Should I be concerned? NOA2 recall-IMBRA

[Lemchan 0]

As I stated earlier, I'm in exactly your position but the "wedding" is in three weeks. You need to bring ties to your country. It is perfectly legal for you to travel into the US (as long as you have a visa waiver program or something similar which I believe Canada does) while you are in the process of filing an 1-29f. As others have said it is good to have proof with you that you intend to return to your home country. My finace is bringing the following:

- Letter of Employment stating he is a full time employee at (insert company name here) and due back at work on the 31st of July.

- Return ticket

- Bank Statements

Another good thing to bring is a copy of any property docs or a lease agreement. Unfortunately my fiancees lease ends mid July and he'll be living with his parents after that so he won't be able to bring this.

Any other suggestions as to what to bring?

When asked what he is doing in the U.S. he will answer visiting his fiance. He has visited me every three months for the last year so this is nothing new and it is not a lie. He is visiting and we're having a party. Once he goes home and gets his visa, he'll come back and we'll have the "marriage."

Three weeks, ouch. You're worse off than us, no doubt..

I myself live at home as well, so also no property documentation or leasing agreements. I can certainly get a letter from my employer. I've heard that a return ticket doesn't mean much in this context (since they often cost almost the same as a one-way) but who knows. It certainly doesn't hurt, in any event!

The only other thing that I, personally, could think of was signed and/or notarized statements from people who know your intention to return. I have no idea what weight these would carry, but it wouldn't hurt.

Definitely open to any suggestions from others..

- lem

[zyggy 9]

Do you know of anywhere in the law that I could specifically look to support this. It's not that I don't believe you, just that, if at some point I should have an encounter with an immigration official, at the border, at the consulate, etc., that is not aware of how the law works (they should, of course), I'd like to be able to support my case. If my attorney doesn't know, and that is supposedly her job then it makes me nervous that some officials might not, either.

Check out INA 212 if gives all the muriad reasons why an alien would be inadmissible. Specifically INA 212 (a)(6)©

6) Illegal entrants and immigration violators.-

© Misrepresentation.-

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

and

(9) 12/ ALIENS PREVISOUSLY Removed.-

(A) Certain aliens previously removed.-

(i) Arriving aliens.-Any alien who has been ordered removed under section 235(B)(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.

The above provision takes effect if you don't voluntarily withdraw your request for admission once the CBP Officer finds that you cannot enter the US under INA 214B. If you don't withdraw your request for admission and fight the determination of the CBP officer, you will be placed in expedited removal proceedings. Don't go into expedited removal proceedings.. you will lose...

And INA 214B for fun..

B) Every alien 10/ (other than a nonimmigrant described in subparagraph or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15).

What sort of evidence would be recommended? I don't have a lot of assets here; don't own a house, etc. My fear would be that my pending visa application would be evidence enough for them to say that I don't have strong ties to Canada. Do you have any suggestions of what evidence would be sufficient to convince them otherwise?

I cannot answer for you what that will be other than what I already stated... However, if it makes you feel better, one of the best ways to provide documentaty proof is to have a letter from your employer...

Yes, we are aware of the difference (though I'm sure I am guilty of using the wrong term in the wrong place, often). Our present "alternative" is to have the marriage within 3 months of getting my visa (realistically, probably more like almost-immediately after I get it), and have the wedding next year. Of course though, there is something sentimental about having them both at the same time. Realistically though I recognize that it is looking more and more like that will be impossible.

You need to get using the wrong terminology out of your head if you're going to stay out of trouble. In the bureaucracy, different words mean very specific things... One of the things you need to remember that there is nothing sentimental about this process. You cannot afford to have the sentimental things. It's something you're going to have to throw out the window. You are in a different situation than most other people. We had our marriage in a small civil ceremony. We had our wedding 10 months later...

Again, best of luck.

Edited June 21, 2006 by zyggy

[Yodrak 7]

Lem,

There's an old thread where the was a lot of discussion, much of it between zyggy and I, on this issue. My impression was, and remains since, that such documentation rarely gets looked at. Doesn't mean that one shouldn't have it, but don't count on it to save you if the questioning begins and gets difficult.

Most of the documentation that is commonly recommended is pretty much meaningless if one examines it critically. Recognize that whatever ties people who are pursuing marriage-based immigration have, those ties can be easily broken and in fact plans are being made to break them, because such people have a tie to the USA that is even stronger.

