enter Canada.

See this story in the San Francisco Chronicle: http://www.sfgate.co...MNGCAO9NSB1.DTL

For info on how to get an "approval of rehabilitation" and get the inadmissibility removed, see

http://geo.internati...missible-en.asp

Good luck. It sounds like the fact that a lot of time has elapsed since his legal problems may work in his favor.


Wow, thanks for that story! I had no idea how much of a problem it has become. Just like the story said, he has been admitted several times without a problem - but the border guard yesterday probably just thinks that my hubby was lucky in the past. It's just so crazy. Everything is pointing to us completing the waiver. Gotta stop crying and get to business, I guess.

Thanks again..
WantingMyHubbyFemaleCanada2008-05-02 09:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCompletely Lost and Heartbroken
QUOTE (Catt @ May 2 2008, 05:25 AM) <{POST_SNAPBACK}>
OR if you really can't find your way around this, you can also meet in a third location, where both of you can get in!

Plus, we obviously don't know your situation so I do not want to give you bad advice, but it's not because one officer once denied you access at a POE, that that'll also happen next time? Do you know exactly why you were not granted access? Check into how you can make your case stronger going over next time, like sufficient ties with your home country, as another poster already wrote. I'm flying to see my husband in about a month and i'm definitely gonna try to get in.

Keep your chin up!

Big hug,
Cat


He doesn't have a passport yet, so he can't fly out of the US sad.gif He always flies to Burlington and drives over. I wasn't granted admission in February because I didn't have strong enough ties to Canada. I was just visiting, but I had wanted to bring a bit extra to leave at his house. Not smart. I was really naive...it turned into a big mess and the supervisor was accusing me of SEVERAL things, like already living in the US (even when I showed her recent paystubs, she was suspicious)!! In the end I just got a stern warning, but if I try to go to the US again, I'm sure they'll see notes on what happened in February and assume I'm trouble. Even if I bring strong ties, I just don't feel like the risk is worth it. If it hadn't been such a mess, I would try!

Thanks for your support...good luck next month and enjoy your time together smile.gif

xo,

Melissa

QUOTE (Catt @ May 2 2008, 05:33 AM) <{POST_SNAPBACK}>
PS: Having committed a few felonies while in his teens, doesn't mean a person is labelled "a criminal" all his life. There is a difference between having a criminal record and being a criminal.


I completely agree!!!!!!
WantingMyHubbyFemaleCanada2008-05-02 09:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCompletely Lost and Heartbroken
QUOTE (pushbrk @ May 1 2008, 05:23 PM) <{POST_SNAPBACK}>
Since he's the criminal and the USC, neither of you needs a waiver of criminal inadmissability to enter the US. He's here already. If he can't visit and you don't want to try, then you'll need to wait until your visa process is complete.


Thanks for the reply. I know we don't need a waiver to enter the US, I was wondering if any other USC knows about the waiver to enter Canada so he can visit while we wait out the visa. The border guard said there's some "humanitarian pass" that we can look into, but I've found no information on any such pass.

Apparently, Canada is extremely stringent on past criminal activity, but it doesn't make sense that he has been admitted 4 times in the past and no one has ever mentioned it...and suddenly, the border guard today says that he (my hubby) isn't allowed. It just kills me.
WantingMyHubbyFemaleCanada2008-05-01 16:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCompletely Lost and Heartbroken
I'm in the very beginning stages of the CR-1 (have yet to send it out due to some complications). I was denied at a US POE in February. Since then, my husband and I decided that until I have a visa in hand, I will stay in Canada and he will visit me. We had a VERY difficult time with customs when I was denied, and I want to avoid them as much as possible.

In the past 2 years, he has come to visit 4 times w/out any problems. He was supposed to arrive today for another visit, when the US border guard denied him due to his criminal history. He committed 4 felonies when he was a teenager, which was over 10 years ago.

Let me say that he made some major mistakes when he was a teenager, but he is such a different person now. Despite my immigration problems, he has NEVER had an issue crossing the border into Canada until now. The border guard insisted that I could go down to visit, but he knows nothing about our situation. I firmly believe that trying to enter the US again will most likely damage my situation further.

Now my husband is at a hotel in Burlington, just 2 hours south of here, and I can't even see him. I feel like everything is working against us and I'm so broken down and tired. I love him more than anything and won't give up until we have the visa in hand...but has anyone experienced this before? Apparently there's a waiver for criminal inadmissibility, but I don't even think he's eligible to apply, based on the number of years that has passed! I could be wrong. I would just appreciate some insight based on past experience...this is excruciating. I just don't understand WHY the border guard denied him entry, when the past 4 times the other guards saw NO problem (the last time just being 2 months ago!!)

HELP......

Melissa sad.gif

P.S. Btw, this is probably evident, but I'm the Canadian beneficiary and he's the US citizen...

Edited by WantingMyHubby, 01 May 2008 - 04:17 PM.

WantingMyHubbyFemaleCanada2008-05-01 16:15:00