Question about him coming to visit

[Mark + Melissa 49]

We started are petition process again, this time with a lawyer. She sent the paperwork today. She then emailed me and wanted to know what our plans were for seeing each other a second time as she didn't feel we had enough pictures together. I emailed her back and said that he was planning to come here June 20, and we were going to vacation in Florida for about a week with my son. He planned on staying 3 weeks. She emailed back and suggested we go there instead (which actually costs 3x the money) because if he tries to come here to visit with us, the CBP might give him a lifetime ban for intent to immigrate. Does anyone have any experience with this? She said she has clients coming from Ireland and UK on vacation to states with no problem while application was pending, but she felt she needed to advise us anyway. We don't want to risk a lifetime ban just for him to come here for 3 weeks then return, but now she's got me worried.

[Adriene H 89]

We started are petition process again, this time with a lawyer. She sent the paperwork today. She then emailed me and wanted to know what our plans were for seeing each other a second time as she didn't feel we had enough pictures together. I emailed her back and said that he was planning to come here June 20, and we were going to vacation in Florida for about a week with my son. He planned on staying 3 weeks. She emailed back and suggested we go there instead (which actually costs 3x the money) because if he tries to come here to visit with us, the CBP might give him a lifetime ban for intent to immigrate. Does anyone have any experience with this? She said she has clients coming from Ireland and UK on vacation to states with no problem while application was pending, but she felt she needed to advise us anyway. We don't want to risk a lifetime ban just for him to come here for 3 weeks then return, but now she's got me worried.

He shouldn't have any problem with visiting you there in the states

as long as he brings with him substantial evidence that he does indeed

intend to leave at the end of his stay (ie return ticket, lease or mortgage

on current residence, letter from employer, etc).

Best of luck to you!

Edited February 11, 2012 by Adriene H

[TimeTravel 78]

Even if his entry is denied at POE, but it wont cause any ban at all.

Edited February 11, 2012 by iwaiting

[Harpa Timsah 13,259]

You don't get a lifetime ban for intent to immigrate. Get a new lawyer.

[Dan & Jenni 457]

even if he is turned away they cant give him a lifetime ban because until he has overstayed any visa or VWP then he has done nothing wron.

im not sure why you need a lawyer because all you have to do is rectify whatever the reason for your previous RFE and denial was

Edited February 11, 2012 by Dan & Jenni

[cherylc522 0]

I got denied at POE once and I still got in later lol I was mad as hell but I went home and finished my visa process and here I am

[Harpa Timsah 13,259]

ALso, I don't think you need photos for London. Is your lawyer suggesting that you wait to file until JUNE so you can have more pics?

[Dan & Jenni 457]

ALso, I don't think you need photos for London. Is your lawyer suggesting that you wait to file until JUNE so you can have more pics?

London doesnt ask for proof of ongoing relationship at all

[Rachie07 4]

I just got here yesterday (from UK) and wasnt asked for any proof of ties or even if I was visiting my husband. When we got advice from an immigration lawyer, she said it would be difficult to get in, not that it would be a lifetime ban. You only get that when you have misrepresented material facts (lying) at POE. I think she may have been trying you would not be able to use the VWP programme again if rejected at POE.

I am sure you will be okay to visit, it depends on many factors - previous overstays for example. Sorry I am confused; were you rejected from a visa interview last time or just at USCIS? I am not sure if you can use the VWP if you have a previous visa denial at embassy. You may need to check that. Do a google search on that as I am sure there is someone else's experience that can be of assistance. Other than that, I cannot see a reason for a lifetime ban even if the worst case happens....

As everyone said above,

get a return ticket,

letter from employer

rent agreement or property paperwork,

bank statements

and your NOA1 is good, to prove you intend to do this process the correct way.

I had all of these, as did other VJ users and didnt need to use them.

I hope this helps

[Mark + Melissa 49]

Well, the problem is he isn't employed =p He's retired. She was pointing out worst case scenario, but we haven't lied on anything, and do n't want to risk him being turned back at all as its such a waste of money as well as the emotional disappointment. Our previous application was denied due to lack of proper evidence provided on RFE (we thought we did it right but.. apparently not). We have decided to still vacation together, but to go to Toronto, Canada instead. Not quite the Florida vacation we planned, but still an enjoyable one and now we can go so Jellystone park and Niagara Falls

[Adriene H 89]

Well, the problem is he isn't employed =p He's retired. She was pointing out worst case scenario, but we haven't lied on anything, and do n't want to risk him being turned back at all as its such a waste of money as well as the emotional disappointment. Our previous application was denied due to lack of proper evidence provided on RFE (we thought we did it right but.. apparently not). We have decided to still vacation together, but to go to Toronto, Canada instead. Not quite the Florida vacation we planned, but still an enjoyable one and now we can go so Jellystone park and Niagara Falls

Hey Boo-Boo

Sorry ... you mentioned Jellystone Park