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Sapphite

This response from an online attorney at JustAsk has me in tears... say it isn't so!

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Filed: K-1 Visa Country: Brazil
Timeline

What we asked....

Hello, My fiancée, Leda and I have filed the I-129F petition for a fiancée Visa. The Petition is at the California Center and based on the timeline on the USCIS website, our petition will be reviewed in mid-September.
We are planning for Leda to visit me in July in California during her holiday from school in Rio de Janeiro where she is a teacher's assistant for the city.

 

We have three questions.

  • First, in addition to the notarized invitation to visit me in July (with the specific dates) and her round trip ticket what other documentation would you recommend she bring with her to prove "ties to home"?
  • Second, when the immigration officer asks her for the relationship between us, how should she respond?
  • Third, we understand that Atlanta may not be the "best" airport for her arrival in the States.
    (She has a B1/B2 Visa and has been to the US before.)
    Do you have any thoughts or recommendations on the airport she should fly into in July?

 

This is the response...

Well, unfortunately, she's going to have a problem at the port of entry. She is not supposed to visit when she has immigrant intent. I understand that you state that she will go home after her visit, but they just won't believe her.
One of three things can happen if she tries and is not able to convince them:

  1. They will allow her to withdraw her request to enter the U.S. and she can go home, no penalty.
  2. They will not allow her to withdraw her request to enter the U.S. and will order her excluded. This has a 5 year penalty that she cannot come back unless she gets a very hard to get waiver.
  3. They will not allow her to withdraw her request to enter the U.S. and they catch her in a lie and they exclude her with a permanent bar due to fraud and/or misrepresentation and with that charge she cannot come back unless she gets a very hard to get waiver.

So I wouldn't even try. Go visit her instead of her coming to visit you. I wish I had better news for you, but I am trying to keep her from getting in trouble and I hope you realize that.

 

Considering everything I have read on this forum, his response seems harsh and doesn't align with the experiences detailed here on the forum.

We would appreciate any guidance from people who have actually experienced the process.

 

In gratitude, Leda and Lani

 

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Filed: AOS (apr) Country: Canada
Timeline

Will she have a round trip ticket?

Does she have an apartment lease or mortgage?

She has a job, so maybe you could take a letter from the school she works for?

 

I personally don't think you'll have any trouble if she's packing light for a 2 or 3 week stay, has round trip tickets with a job to go back to and I would simply answer honestly on her visit...

 

What is the purpose of your visit? I'm here visiting my fiance for 3 weeks while the school I work for is on summer break. I have to be home again on July 24th because school starts back up on August 10th.

 

I agree that no one can tell you exactly what will happen when she tries to travel, but I think that the answer given to you is harsh and lawyerly and the worst case scenario.

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See the top-pinned thread in this forum. Yes, you can visit. You need to show that you intend to leave, which may be hard sometimes, but is definitely possible and people do this every day during the process. Just carry your ties to return, and never, ever lie.

 

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: Brazil
Timeline
7 minutes ago, sumbunny said:

Will she have a round trip ticket?

Does she have an apartment lease or mortgage?

She has a job, so maybe you could take a letter from the school she works for?

 

I personally don't think you'll have any trouble if she's packing light for a 2 or 3 week stay, has round trip tickets with a job to go back to and I would simply answer honestly on her visit...

 

What is the purpose of your visit? I'm here visiting my fiance for 3 weeks while the school I work for is on summer break. I have to be home again on July 24th because school starts back up on August 10th.

 

I agree that no one can tell you exactly what will happen when she tries to travel, but I think that the answer given to you is harsh and lawyerly and the worst case scenario.

Yes, she will have a round trip ticket.

Yes, she has a lease and she owns rental property.

Yes, she has a letter from the school where she works.

 

I truly thought we were prepared.. and then this attorney sent his response and scared the bejesus out of me.

Thank you for your reply and support, sumbunny.

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Filed: K-1 Visa Country: Brazil
Timeline
29 minutes ago, Roel said:

By the way, notarized invitation is completely unnecessary. 

 

She might get some extra scruinity and of course there is always a chance of denied entry. At the POE she should be truthful about the purpose of her trip. 

 

No one can tell you for sure if she will be allowed or not. 

The invitation was an idea from another forum... the notarization was my idea.

Thank for the encouragement and the suggestion to be honest... does this mean she refers to herself as my Fiancee if asked?

Thanks, Lani

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Filed: Citizen (apr) Country: Canada
Timeline

I visited 

And yes I referred to my fiance as my fiance at the time when they asked me why I'm visiting

They do sometimes ask you what you do for work etc but it's no issue

There is a tiny chance for refusal but honestly if she has a return ticket chances are there wont be an issue

 

 

 
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Filed: K-1 Visa Country: Brazil
Timeline
11 minutes ago, Marzena & Stephen said:

I visited 

And yes I referred to my fiance as my fiance at the time when they asked me why I'm visiting

They do sometimes ask you what you do for work etc but it's no issue

There is a tiny chance for refusal but honestly if she has a return ticket chances are there wont be an issue

Thank you!

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3 hours ago, Sapphite said:

The invitation was an idea from another forum... the notarization was my idea.

Thank for the encouragement and the suggestion to be honest... does this mean she refers to herself as my Fiancee if asked?

Thanks, Lani

The invitation letter is often quoted by other immigration forums but in all honesty it is never looked at and in many cases it harms a petition for a tourist visa. 

 

Also the lawyer probably scared you in hopes you would pay for their service. Alot of people on this forum have visited while doing the CR-1 and K-1 process with no issues at all. 

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Filed: K-1 Visa Country: Wales
Timeline

I wonder if this was a real Lawyer, maybe a notario?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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3 hours ago, wsaelim said:

I had visited my fiance on tourist visa during waiting for NOA2 without any problem. I told the immigration officer my purpose is to visit fiance and he just asked to see the return ticket. It's smooth process. No stress : )

Which airlines are y'all flying that give you the return ticket when you check in?  Or do you mean the return booking?

Airlines in Australia never give the return ticket when checking in for your initial flight. The best I'd ever be able to show is my booking with return date (and all the other flight bookings which align with me getting back to LAX for my exiting flight).   I mean, it hasn't been an issue, but I always see people saying they have their "return ticket" which seems so strange to me!

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29 minutes ago, dentsflogged said:

Which airlines are y'all flying that give you the return ticket when you check in?  Or do you mean the return booking?

Airlines in Australia never give the return ticket when checking in for your initial flight. The best I'd ever be able to show is my booking with return date (and all the other flight bookings which align with me getting back to LAX for my exiting flight).   I mean, it hasn't been an issue, but I always see people saying they have their "return ticket" which seems so strange to me!

Ticket is different than boarding pass. 

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