My fiance has been refused at the border

[zuzie]

My fiance went home to Canada to see is dying father. Today he was flying back to the states, when he went through customs he was refused entry, because they said he was trying to immigrate to the US. That is true but we have not filed the offical documents here in the states yet and no he has not over stayed his 6 month limit. What do we do now. He said fly here to Vancouver and we will go to the embasy but who is that going to help? I am just so sad right now and at a loss for what to do =(

 

[Leon]

If you are going to sponsor him to the US, the proper way for him would be to apply for a fiance visa. If he gets it, he can come to the US and you will have 90 days to get married and file for sponsorship.

If he is refused for some reason, then you go to Canada, marry him there and then go back to the US and sponsor him.

 

[zuzie]

Thats been the plan but today when they refused him there was no reason for him to be refused. Even the border agent who took him back to the Canadian side said he looked it up and there was no reason for him to be denied. He is currently at the Border agent office filing a complaint and then to the embassy.

Thanks for the info and if I have to Ill go there to marry him =)

 

[scylla]

Border officials do have the right to refuse someone entry (as you know, visiting is a privilege - not a right) and unfortunately it's unlikely lodging a complaint will make any difference. I agree with Leon. You should focus on submitting a fiance visa as soon as you can.

If you end up needing any help completing the visa paperwork - I would highly recommend the following US immigration forum:

http://forums.immigration.com/forum.php

Good luck.

 

[Leon]

scylla is right. The border officers can deny anyone entry for any reason, visa exempt or not.

Because you are visa exempt, you may take it for granted that you can pop over for a visit but if the immigration officer has a reason to believe that you may overstay, that you may work illegally or simply are unsure of your reasons, they can deny you entry.

Many US citizens are also turned back when trying to enter Canada. In some cases, fiance's as well. Some have been told that they should not try to enter again without a steady job in the US and proof of that so the immigration officer knows they will return. I am sure the same is true for Canadians going to the US. Making a complaint is unlikely to accomplish anything.

Either apply for the fiance visa or go to Canada and marry him.

By the way, I knew a US/UK couple some 20 years ago. They had already planned their wedding. The UK fiance came to the US ready to get married and was turned away at the airport based on that if he wanted to get married, he should have a fiance visa and not try to enter as a visa exempt visitor. He went back to the UK, they applied for the fiance visa and got it. He returned to the US, they got married and still together now 20 yrs. later.

 

[zuzie]

Thank all of you for your input. Its been very informative. I am so frustrated because it was so un-necessary. I have gone there he has come here many times in the past 2 years. So this time we expected no different. The Customs agent who pulled him out of line and interviewed him for 4 hrs said I am not in the business of believing people so anything you tell me I will assume is a lie. That is even in the papers of the interrogation he was given when he was escorted back to the Canadian side. Right or no right they don't have to be dicks about it.

So yes I have printed out the 6 page petition for Alien Fiance, and the 9 pages of instructions to fill out those 6 pages. Once the petition is accepted (or not) then I can apply for K-1 status. I am presuming that 6 years later I might get to see him again. No wonder there are so many who avoid the Government.

 

[Leon]

Or you go to Canada, marry him there and then apply to sponsor him for a green card.

I also know a US/UK couple who did it that way. The US immigration officer remarked that they had cheated the system by getting married in the UK but he still got his green card.

 

[zuzie]

I suppose I should try to be more positive but as you said, even if I go to Canada and we get married there all i can do is APPLY to sponsor him. Then its left up to someone mood that day. :-[