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Did she screw up her chances at smooth immigration?

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    Did she screw up her chances at smooth immigration?

    So, my aunt just recently closed the distance with her fiancé. Now, I am used to hanging on here and talking to people who have immigrated one places or another to be with spouses, so there were many things I just thought were common knowledge... such as the fact that you need a VISA to move to the U.S. Even if you are still allowed to visit for 3 more months...

    Well... my aunt sold all her things, packed up her few belongings she planned to keep in a U-haul trailer, and headed for the boarder last week... This is an excerpt from the email she sent me about her travel adventures:

    They took a look at the trailer and said there was no way I was just going for a visit (incidentally I still have my apartmentin Ottawa till the end of November). We needed the proper papers to move there and we didn’t have them since we still have to check on the health care system of both countries, etc. We just wanted to get my personal things across and get married, but looks like, even if we did get married, we still need to fill out the proper papers so I can move there.

    I was asked to follow these two guards (one in front, one in back of me) to a small filthy room where they put me facing the wall, hands on the wall, feet away from the wall, legs apart and they frisked me doing a full body search! Then they brought me to another room for fingerprints and a picture taken (I’m pretty sure it isn’t a very good one!). Now, somewhere in the United States of America there's a folder with my picture on it, to be kept as evidence against me.

    Was then released and told that before I can ever enter the States again I have to have 6 monthsworth of the following request:

    1. Proof of Citizenship
    2. Evidence of Employment
    3. Evidence of Foreign Residence
    4. Evidence of Financial Ability
    5. Evidence of Financial Assistance
    6. Sufficient Funds
    7. Address, Telephone number where I can be reached in the United States

    They sent me back to Canada; was told if I lied I would be banned forever from the States.

    We had to figure what to do with my stuff so we opted for a Storage locker. THEN it was figuring out what to bring and what to put in storage. It was very hard because I wanted all of it, these where all the possessions I have in the world. No more furniture just these few things. SO we went to the bank to get statements of my financial affairs, where I lived in Ottawa, etc. My passport was proof of citizenship

    We got lost in Windsor, going the wrong way but we finally found the border again. As soon as they saw the trailer, we knew we were in trouble and were asked to park and go into the building (again). I got the meanest, nastiest, the mother of all drilling sergeants. They made us wait forever on a cold chair, then this mean and nasty guy and all kinds of stuff (sort of living a part of ‘Alice’s Restaurant’), called me up, he practically yelled at me, said I had none of the papers, NOT TRUE! I showed them my retirement letter, he still didn't believe I worked, said I forged the letter. Showed them aolder cheque for rent (with my address on it), told me that I could have faked the address on the cheque. Nothing I showed him seemed to be accepted. I asked how I could prove I lived in Ottawa (which I officially still do till the end of November); he asked to see a lease (who keeps a lease with them?) I told them the truth, 19 years ago I had a lease but after a few years I had no more lease to sign, I’m on a month to month basis. He said I was lying, he had never heard of that. I don’t get my cheques back since I’ve been 60 because I don’t pay bank fees anymore. But I showed him all the statements for the last 6 months showing that a certain amount was taken off my back account on the 1st of every month, which was my rent, he still gave me a hard time. 3 hours of this drilling had me in tears. He asked me why I was going to the States so often (this was my 3rd time), I told him because I wanted to be with my fiancé and since I’m retired, I could do that. He asked me why I was bringing my TV; I told them that my fiancé loves sports;that is the first thing heaccepted and didn’t question again.

    During this time Steve was not allowed to stand with me; he was told in a very cold, cruel voice to "GO SIT DOWN". He couldn't take what they were doing to me but he had no choice it would have made things even worse.

    After 3 hours of this type of questionnaire and having me sit down so Sergeant Mean could verify what I told him or gave him, he finally called me back and said that he would let me in the US but only if I agreed to get out at the date he would give me, not one day later. So he gave me 3 months, which means I have to be back in Canada for 6 months because I'm allowed only 6 months in a year to visit. We both agreed and were on our way. Other guards rushed us out as we picked up the car. Steve wanted to check the trailer but we were force to leave immediately.
    So I referred her to visajourney.com as I noticed many people mentioned this website on these forums here... But when I went on there I noticed some things.... She can't apply for her K1 visa from within the U.S. And she will no longer have her apartment as of November! It sounds like she has a real immigration nightmare on her hands, doesn't it?
    First met online: June, 2010
    First met in person: August, 2011 (See the story of our first visit)
    Second visit: December, 2011 (Christmas and New Years together!)
    Third visit together: August, 2012
    Fourth visit: December 2012 (Christmas and New Years together!)
    Fifth visit: July 2013 (2 weeks here in Canada)
    Sixth visit: December 2013 (Christmas and New Years together again and I finally met his mother!)
    Next visit: Unknown... for now but coming up ASAP

    #2
    Sorry, I didn't read the email. But I've read countless times on visa journey that it is illegal to enter the USA on false pretenses. Meaning you can't enter on a tourist visa intending to get married and stay. Once she applies for a K1 or CR1 she might end up with problems due to proving that she didn't originally come to the USA intending to marry.

