MissingYou

Hi Everyone. I have a question. I recently married a Canadian, I'm an
American and we started the paperwork process. We have receipt on the
i-130 and receipt on the i-129f thus far. We have been visiting each
other during the process. We initially lived about 35 minutes apart,
on either side of the border. I just recently moved farther north so
that we may both commute to work to be together. Now we are driving
distance, about 10 minutes apart. As I was crossing to visit I got
denied entry because of my short status of residence (I guess they
thought I wanted to stay in Canada, even though I told them we had US
paperwork processing). Long story short, I've been denied entry 3
times and I'm giving up. It's always something new they want me to
show. At one of the times I was refused, my husband was with me, the
US immigration told him he had to stay on the Canadian side, because he
was "in process" and sent me back alone. I have read so many sites, and
called so many border officials who have all told me that he can cross
as long as he can show that he's returning to Canada as his primary
residence while he waits for the visa to be processed. Does anyone
know if this is true? Where I could find the law? He is scared of
taking any chances of having his visa revoked. We don't want to start
this process all over again. He has been on his job for 17years, and
will continue to work in Canada after he comes here, as well he has
been at his current residence for over 3 years. I miss him. He's only
10 minutes away! Can anyone help me with any sites?


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MissingYou
Posted via http://expatforums.com

Jonathan McNeil Wong

MissingYou wrote:
    > Hi Everyone. I have a question. I recently married a Canadian, I'm an
    > American and we started the paperwork process. We have receipt on the
    > i-130 and receipt on the i-129f thus far. We have been visiting each
    > other during the process. We initially lived about 35 minutes apart,
    > on either side of the border. I just recently moved farther north so
    > that we may both commute to work to be together. Now we are driving
    > distance, about 10 minutes apart. As I was crossing to visit I got
    > denied entry because of my short status of residence (I guess they
    > thought I wanted to stay in Canada, even though I told them we had US
    > paperwork processing). Long story short, I've been denied entry 3
    > times and I'm giving up. It's always something new they want me to
    > show. At one of the times I was refused, my husband was with me, the
    > US immigration told him he had to stay on the Canadian side, because he
    > was "in process" and sent me back alone. I have read so many sites, and
    > called so many border officials who have all told me that he can cross
    > as long as he can show that he's returning to Canada as his primary
    > residence while he waits for the visa to be processed. Does anyone
    > know if this is true? Where I could find the law? He is scared of
    > taking any chances of having his visa revoked. We don't want to start
    > this process all over again. He has been on his job for 17years, and
    > will continue to work in Canada after he comes here, as well he has
    > been at his current residence for over 3 years. I miss him. He's only
    > 10 minutes away! Can anyone help me with any sites?
    >
    >

The law is in section 214(b) of the Immigration and Nationality Act:

Every alien (other than a nonimmigrant described in subparagraph (L) or
(V) of section 101(a)(15), and other than a nonimmigrant described in
any provision of section 101(a)(15)(H)(i) except subclause (b1) of such
section) shall be presumed to be an immigrant until he establishes to
the satisfaction of the consular officer, at the time of application for
a visa, and the immigration officers, at the time of application for
admission, that he is entitled to a nonimmigrant status under section
101(a)(15).

What this means is, your husband has the burden of proving each time he
seeks entry at the border that he will return to Canada after his
temporary visit and that he has a residence in Canada that he has no
intent of abandoning. The key phrase is "satisfaction". He must
satisfy the immigration officers at the time of admission of these
facts. This is largely a subjective standard -- basically, if the
offidcer isn't satisfied, admission can be refused.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

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Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
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