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jaliuana

can a lawyer help with this?

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i have one other concern and im unsure if it has been done.. but here is why im asking. this is in regards to the 'showing you have ties with your country' when he visits. (hed be visiting with VWP)

well, currently hes in south korea but he barely just arrived there as he had been working in australia. he has about a week hes been back in his country so he is currently not employed. we planned to marry before he begins another job so that he actually has the time to visit here. also he does not go to school (he finished). i know showing property is the other option but.. the apartment belongs to his mom. so his name is not on the bills and stuff. bank account is another option right? but also, he has a lawyer working with him in south korea. ive never heard of this possibility but... can he talk with his lawyer into making a letter stating he will return because my fiance is working with him to then legally begin the CR1 process after we marry?

ive not seen this done.. but could that be enough to prove he will not stay? (which he wont, we want to marry -> he returns to south korea -> we begin cr1 process.)

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**** moving from Bringing Family to Tourist visa forum as Op is asking about the VWP *****


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Lawyer's letter has no weight on vwp visa process. Everything you wrote, he says verbally to the airport\CBP. 


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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7 minutes ago, aaron2020 said:

A lawyer can not help with this.

i see, but lets say he mentions all that i wrote to the airport cbp (the reasons as to why he doesnt have all of that) and even if the letter doesnt really do much, could they see it as him possibly making an effort at being honest since he has no way of showing the other things? even if the letter wont help much.. just to help show hes being sincere? im so sorry if the answer is an obvious "no". i guess im just desperate.

Edited by jaliuana
typo

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1 minute ago, jaliuana said:

i see, but lets say he mentions all that i wrote to the airport cbp (the reasons as to why he doesnt have all of that) and even if the letter doesnt really do much, could they see it as him possibly making an effort at being honest since he has no way of showing the other things? even if the letter wont help much.. just to help show hes being sincere? im so sorry if the answer is an obvious "no". i guess im just desperate.

There is nothing a third party can do to help.  Anyone can write a letter.  A lawyer has no more sway than anyone else.

 

The letter will not help at all.  A letter from a third party does not show your spouse is sincere.  

 

You are being desperate and that will not help.  That might actually backfire on you.

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Sincere words prolly matter more than a piece of paper. 


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Yes, he can try to convince his lawyer to write the letter. No, the letter won't help. CBP doesn't need evidence that he's being honest. They need evidence that he will return home.


Timelines:

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

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: 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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A Lawyer will write anything if the fee is good.


“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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39 minutes ago, aaron2020 said:

There is nothing a third party can do to help.  Anyone can write a letter.  A lawyer has no more sway than anyone else.

 

The letter will not help at all.  A letter from a third party does not show your spouse is sincere.  

 

You are being desperate and that will not help.  That might actually backfire on you.

i understand. thank you for snapping me out of that. the only thing he does have currently that could qualify is a bank account. deposit account, is that better?

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Bank account statements help, any receipts, bills under his name, driver's  license, id and maybe his return ticket to fly back home. During my Consular process the attorney recommended me to not enter the U.S. with my tourist visa. You have the risk of being turned away at the border once they know you are intending to live here permanently.

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I had asked before about visiting the US with virtually no ties to my home country (Canada).

 

I was trying to think up different things to use as ties. Not make up things, but I think I was reaching pretty deep to come up with things that constitute ties. Someone had told me in my thread that all I could pretty much do is go with what I had (almost nothing) and take a chance.

 

I ended up successfully gaining entry to the US multiple times with what I would assume would be considered extremely little ties to Canada. Several of my stays were for several months.

 

I was never brought into secondary questioning, but was questioned quite a bit several times. One time I was asked about 25+ questions and told that they felt I had very little ties and wanted me to state any reasons that I could use to convince them that I wouldn't stay. I didn't really any compelling reasons (doctors appointments, which they shot down, saying they can easily be cancelled, for example).