    Comment


      #3
      I thought it was common sense, too, but I'm always amazed at how many people ask me, "Does he need a visa for that?" While your aunt makes it sound like it was just awful and terrible and everything was cold and cruel and nasty (and I do agree that sometimes these people can be really nasty), remember that she is the one who didn't follow the rules, and there are legitimate cases of illegal immigration that happen every day-- even seemingly innocent people.

      Well, I don't think she's screwed, but selling all your stuff and coming along with a trailer full of things is really, really suspicious. There's no easy way around it. She will most likely need to find some place to live on her side of the border and apply for an fiancee visa (NOT a temporary/tourist visa, since her intention is to marry in the states). If she has family, she can stay with them temporarily... if not, I guess it's time to look for a new place if the old place is out of the question. She could also just marry her fiancee now (just a legal marriage) and go back and apply for a spousal visa. Either way, not a good idea to uproot yourself and then tell them you're going on a temporary visit.
      Canadian permanent residence APPROVED!
      Closed the Distance: 09/26/2019
      Engaged: 09/26/2020

      Comment


        #4
        Originally posted by lucybelle View Post
        But I've read countless times on visa journey that it is illegal to enter the USA on false pretenses. Meaning you can't enter on a tourist visa intending to get married and stay. Once she applies for a K1 or CR1 she might end up with problems due to proving that she didn't originally come to the USA intending to marry.
        I was thinking this was the case too.. It is so hard, because I feel as she is my elder, it is not up to me to tell her how she should have handled immigration, etc...

        Originally posted by kittyo9 View Post
        While your aunt makes it sound like it was just awful and terrible and everything was cold and cruel and nasty (and I do agree that sometimes these people can be really nasty), remember that she is the one who didn't follow the rules, and there are legitimate cases of illegal immigration that happen every day-- even seemingly innocent people.
        Yes, as I was reading her email I was thinking how though she thinks she was so unlucky... I can't believe they actually eventually let her through!! She's actually quite lucky!

        I'm sad for her, though, because she had her apartment for like 20 years and she really naively thought that just getting married would mean she could move with him... Her daughter that she would probably have lived with to sort this out, just moved to the U.S. herself (California) so she doesn't have many roots left here...

        I'm so surprised she didn't research into it! It's so unlike her!
        First met online: June, 2010
        First met in person: August, 2011 (See the story of our first visit)
        Second visit: December, 2011 (Christmas and New Years together!)
        Third visit together: August, 2012
        Fourth visit: December 2012 (Christmas and New Years together!)
        Fifth visit: July 2013 (2 weeks here in Canada)
        Sixth visit: December 2013 (Christmas and New Years together again and I finally met his mother!)
        Next visit: Unknown... for now but coming up ASAP

        Comment


          #5
          Poor thing, she sounds a bit lost in how it all works. I don't think she's screwed though, as long as she follows everything to the letter from here on in. Was it that no one knew she was in this relationship? I don't know how it's possible that she could have planned all this and no one thought to tell her "uh, doesn't work like that".

          I know you don't want to tell her what she should have done, and hell, that wont help anything now anyway - but you can surely help her not make the same mistakes with the rest of it You might hurt her pride a little bit, but isn't that better than her being banned from the US and a future with her SO?
          Happily married to the little Canadian boy I never thought I'd meet in person

          Comment


            #6
            Originally posted by Zephii View Post
            Poor thing, she sounds a bit lost in how it all works. I don't think she's screwed though, as long as she follows everything to the letter from here on in. Was it that no one knew she was in this relationship? I don't know how it's possible that she could have planned all this and no one thought to tell her "uh, doesn't work like that".

            I know you don't want to tell her what she should have done, and hell, that wont help anything now anyway - but you can surely help her not make the same mistakes with the rest of it You might hurt her pride a little bit, but isn't that better than her being banned from the US and a future with her SO?
            I forwarded to visajourney.com and some relevant links on that website telling her it sounded like this may apply to her situation... hoping it wouldn't seem so much like me thinking I'm a know-it-all.. And People knew she was in this relationship but it moved really fast... They've been together less than a year, I think... I guess they are closing in on a year... She's 61 years old and never been married before... so I guess this time just felt right... Anyways, I know I never talked to her about the way these things worked because I thought between the two of them they surely would have known or researched it... My Mom and sister gave the same excuse as to why they didn't say anything... we all thought she had done things by the book... It seemed fast but my aunt is ridiculously motivated and organized and it should have been a rather straight-forward immigration issue (she is retired and receiving a pension, so she doesn't have to worry about work he is still working and has a good enough income to satisfy he could support her... etc.) She also worked for the government here while she was still working and though she had absolutely nothing to do with immigration, it wasn't completely absurd that she may have had some connections that would help her speed up the process...

