US Citizen, Married to Canadian, Denied entry, Unbelievable.

[Love_Young]

Did you actually overstay your visit or did you extend your stay but saying you overstayed because you think you did since with extensions you stayed more than 6 months?

It wouldn't seem quite fair to be looked down upon as not being a visitor when you are approved for extensions to stay as a visitor. Everything immigration involved seems to contradict itself. Ahh... Anyway, I really worry about this happening to me if we do not get AIP. I have been here for 2 years in March with a 4 1/2 month visitor record upon my 1st entry and two more extensions for 6 months each later given. Now I have waited an additional 6 months to get AIP and 3 more to still wait. If I get refused, I obviously have to go back home. My plan though is to at the very least stay 6 months in the US, get a job, build more ties, and hopefully have my husband visit when he can. I just worry about him having trouble since he has a disease and has to carry what seems like a lot of medication but only lasts him for 3 months. They did question him last time he crossed but never stamped his passport. Though I am positive he will continue to have troubles crossing just because he does need medicine to survive and it looks like a lot. If he was to get refused and then me, I don't know what I would do. I had thought about applying for Nexus if I am refused for PR but now I see that may not be possible. Hmm...this just depresses and worries me. Sorry for the rambling but this is my nightmare that I hope doesn't happen and so so so sorry it had to happen to you sogwap. I know you have been struggling so much and been trying so hard.

I think though I would take this as a sign to sit back and really, now I mean REALLY think about this whole thing. Your future together, if you want to be sponsored, how you will go about it, etc. This is a tough process and you need to take each step carefully. I know what it can be like to be uncertain at times for some things but I don't know how your wife could be uncertain about sponsoring you. She married you. Doesn't she want to be with you? I am sure she wants to be with you forever and same for her. So I would start saving up money. Have her visit in the mean time and put the application together. Then when you have it all together, mail it off. Then during the process, bring proof of your fees paid for and preferably sponsor approved letter, proof of ties to home, and bring your wife with you. Hopefully if you do this, you should be able to safely cross. Best of luck with everything and I hope things look up from here. You deserve to catch a break.

 

[canadianwoman]

2. I made the mistake of telling the truth that my wife is hesitant to sponsor me. When they called her she also told the truth that we did not have the money for sponsorship.

I'm really sorry that this happened to you.

But if your wife is not willing to sponsor you, I can see why the border official was suspicious. Try to send in your PR application right away. It will be cheaper than crossing over and being denied entry and having to stay somewhere while you wait to try again. Also, you will eventually be able to get a job - all this waiting means you can't work, which is something that bothers your wife. Try to make your wife see that the sooner you send in the application, the sooner you will be able to work; and that in the long run this will be better financially than waiting.

 

[sogwap]

Here's an update to what happened five weeks ago.

On Jan. 24, 2011 I went to Buffalo for two job interviews. When I attempted to come back to Canada I was refused entry. The facts behind this is that I've been in Canada for over a year without a job. I made the mistake of saying I didn't know how long I was staying and that my Canadian wife has been hesitant to sponsor me because I not been able to work... Although I have been back to the States a number of times in the past 18 months, most of my time had been spend in Canada.
Other than threatening me with a one year exclusion order the only thing the IO gave me was a generalized list of items posted here.

I spent the next 2.5 weeks in a motel in Buffalo, unsuccessfully looking for work. My wife came on the two weekends to visit, more over she realized that she was miserable without me and at this point was the one pushing to send in the PR application.

On Feb 11, I attempted to re-enter Canada. I had no idea what would happen. The Canadian IO was much more sympathetic gave me a 2 week visitor record, and a specific list of what was needed to re-enter Canada after the 2 week visitor record expired.
Side note: Sadly I saw the same IO that refused me entry 2.5 weeks earlier refuse another American. ???

For the next two weeks while I was back in Canada with my wife, we completed the PR application and paid the PR fees on line. I also collected documents that were listed. Including Marriage certificate, bank statements, and a letter from stating that we were married, and explained why the PR has taken so long, and that she is willing to take care of me this during this time.

Yesterday (the date listed on my 2 week visitor record that I had to leave), I went back to the border, turned in my visitor record. I then showed the Canadian IO the documents that I had prepared, and asked to stay and to my surprise was issued a visitor record for one year. I turned around and drove 3.5 hours back to be with my wife.
Ironically I never did go back over the bridge (to the State) but had to go back through the Canadian Border patrol to re-enter Canada, and was given the third degree. I was given a yellow slip to give to the secondary customs/inspection. The IO took the yellow slip crumbled it up and said you are all set, you can be on your way.

 

[Baloo]

So two good things happened,
1) you wife realizes she wants you and...
2) you got the application in and can stay for a year.

Good luck with the application.

 

[Patricksgirls]

I am glad to see that you were able to get back in. You were quite fortunate considering your previous overstay and no application. Enjoy Canada and hopefully the process for immigration goes quickly.