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Crossing the US border after being denied entry...
09-10-2011, 08:57 PM (This post was last modified: 09-10-2011 10:30 PM by dayjackie.)
Post: #1
Crossing the US border after being denied entry...
In April earlier this year, I was denied entry into the US when trying to cross with my husband (fiancé at the time). We were naive and thought that I could stay in the US on a Canadian passport for up to 6 months, but after I had been there for 4 months and tried to get back into the country I was denied entry.

A border official gave me a list of “evidence” to bring with me next time to prove I have sufficient ties to Canada (a lease agreement, utilities, pay stubs, etc). I haven’t tried to cross since but would like to this November. I’m just worried I don’t have sufficient proof of my ties to Canada. Since I’m living with my parents, I don’t have a lease agreement or utilities in my name. I also don’t have my own car. I do have pay stubs and will get a letter from work to say when I’m expected to return. I will also have the $1040 receipt for payment for our PR application, and a return flight ticket.

My question is whether I should try to cross in November with the proof I do have and how much trouble I could possibly expect at the border. I know I’ll be questioned, but I’m not sure whether I’ll be denied entry again or if the receipt for our PR application and paystubs will be sufficient proof that I’m not looking to stay in the US illegally. I want to cross in November to take a vacation with my husband in South Carolina (which I will have non-refundable flight tickets for and will have to book time off of work, not to mention hotel reservations). Considering the amount of planning this will take, I’m scared of being denied entry and losing money on flight tickets/reservations and having a week without work.

I’m considering doing a “trial run” and crossing the border sometime in October to see how it goes, but then again, I won’t have a return flight ticket in October. I would try to cross in a car and make a day out of shopping in Michigan. So should I do the trial run and see how it goes? Or take my chances in November? Any advice would be appreciated.
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09-11-2011, 01:21 AM (This post was last modified: 09-11-2011 01:23 AM by RobsLuv.)
Post: #2
RE: Crossing the US border after being denied entry...
I don't think a "trial run" is necessary or advisable. First of all, even if you got through in October, it wouldn't guarantee you'd get through again in November - and it could even make it harder for you in November because you'd already made one trip in and they wouldn't know for sure when you left the country last.

If you go in November with a return trip itinerary and proof that you have a job and are expected back at work at a specific time, that should be enough to prove that you have "sufficient ties" to Canada. Don't focus on the things you don't have - like a lease agreement or utility bills . . . focus on what you do have. And it actually might not help to show proof that you are sponsoring your partner to Canada - it could work against you because it shows how significant that relationship is. I think you should just stick to proving that you have the means and intention of returning to Canada and you should be fine.

Just in case you don't know - it's the same coming this way. People from the USA also have to prove that they have sufficient ties to home when trying to enter Canada, too.

2007Mar-submitted
2007Apr-to Buffalo
2007May-docs request
2008Jan-refused/inadmissible over 18 "dependent"
2008Feb-filed appeal
2008Dec-ADR fails
2010Jan-appeal allowed
2010Apr-Buffalo recvs file
30Nov2010-APPROVED!!
05Jan2011-COPR recd
31Jan2011-LANDED!!Bliss
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09-11-2011, 04:17 AM
Post: #3
RE: Crossing the US border after being denied entry...
I realized rather quickly that proving sufficient ties to your home country is pretty important =P

It didn't help that I was unemployed at the time. I didn't think anything of telling the border agent that, but now I know why they ask.

I thought that showing the US border agents the reciept for our PR application would be good because it shows my intent to get my husband to Canada, thus showing ties to my country. But I guess it's best just to stick to providing the documents they've requested, which include: proof of citizenship, proof of employment, evidence of foreign residence (don't have a lease agreement or a mortgage, but can get a letter from my parents saying I pay them rent), evidence of financial ability (will have about $8000 saved), sufficient funds, confirm return tickets, contact person in the US, and an address and phone number where I can be reached in the US.

I have all of those things except for a mortgage or lease agreement, which seems like an important item.

I'm just very worried about trying to cross for a visit in November and getting denied and then being out quite a bit of money in non-refundable reservations and a plane ticket. How do these things usually go...? Should I risk it and try to cross in November or wait until my husband has PR status and we don't have as much to lose?
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09-12-2011, 12:51 AM
Post: #4
RE: Crossing the US border after being denied entry...
I would have the PR application with you. It's likely that the agent will ask you, since you are married to an American, what your future intentions are, i.e., is it your intent to eventually move to America, and you will have to answer that no, you are sponsoring your husband to move to Canada. Then the agent might ask to see evidence of this.

At least, this is pretty much the exact conversation I just had on my way in Australia to visit my husband. Obviously, Australia is not the US, but it seems like pretty standard questioning.

Processed through Sydney, Australia
Aug 26 2011 - Submitted application
Nov 4 2011 - Sponsorship approval
Jan 24 2012 - Request for Passport
Feb 27 2012 - Received COPR in mail
Feb 28 2012 - LANDED!!!! (Victoria CIC office)
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09-13-2011, 02:29 AM
Post: #5
RE: Crossing the US border after being denied entry...
You can buy a blank lease form at Office Depot/Staples and have your parents fill it out. I didn't have a job when I came across, but I had left my dog with a friend, and had a schedule of my times to sing at church printed out for me. You can also show appointment cards from your wallet for doctors or dentist visits. That's easy to do. I had people ready by the phone for them to call to confirm this stuff.

Application Received CIC-V: January 26, 2006
Began Processing: June 1, 2006
AIP: September 14, 2006
DM: March 26, 2007
Landed: May 9, 2007
Applied for Citizenship: September 10, 2009
Began Processing Citizenship: May 26, 2010
Citizenship Exam: November 30, 2010
Citizenship: January 21, 2011
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