            Oh well, I hope she gets things sorted out as soon as possible... It sucks to not be able to close the distance, but it must be a whole different level of pain to think you can do it no problem just to have the rug yanked from under your feet!!
            First met online: June, 2010
            First met in person: August, 2011 (See the story of our first visit)
            Second visit: December, 2011 (Christmas and New Years together!)
            Third visit together: August, 2012
            Fourth visit: December 2012 (Christmas and New Years together!)
            Fifth visit: July 2013 (2 weeks here in Canada)
            Sixth visit: December 2013 (Christmas and New Years together again and I finally met his mother!)
            Next visit: Unknown... for now but coming up ASAP

            Comment


              #7
              You hear so much about Canadians living in the US, and vice versa, that maybe she just assumed it was that easy? It may have been really naive of her, but now she's gotta be really, really careful with following the rules exactly. Older people aren't as savvy with researching using the internet, and these days most of the other avenues they're used to aren't really available any more, she might need some help with this. If she can afford it, she may want to consult with an immigration lawyer, just to make sure she's doing everything properly at this point and going forward.
              Our separation of each other is an optical illusion of consciousness. ~Albert Einstein

              Comment


                #8
                Originally posted by Moon View Post
                You hear so much about Canadians living in the US, and vice versa, that maybe she just assumed it was that easy? It may have been really naive of her, but now she's gotta be really, really careful with following the rules exactly. Older people aren't as savvy with researching using the internet, and these days most of the other avenues they're used to aren't really available any more, she might need some help with this. If she can afford it, she may want to consult with an immigration lawyer, just to make sure she's doing everything properly at this point and going forward.
                As a matter of fact, I was just coming on here to say she emailed me and told me she would be contacting an immigration lawyer ASAP! So this makes me happy and is allowing me to stop worrying. Because a lawyer will be straight and strict with her in a way that would be very uncomfortable for me to be!!
                First met online: June, 2010
                First met in person: August, 2011 (See the story of our first visit)
                Second visit: December, 2011 (Christmas and New Years together!)
                Third visit together: August, 2012
                Fourth visit: December 2012 (Christmas and New Years together!)
                Fifth visit: July 2013 (2 weeks here in Canada)
                Sixth visit: December 2013 (Christmas and New Years together again and I finally met his mother!)
                Next visit: Unknown... for now but coming up ASAP

                Comment


                  #9
                  Originally posted by Verojoon View Post
                  As a matter of fact, I was just coming on here to say she emailed me and told me she would be contacting an immigration lawyer ASAP! So this makes me happy and is allowing me to stop worrying. Because a lawyer will be straight and strict with her in a way that would be very uncomfortable for me to be!!
                  I'd be careful with an immigration lawyer. I've read tons of cases on visa journey where the lawyer gives out bad information just so they can make more money. Maybe she can have a free consult or something, but EVERYTHING you need to immigrate to the USA is available on visa journey. The members can answer almost every question you could have.

                  Comment


                    #10
                    Originally posted by lucybelle View Post
                    I'd be careful with an immigration lawyer. I've read tons of cases on visa journey where the lawyer gives out bad information just so they can make more money. Maybe she can have a free consult or something, but EVERYTHING you need to immigrate to the USA is available on visa journey. The members can answer almost every question you could have.
                    oh no! Now I'm worried again! My aunt is not technologically challenged at all, but I don't think she has any experience with forums... so this is probably completely overwhelming and would feel like something new to learn all over again!! I wonder if I should leave it alone or just warn her to look for some references before choosing a lawyer...
                    First met online: June, 2010
                    First met in person: August, 2011 (See the story of our first visit)
                    Second visit: December, 2011 (Christmas and New Years together!)
                    Third visit together: August, 2012
                    Fourth visit: December 2012 (Christmas and New Years together!)
                    Fifth visit: July 2013 (2 weeks here in Canada)
                    Sixth visit: December 2013 (Christmas and New Years together again and I finally met his mother!)
                    Next visit: Unknown... for now but coming up ASAP

                    Comment


                      #11
                      Originally posted by Verojoon View Post
                      warn her to look for some references before choosing a lawyer...
                      that would be a wise thing to do....
                      The meeting of two personalities is like the contact of two chemical substances: if there is any reaction, both are transformed.

                      Carl Jung (1875 - 1961)

                      Comment


                        #12
                        while i agree it doesn't seem like she's screwed she just has to follow everything to a T and when she has her visa and legally crosses the border she'll probably be questioned by immigration again (as everything she's done is now logged into their system). Do note that due to what happened they could deny her a visa the first time and do a 6 month waiting period have her reapply and approve her. I say that because something similar happened to one of my good friends from Canada except it wasn't for a relationship it was for a job, well they told her she couldn't work in the US without a job offer and a visa and they denied her entry into the US, she applied for a visa with the company that hired her, they denied her the visa and entry into the US for 6 months and told her to come back and reapply. A year and a half later she finally got a visa, but before she entered the US immigration really questioned her and her motives. Since then she's gone back to Canada twice and each time she re enters the US they question her more then they normally would. I would like to note that isn't always the case, but it's an example of something that could happen.




                        Treasuretrooper <-- how I helped pay for some of my LDR expenses when I was in one.

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