chamila

I'm in USA with H1B visa and married to a Canadian citizen. My wife is still in Canada and is hoping to join me here early next year. Today, she tried to cross the border and VISIT me for the weekend but she was not allowed to do so saying she lost the right to visit US now.

I knew that when she's coming here to settle down, I could take all the documents and get her H4 status at the border (through online forums; can't find anything about that in the official website). But we didn't do that since she was trying to come here only for 2 days.

Please advice me on now how we should move forward. If she's to apply for H4 can she again go to the border (Buffalo) with documents? Or should she need to go to an US embassy in Canada?

Noorah101

This is not true. She can still come to visit the USA as she normally would as any other Canadian tourist. The POE agent was wrong.

I'm sorry, I don't know the procedure to obtain an H4 visa from Canada, whether it can be done at the border or needs to be done at a US embassy.

I do know that she should be able to continue visiting the USA as usual, though, until she gets an H4 visa.

Rene

chamila

Thanks for the reply. This is what she was told and obviously she was not in a situation to argue.

Noorah101

I wonder, did she ask to speak to a supervisor or anything? I am wondering what the POE officer was basing his answer on. Simply being married to an H1B holder does not make one "lose the right to visit the USA".

I'm not sure why she wasn't in a situation to argue. Maybe she felt intimidated by the POE officer; sometimes they can be aggressive.

So she now wants to go ahead with the H-4, is that correct? Rather than try visiting again? Because my first suggestion would just be to try again on a different day or a different POE.

Rene

Steve_

The simplest solution is for her to just get H-4, it should be pretty perfunctory to get it. She just needs a copy of your I-797 confirming your status, copy of your I-94 with the H-1B stamp to show you're in the country and marriage certificate to prove the relationship. Copy of the photo page of your passport is probably a good idea too.

They issue her an I-94 with an H-4 stamp, that's it. They'll put her through US-VISIT, i.e. fingerprint her and take her photo.

No idea why she was denied entry as a visitor, sounds weird. But there's no downside to getting the H-4 so she should do that. Costs $6.

She definitely does not need to visit the US consulate.

crg

They probably thought she was moving in and not visiting and she couldn't meet her burden of proof that she wasn't. She presents evidence of your status, a marriage certificate, proof of Canadian citizenship and six dollars (land border only) and she's good to go.

The H4 is much easier than trying to B2 visit a spouse who resides in the US.

S Folinsky

Other than E & K, Canadians do NOT need "visas" Even many lawyers miss this one.

crg

Just as a side note, it can get really ugly if someone who was refused at one port of entry goes "port shopping" to another or attempts again without complying with the instructions depending on the situation.

For example, If a commonlaw spouse of an H1B just went back to Canada following a 6mo "visit" attempts to return for another visit and gets denied, simply going to the next crossing may result in a removal order.

We don't really know if the OP is a real spouse or a commonlaw spouse, if she currently has a foreign domicile or enough about her immigration history. The path of least resistance is the H4.