I am unsure the right way to ask this (about being "flagged")..

[spider04]

Hello! I'm new to this forum Ever since August of last year, I have searched, and searched, and asked around literally everywhere; and I still don't have an answer.. Question: How long does a person remained flagged after being denied entry into Canada? Month(s)?? Year(s)?? I really need to know; but I don't know how to go about finding out..

(I'll try to make this not a "book") ~ Ok, so last July I tried to cross-over into Canada. My fianc'e lives in Canada. Granted, I did not know that I could not cross with the intention to live there. My fianc'e had told me that I could get my Visa there, get married there.. etc.....

When I had got to customs, I was asked the reason for my visit. Since I am truthful, I said was to live there, to be with my fianc'e. I honestly did not know not to say that. I got denied and told my fianc'e what happened. He did not understand why I could not cross.. so, he wired me the money for another bus ticket to try again.. Same result.. and, again.. same result..

I was told by (I would guess, an officer?) there that if I were to try to cross again, without the proper paperwork "to live there"; that the [[ NEXT ]] time I tried to cross, I would be arrested and not to ever be allowed into Canada.. period.

That devastated me!! I was then wired money for the bus ride back home. I was told that I was flagged..

I can't be flagged indefinetly.. can I?!?! It can't be forever; can it?! We both understand what we have to do for me to be able to live there; as I was told by that officer(?) that I had to have a green card, my fianc'e has to cross over to the states and us marry here, and then he has to become my sponsor; before I can live there. Understood.

However, takes time to save for that green card. He can't come visit me because he's disabled; and we already have a person that will help him at least cross-over into New York,(when comes time for marriage).. but, I really want to be able to still at least visit every-so-often.

I have tried to call any (border) numbers I could find, and even had a couple of friends that live in Canada to try to help me find out how long being "flagged" lasts.. I've come up with absolutely nothing.. Since August (last year) I have searched online and asked around.. only this morning is when I happen across this forum. So, I thought I'd ask here.

Is there an actual number that can be called that can actually help me with this? Or, does anyone on here know?

Thanks for anyone who takes the time to read this, and if anyone could please help me; or can better direct me to who I should be asking this.. would be a very tremendous help Thank you!

 

[scylla]

You should assume the flag will remain on your record indefinitely and that you will be examined more closely each time you cross since you have been denied access to Canada previously and also previously expressed an intent to live in Canada (which you're not allowed to do as a visitor).

If you want to try re-entering Canada, you should make sure you are carrying plenty of proof that you have strong ties to the US and have no plans of remaining in Canada long term. Ideally you should have several of the following as proof: proof of full time employment, proof of property ownership or rental, utility bills, bank statements / credit card bills, etc. You should make sure you have a return ticket when you enter Canada and you should also not bring too many bags with you (since you are only allowed to visit Canada and not move here). You should also plan to make this first trip back to Canada a short one (maybe one weekend or week) since you had so much trouble entering last time.

 

[spider04]

Thank you very much for your fast response to me So, even if as "indefinite flag"; if I were to get denied.. basically I still have what that officer said to me about being "arrested" next time I try to cross, and am denied.. that still worries me; and I don't want that to happen. Should I be worried about this? I don't want to get arrested.

Also, I should mention, I have no employment, as I have a couple of severe mental disorders that render me to be unemployed. I am, however on SSI, and do have proof of that; where I get an SSI income check at the 1st of every month.

A return ticket is no problem. And, that was 1 of my mistakes.. I had brought with me 3 suitcases, that had all the clothes/stuff I wanted/needed up there with me. I'm sure that did not help.

And, lastly please, if you know/can help with this? But, is a passport good enough still to try and cross through? Or, do I need, I think what's called a "Visitor's Visa"? I want to try and do this all correctly.

Thanks

 

[scylla]

I can't comment on the officer saying you will be arrested. If there are more details regarding what happened when you were refused entry (i.e. did you sign anything? were you given any letters/forms?) you should provide us with these full details. Right now there's not enough information provided to comment on this.

I'm going to be honest, the fact you don't have a job is going to make it a lot more difficult for you to cross successfully. Immigration officials are looking for strong ties to the US. Employment is one of the strongest ties you can show. SSI really isn't a tie. If anything, this may work against you and cause the officer to be concerned that you don't have the funds to pay for your stay in Canada.

Three suitcases was FAR too much. Bring one small suitcase at most if you want to try visiting again. And no - you don't need a visitor's visa. You can visit on your passport alone. US citizens don't need visitor visas.

Since you are going to have trouble showing strong ties to the US and may have trouble entering Canada next time as well, you may want to instead focus on getting your fiance down to the US asap so that you can get married and start the spousal sponsorship application process.

 

[spider04]

I tried 2 additional times, after the initial 1st time to try to cross-over. My fianc'e didn't understand why I could not cross over. He wired me the money to try a 2nd and 3rd time.. All this in a weekend, and denied. I had no choice but to go home because I was threatened with arrestment, if I tried again. So, I was wired money for the bus ride back.

O.k., so if we concentrate more on the marriage aspect of it 1st, do I need to have my green card (before) marriage?? Or, is that something that I can still obtain after marriage? From my understanding, a green card is roughly around $2,000; unless I was told wrong. Either way, it is taking time to save, even with my fianc'e saving some, as well for it.

And, if we do go on ahead and get married 1st; after marriage is it still ok for me to visit; or does that happen after sponsorship?

I am sorry for all the questions; again, I just want to try and make sure I go about this the correct way. And, means alot all the info you've given me so far!! I thank you so much!

 

[scylla]

Canada has no green card. I assume you are taking about the Canadian PR card and PR status. The cost of obtaining PR status is probably around $1,500 ($1095 in fees + medical + police certificates).

In order for your fiance to sponsor you for PR status in Canada, you must first either get married or become common law. Common law means you have lived together for a minimum of one full year. It doesn't sound like common law will be possible for you - so you will have to get married before you can start the PR process.

Nothing will change once you are married from the perspective of visiting Canada. Once you are married, if you want to visit Canada, you will still have to prove that you are only coming to Canada temporarily and it's still entirely possible that you may still be refused entry into Canada. You will only be able to enter Canada without any issues once you have PR.

If you have any further questions about the PR process, I would recommend that you spend several hours reading over the discussions in the Family Sponsorship section of the forum and then post any additional questions there. Something you should consider is that while there is no income requirement to sponsor a spouse for PR, CIC may ask for proof of how your partner plans to support you once you are in Canada. Make sure your partner is on disability (and not on welfare / social assistance since these make him ineligible to sponsor you). If there are family members who are going to help the two of you once you are in Canada (e.g. you plan to live in the house of a family member), this would be good proof to provide in the sponsorship application. Again, you should really spend time reading through the discussions in the Family Sponsorship section of the forum. Your questions make it pretty clear you don't understand the process yet and it would be a very good idea to get educated about it.

Good luck - hope this helps.

 

[spider04]

Thank you very much again for all that you've helped me with, this morning. I have learned so much already, and will read what you suggested. And, thank you for the luck and, what all you've said has helped me.