Recognize also that there's a difference between planning to immigrate at some point in the future and planning to immigrate on this entry. Prepare and present evidence with this distinction in mind and what might appear at first glance to be negative may possibly be turned to a positive.

Yodrak

Of course, you and Zyggy are right that my answers will be the "best evidence".

But I would also like to be prepared for the possibility, should I attempt to do this, that they would ask for "supporting documentation" as well.. or do they not do that? I admit that I have never been asked for any sort of evidence of anything upon entering the US, never had anything more than a pleasant chat with the immigration officer before getting waved in. Should I expect the same experience?

So basically what I am asking is whether or not there is something more I can do than just answering honestly and truthfully and hoping for the best.

Thanks,

- lem

Lemchan,

Zyggy answered your question already - read his comments again.

Yodrak

zyggy,

Does CBP really view a letter from an employer as good evidence? I can't think of an easier tie to break - it takes only a 1-minute phone call to say, "Boss, consider my 2-week vacation as my 2-week notice."

Yodrak

What sort of evidence would be recommended? I don't have a lot of assets here; don't own a house, etc. My fear would be that my pending visa application would be evidence enough for them to say that I don't have strong ties to Canada. Do you have any suggestions of what evidence would be sufficient to convince them otherwise?

I cannot answer for you what that will be other than what I already stated... However, if it makes you feel better, one of the best ways to provide documentaty proof is to have a letter from your employer...

[zyggy 9]

Lem,

There's an old thread where the was a lot of discussion, much of it between zyggy and I, on this issue. My impression was, and remains since, that such documentation rarely gets looked at. Doesn't mean that one shouldn't have it, but don't count on it to save you if the questioning begins and gets difficult.

Most of the documentation that is commonly recommended is pretty much meaningless if one examines it critically. Recognize that whatever ties people who are pursuing marriage-based immigration have, those ties can be easily broken and in fact plans are being made to break them, because such people have a tie to the USA that is even stronger.

Recognize also that there's a difference between planning to immigrate at some point in the future and planning to immigrate on this entry. Prepare and present evidence with this distinction in mind and what might appear at first glance to be negative may possibly be turned to a positive.

Yodrak

Of course, you and Zyggy are right that my answers will be the "best evidence".

But I would also like to be prepared for the possibility, should I attempt to do this, that they would ask for "supporting documentation" as well.. or do they not do that? I admit that I have never been asked for any sort of evidence of anything upon entering the US, never had anything more than a pleasant chat with the immigration officer before getting waved in. Should I expect the same experience?

So basically what I am asking is whether or not there is something more I can do than just answering honestly and truthfully and hoping for the best.

Thanks,

- lem

Lemchan,

Zyggy answered your question already - read his comments again.

Yodrak

zyggy,

Does CBP really view a letter from an employer as good evidence? I can't think of an easier tie to break - it takes only a 1-minute phone call to say, "Boss, consider my 2-week vacation as my 2-week notice."

Yodrak

What sort of evidence would be recommended? I don't have a lot of assets here; don't own a house, etc. My fear would be that my pending visa application would be evidence enough for them to say that I don't have strong ties to Canada. Do you have any suggestions of what evidence would be sufficient to convince them otherwise?

I cannot answer for you what that will be other than what I already stated... However, if it makes you feel better, one of the best ways to provide documentaty proof is to have a letter from your employer...

Yodrak..

We have had good conversations on this subject indeed... and as we discussed before any letter from an employer is not a silver bullet by any means.... what it really shows is that one has taken the time and the steps to try to show their intentions to the officer, in the fact that they took the time to put it together. A "good faith effort" if you will... if an officer is a little hesistant, it could be enough to push you over the edge... but if an officer definitely doubts your intentions, it will not save you...

[Lemchan 0]

Thank you to both zyggy and Yodrack.

I am still, ah, a bit unsettled about attempting a border crossing, but at least now I feel somewhat better informed. It sounds to me like the worst thing that would happen is that I get turned away at the border, and then I have to explain myself when I go to the K1 consulate interview later.

As you say, this is something that my fiancee Lyslinn and myself will have to decide. For the moment we are still playing wait-and-see with regards to the RFEs going out soon but unless USCIS kicks things into overdrive, this is a bridge we will have to cross, it would appear.

I believe Lyslinn asked this already, but if there is anyone reading this thread that has previously done this, whether it ultimately worked or not, I'd love to hear your experiences. I'd be particularly curious about people from Canada that have done this, as when one flies from Canada to the US, the POE is actually on the Canadian side due to special arrangements between our countries.