 

But, I just took a chance each time with going and knew that in my own head that I had good intentions and hoped that this would reflect in my answers along with my honesty.

 

The only thing I think I did have going for me was a fairly large amount of savings as a means to prove that I could financially support myself.

 

Things that I did carry with me were:

 

1) Copy of travel medical insurance showing the date it expires. (Have never been asked for it, but I always carried it).

2) Return flight information. (I was asked for this on every entry. I think this was the most important thing for me.)

3) Doctor appointment notes. (Never was asked for them).

4) Bank/credit card statements. (Was never asked for them, but asked more than one time how much money I had access to).

5) Copy of prescription for medication with the specified amount being the amount of time that I was going to be in the US. (Was never asked for it, but voluntarily supplied it multiple times and thanked for my honesty for letting them know I had prescription medication on me, even though they said it wasn't required because it wasn't a narcotic.)

 

And the key is honesty. The questioning for me was always triggered after informing them that I was trying to go visit my fiance. But, lying about that and trying to deceive them would surely carry much worse consequences than simply worrying about if he can visit or not.

 

I'm not advocating that going with very little ties will work for everyone. Perhaps I was lucky to be able to enter several times and for months at a time several times. But, I just wanted to pass on the advice that you can't manufacture ties and can only go with what you have. Fortunately, everything worked out for me and I am currently in possession of my K1 visa, and will be embarking to the US soon and hopefully won't have to go through the hassling at the border anymore with having to convince them I'll leave.

 

One additional thing to consider, and I may be completely wrong (someone please correct me if I am): But, to also consider that being denied entry into the US could result in removal of being able to use the Visa Waiver Program in the future. I am fairly certain that I've read that in some other threads.

Edited by Stagnant Sloth

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I am Canadian and enter from Canada, but I have been denied entry to the US due to the inability to prove ties to my country. I was provided a list of paperwork at the time of refusal that I needed to have with me next time I attempted to enter the states.

The list is:

Evidence of Employment (pay stubs, employee ID, letter from employer)

Proof of Foreign Residence (rent receipts, copy of mortgage, utility bills)

Evidence of Financial Support

Evidence of Financial Assistance

Evidence of Education Ties

Utility Bills (phone, gas, electric, and insurance)

income Tax Return Forms for current and past year

Confirmed Return Date (airline tickets, train/bus tickets, must be date specific)

Sufficient Funds for Intended Trip

Contact name of People you are traveling to see in the US

Address/Phone number where you can be reached in the US. 

 

I copied this list directly from the paperwork provided to me by CBP when I was refused. Unfortunately, with this list, the best evidence for me was always my return trip booked and information from my employer. They told me when I was refused that they wanted all of it, but you want the strongest evidence not all of the evidence. You can take a chance and go without any evidence, but even coming as a Canadian I learned fast that it's not an open door. 

I hope everything works out for you, best of luck!


K1 Visa Timline                                                               AOS Timeline

2016/08/11: I-129F Sent                                                 2017/02/09: AOS/EAD/AP Application Sent

2016/08/17: NOA1 Received                                            2017/02/23: NOA1 Received

2016/10/04: NOA2 Received                                            2017/03/23: Biometrics Appointment

2016/10/21: NVC Received                                              2017/04/06: Request to Expedite EAD

2016/10/24: Case # Assigned                                          2017/04/12: Letter for Expedite Request Received 

2016/11/01: Consulate Received                                      2017/04/13: Response to Letter Faxed

2016/11/01: Packet 3 Sent                                              2017/04/19: EAD Expedite Approved - Card Being Produced

2016/11/04: Packet 4 Received                                       2017/04/24: EAD/AP Card Mailed

2016/12/09: Medical                                                      2017/04/26: EAD/AP Card Received

2016/12/21: Interview!! APPROVED                                 2017/09/08: AOS Approved - Card Being Produced

2016/12/23: Visa Issued

2016/12/28: Visa Received

2016/12/31: POE as a K1!

2017/01/20: Wedding Day!!!

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