Marie&Chris

-SOLVED-

Just wanted to update this post, in case anyone else comes accross it.

I have spoken to an immigration attorney who said that I should not present the lease at the interview, as it could show "intent on living the US prior to the issuance of my visa", and could ultimately lead to the denial of my application. I am in the U.S. on a tourist visa, and as such, should not engage in a long-term lease.

Just an FYI for ppl in similar situations.

Hi everyone,

First off, I'd like to thank everyone in here for being so supportive - I know we all thank our maker for this forum in these trying times, and I personally don't know what I would have done without visajourney and all you nice people out there.

I have a quick question: I am in currently awaiting my final interview, but I have been lucky enough to spend most of the waiting time in the US (although I suspect I've been very lucky to be able to do that - I'll write another thread about that later), so I am planning to stay in the US until I have to go home for the final interviews & medical exam.

Anyway - we're currently apartment-hunting, and we were wondering if it would be a good idea to get my name on our upcoming US lease (before the final interview), or if that could be a "red flag" that I intend to bypass the system and stay here? (Which is why I've heard they deny many unlucky IR1/CR1 at the POE). I have no intentions of bypassing the process I'm currently in (that would be rather stupid after waiting this long), but I am dead scared that if the apartment complex runs a backgound check on me, the immigration authorities might catch that and assume I'm a flight risk? Or would they simply view it as a preparation for our life together (and it would then be a plus in the form of bonafide-proof of marriage?).

I really don't want to jinx the interview at such a late time, but I also don't want to run the risk of staying in our new apartment without being on the lease (it's pretty unfortunate to lock yourself out or need maintenance without your name officially on the lease). I don't intend to go back to Copenhagen before I have my interview date/medical visit.

I hope some of you might have an answer!

Thanks for the help,

M.

Thanks so much. We got some lawyer advice saying not to travel, but maybe they only meant during the removal of the 2 year J-1 residency requirement!

As far as I am aware (and our lawyer says as well) - there are no guarantees that you will be admitted at the POE, unless you can decisively prove that you're not sneaking in to file for adjustment of status (i.e. that you have sth in DK that justifies you won't stay in the US). If you do not meet the requirements, you will be sent back. I don't think it it impossible, you just need to be very, very well prepared and take this seriously - it's a shame to lose your ticket. Just having an ESTA and flying over there will not be sufficient while you have an application pending.

My lawyer suggested to get any proofs from jobs, schools, leases, etc you can think of. Basically: not impossible, but tricky.

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