Proving intent to return home

[mimipimpaporn 4]

Hi everyone,

 

My name is Mimi. I'm currently in CR1 process and planning to visit my husband while waiting in the process (with B2 visa).

Right now I'm gathering evidence to prove to the immigration that I will definitely come back to my home country.

 

Does anyone have a sample of a letter showing on-going responsibility of caring for family members?

In my case, I'm responsible for my little siblings who have mental issues (ADHD and depression).

I am the one who support them financially and also act as their guardian when I take them to hospital. 

I plan to show them this letter along with the doctor's letter and other medical records.

 

Any advice would be much appreciated.

Thank you in advance.

 

 

[aaron2020 11,652]

Hi,

 

Do you have a B-2 visa or are you applying for one?

What is this letter for?  If you are writing it, then why can't you just answer questions if asked?

A letter saying that you intend to return to Thailand because you are the guardians of your siblings who depend on you financially will be suspect.  These are the same siblings you will be leaving behind when you immigrate on the CR-1.  If they are a reason for you to return to Thailand, then why are you leaving them to immigrate to the US?

If you already have a B-2, you don't need this letter.  

Edited February 21, 2021 by aaron2020

[mimipimpaporn 4]

@aar0n2020 I know how that sounds...

But building my own life with my loved one doesn't necessarily mean I will have to leave them behind.

It's a tough decision for me too to leave the country but I've got to do what I've got to do. 

I know that even when I move there I would still come back and visit them every year and connect to them through online channel while we're away. And when I move there eventually, I plan to support them financially to get their education in the states too so we could be closer and it's just better for them to be with me. Never really think I'm leaving them, because I know I'm trying every possible way to get them to come with me. I even looked into adopting them (we are 9 and 12 years apart) but in Thailand you have to be at least 15 years apart to adopt someone. It's really not possible for me to leave them when I was the one who helped raise them and have always been by their side...

[Chancy 6,247]

26 minutes ago, mimipimpaporn said:

Does anyone have a sample of a letter showing on-going responsibility of caring for family members?

 

Be aware that this is not strong evidence of your ties to home.  The fact that you are able to leave for vacation and eventually migrate to the US means that your family members have alternate means of care that do not require your physical presence.  Being financially responsible for family back home also does not count as you can just do money transfer.

 

Do you have a job or a business in your home country?  If you do, an employment letter and approved leave notice would be better evidence of ties to home.

 

Lastly, bring a copy of the I-130 receipt notice, BUT do not present it to CBP unless the officer brings up talk of you needing a spouse visa.  As a last resort if you get grilled, the receipt notice would at least show that you are trying to go through the appropriate process for migrating to the US.

 

Edited February 21, 2021 by Chancy
typo

[aaron2020 11,652]

Do you have a B-2 or are you applying for one?

Do you intend to use this letter at the US Embassy to obtain a B-2?  Or are you intending to use this letter with CBP when entering the US on your current -2?

Edited February 21, 2021 by aaron2020

[mimipimpaporn 4]

@aar0n2020 Sorry. forgot to answer that. I already have 10-year B2 visa.

[aaron2020 11,652]

A letter at the POE will not help you.  A letter would essentially be you volunteering information that can be used against you.  

When entering the US, just tell the truth.  Truthfully answer any questions that are asked.  Don't volunteer information that could be used against you.

You are overthinking this.  

[mimipimpaporn 4]

@Chancy I'm working as a freelancer, a website designer and developer, plus a translator. But I do have a partner that I work with. Usually we would have to go out and meet clients but since covid hit, everything has moved onto zoom.

[mimipimpaporn 4]

@aar0n2020 You're definitely right Lol I tend to overthink things. Everybody says that. 😅

I just saw people getting sent back and it scares me. But seriously, I have no intent to overstay or do anything illegal at all. 

I just visited my husband last December but at that time I wasn't in CR1 process yet. So I wasn't really worried. 

I have been to the states several time and never overstayed. I need to calm down 😥

[aaron2020 11,652]

9 minutes ago, mimipimpaporn said:

@aar0n2020 You're definitely right Lol I tend to overthink things. Everybody says that. 😅

I just saw people getting sent back and it scares me. But seriously, I have no intent to overstay or do anything illegal at all. 

I just visited my husband last December but at that time I wasn't in CR1 process yet. So I wasn't really worried. 

I have been to the states several time and never overstayed. I need to calm down 😥

Since you've visited before, you should be familiar with the procedure to enter the US.

 

If asked if you intend to AOS.  Say no because you do not want to wait months for work authorization and be unemployed.  That is why you are pursuing a CR-1 at the US Embassy in Thailand, so you can enter the US and automatically get a green card and be authorized for work.  You also have responsibilities that you need to return to Thailand to deal with.  Easy peasy.  

[Chancy 6,247]

8 minutes ago, mimipimpaporn said:

But building my own life with my loved one doesn't necessarily mean I will have to leave them behind.

 

No one is questioning your devotion to your family.  What is suspect is the letter that may imply that your physical presence is required to care for your family.  You seeking entry to the US will make that letter suspect, which is why we are advising you not to use that.  CBP knows that millions of people leave behind family, come to the US with their tourist visa, and illegally work in the US to provide for those same family members.

 

7 minutes ago, mimipimpaporn said:

I'm working as a freelancer, a website designer and developer, plus a translator. But I do have a partner that I work with.

 

Then if you are asked about your job (which is likely), tell CBP that you are a web designer and developer.  If you have a government document showing this, that would be ideal -- like professional service registration, business permit, tax filing.  If not, don't sweat it.

 

Also, answer questions truthfully, but do not volunteer information that is not asked for.  Unless CBP asks you directly, no need to mention that you are a freelancer or that you can work remotely.  You are going to the US with a tourist visa, so CBP expects that you will be on vacation and not working during your stay.  There's a recent post here about a VJ member who was denied entry because she mentioned remote work.

 

[HRQX 4,146]

1 hour ago, mimipimpaporn said:

I just visited my husband last December

A note that you now need "proof of a negative COVID-19 test or documentation of having recovered from COVID-19" for you to board the flight. https://www.cdc.gov/quarantine/fr-proof-negative-test.html

[SalishSea 18,474]

58 minutes ago, aaron2020 said:

If asked if you intend to AOS.  Say no because you do not want to wait months for work authorization and be unemployed. 

If that is the truth.

[Bug&Bug 147]

I would take things like bills, return ticket, proof of employement and a copy of your NOA1 just in case they ask. 

[Imachapyaa 1]

12 hours ago, mimipimpaporn said:

@aar0n2020 Sorry. forgot to answer that. I already have 10-year B2 visa.

 

13 hours ago, mimipimpaporn said:

Hi everyone,

 

My name is Mimi. I'm currently in CR1 process and planning to visit my husband while waiting in the process (with B2 visa).

Right now I'm gathering evidence to prove to the immigration that I will definitely come back to my home country.

 

Does anyone have a sample of a letter showing on-going responsibility of caring for family members?

In my case, I'm responsible for my little siblings who have mental issues (ADHD and depression).

I am the one who support them financially and also act as their guardian when I take them to hospital. 

I plan to show them this letter along with the doctor's letter and other medical records.

 

Any advice would be much appreciated.

Thank you in advance.

 

 

my husband traveled to the US with a b2 visa while waiting for his ir1 interview in dec 2020.  He wasn't asked to show anything. the officer just said welcome.