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US border crossing - expert advice req'st b4 24th Dec, please!

US border crossing - expert advice req'st b4 24th Dec, please!

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Old Dec 22nd 2002, 9:52 pm
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Paradox33
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Default US border crossing - expert advice req'st b4 24th Dec, please!

I have taken the liberty to provide background info; in order to solicit a more accurate response from any reliable informant.

Thank you in advance for reading!

I'm a 26 year old from Birmingham UK (British Citizen), and have been staying in British Columbia, Canada, since November this year.
I'm currently awaiting response from Human Resources Canada, to an application for employment authorization filed 10 days ago to start work with a company wishing to employ me.

I have a girlfriend whom is a dual US/Canadian citizen. She lives in Washington state and visits me in B.C. on a frequent basis. She has invited me to stay with her and visit friends in the US for Christmas. She plans to drive up, collect me, and take my back down with her.

Although there is no apparent reason at all why I should have any hestitations about crossing the Canadian/ US border - aside from the fact that I am no fan of immigration at the best of times - I seek to put my mind at rest over this one small matter...

I believe I am still "technically" married to a US citizen - albiet, totally estranged: I've have had no contact with this woman since the summer of 2000.

In 1999 I married said girl in Oregon, after knowing her only a few months. We quickly fell in "love" (at the time) and did not marry simply to persue a Green Card. Admittedly, the marriage was somewhat impetuous, I was 23 and a little naive. It felt right, we had no moral problem with it, and said "why not?".

We were married in front of two witnesses, filed the appropriate applications with a well-respected local Immigration lawyer and followed everything by the letter.

Shortly thereafter, I obtained an adjustment of status and subsequently, a work-permit and Social Security card.

After about 6 months, the marriage unfortunately fell-apart. The girl I married became increasingly belligerant. In order to give us 'space', I moved out and rented my own place for 6 months. We sustained, for the most part, an intimate friendship and agreed to stay married, persue the Green Card (I was enjoying my life and career in the US and she wanted to return to the UK where her Mother lived) - and while doing so, see if we could repair our marriage. This was my understanding, at least.

Such reconciliation did not happen on any long-term basis and approx. two months after moving back in with her, into "our" apartment, things worsened. I decided that enough was enough. (She had given up work, expecting me to pay for everything and her general attitude indicative that she was using me for a "free-lunch", a cosy, lazy, pot-smoking lifestyle. Definately not the girl I had originally married.)

I considered that to stay in the U.S, persuing the green card, assuming my wife was 'party' to this for her own gain, we would then have been risking an unfavourable assement by the INS.

The suspicion of 'marriage fraud' was certainly not a reality I cared to risk.

I promptly left the U.S., and duly instructed my lawyer to terminate my application for permanent residency.

Upon returning to the UK, she sent me an unsavory email claiming I had left her in a difficult position. In fact, we owed each other nothing - (out of goodwill, I had left her my expensive new PC for her to sell to make rent).

She threatened to have me arrested should I re-enter the US, most likely an angry retort.

She also wanted me to pay a large phone bill that was not my responsibility. I sent her an explanation of why I left, without any blame or judgement, and made efforts to find some understanding as to where we went wrong.

Thankfully, that was the last correspondance or contact I have had.

I have not returned to the U.S. since, and I have not persued a divorce, (I have been occupied with other things in the UK and have not had the time, money or desire to address it properly).

However, I do not desire contact with "wife" again and will be persuing a divorce early in the new year, assuming I can locate her and expidite proceedings (which should be a formality).

At the time of my departure, my Immigration lawyer (whom I now cannot locate) advised me that while it was not essential I was divorced for future entry into the US, it was advisable.

My questions are:

1. Although an unlikely scenario, what are the possible rammifications I may encounter if my "wife" did, in the heat of the moment, file some ingenous complaint with INS in Oregon?

Despite that evidently revealing her own cooperation (in whatever "story" she may have posed or distorted) and only her side of the story, would that have been taken seriously?

2. Would I have bene notified and would this be on my record, on some databse accessible by Immigration officers at the US border?

If so, will this mean I am questioned at the border? What is the very worst that can happen? I have no criminal record and have never over-stayed a visa-waiver. It is theoretically possible they can indeed arrest me or detain me and deport me, even though I am with my girlfriend hoping to enter the US by car?

3. If I am denied entry, will this affect my work permit application in Canada?

4. Will they question me to see if I am persuing reconciliation, which I am not?

5. Also - on another note: as I am persuing a work permit here in Canada, will I encounter any problems re-entering Canada?

I know such scenario(s) are unlikely but unfortunately, but not being an expert, I don't know what to expect or believe!

I'm sure I have nothing to worry about, after all, considering I terminated my application for permanent status, this should be evident proof I did not intend to "break the law".

Over 2 1/2 years have passed and I now wish to return and visit old friends and enjoy Christmas with loved ones.

Excuse the verbosity, but again, I would rather secure good advice based on accurage information.

Thank you most sincerely in advance if you can provide any good advice. Please kindly provide an email address so I can follow up any correspondance.

Merry Christmas - and take your time getting married if you are thinking of doing so! ;-)

Mathew
[email protected]
 

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