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Filed: K-1 Visa Country: Finland
Timeline
Posted

My fiance is visiting in 11 days. She will be staying for just over a month and a half (purchasing a wedding dress and whatnot). We have received our NOA1, of which she will obviously be bringing a copy. I was wondering if I should email her a scanned/signed letter for the border official to claim financial responsibility and to support her claim that we know what the hell where doing to avoid her being turned away at the border. My letter goes as follows (rough draft):

To whom it may concern,

I am writing this letter as documentary proof that I, Neil xxxx will be taking full financial responsibility of Salli xxxx for the duration of her trip (4/11/09 - 6/3/09) to Minneapolis, MN. As we are making wedding plans, we are fully aware that we cannot proceed with the actual wedding until her K1 visa is approved. We are also aware that if our I-129F petition is approved before her stay is completed she must return home immediately to proceed with the next phase of the K1 process (medical exam, police certificate, interview, etc.). If we are approved before her intended return to Helsinki, I will be purchasing her a one way ticket home.

Sincerely,

Neil xxxx

Good idea or worthless?

Posted (edited)
My fiance is visiting in 11 days. She will be staying for just over a month and a half (purchasing a wedding dress and whatnot). We have received our NOA1, of which she will obviously be bringing a copy. I was wondering if I should email her a scanned/signed letter for the border official to claim financial responsibility and to support her claim that we know what the hell where doing to avoid her being turned away at the border. My letter goes as follows (rough draft):

To whom it may concern,

I am writing this letter as documentary proof that I, Neil xxxx will be taking full financial responsibility of Salli xxxx for the duration of her trip (4/11/09 - 6/3/09) to Minneapolis, MN. As we are making wedding plans, we are fully aware that we cannot proceed with the actual wedding until her K1 visa is approved. We are also aware that if our I-129F petition is approved before her stay is completed she must return home immediately to proceed with the next phase of the K1 process (medical exam, police certificate, interview, etc.). If we are approved before her intended return to Helsinki, I will be purchasing her a one way ticket home.

Sincerely,

Good idea or worthless?

I don't recommend it. In fact, unless asked, I don't recommend she mention that she is engaged or has a pending K-1. Just have her say as little as possible, but still answer their questions. CBP officers are not logical or intelligent and your letter may not work out the way you want. They may take such a letter as proof of eventual immigrant intent and not let her in.

Edited by Ed+Cindy

------- ROC ---------------

06.29.2011 Mailed I-751

09.22.2011 RFE

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Coming into the US via VWP when immigrant intent is present could raise a big red flag. Your letter would only give the immigration official more reason to doubt that she intends to return to her country.

Reading here on VJ you will see that many fiances have come and gone without problem while in a K visa process. Most do not mention their fiance.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: K-1 Visa Country: Finland
Timeline
Posted

Thanks for the reply.

I understand that they are not necessarily the most understanding group of people. But i believe that her telling them that she is on vacation or visiting friends will be even more suspicious. She has made multiple trips here in the past, each time has been more and more difficult. Last time she stated that she was in a relationship in secondary interrogation. I also know that the can pull up the k1 at the POE. That is why I want to send this to her stating that we are aware of the situation and handling it appropriately. Do to their track record of relative incompetence, I just don't want them to think that we are trying to circumvent the legal process. This is not something i want her to approach the kiosk with but to be used if she is indeed pulled into secondary as a show of good faith/intentions.

Posted
Thanks for the reply.

I understand that they are not necessarily the most understanding group of people. But i believe that her telling them that she is on vacation or visiting friends will be even more suspicious. She has made multiple trips here in the past, each time has been more and more difficult. Last time she stated that she was in a relationship in secondary interrogation. I also know that the can pull up the k1 at the POE. That is why I want to send this to her stating that we are aware of the situation and handling it appropriately. Do to their track record of relative incompetence, I just don't want them to think that we are trying to circumvent the legal process. This is not something i want her to approach the kiosk with but to be used if she is indeed pulled into secondary as a show of good faith/intentions.

First, if she has already been to secondary inspection before AND they know she is in a relationship, I'd say you have a lower chance of her being admitted this time. It seems like the last time when they sent her to secondary, they were being kind to still let her in. Your luck may run out.

Secondly, CBP cannot tell that you have a K-1 in process. It will not be in their system until the visa is issued.

My advice (which is only me) is to not try and have her enter. Just wait for the K-1.

I say this because despite what others claim on this website, my statistics show that a fiance being turned away at POE has negative impacts on the NOA2 times. Whether this is because of additional security checks UCIS does, or general Homeland Security bullying, I don't know. Remember CBP and USCIS are in bed together, both being under DHS.

I have been collecting a sample of everyone I can find on VJ whose fiance was turned away and recording their NOA2 times. In all but one case, there was a longer NOA2 when the fiance was turned back.

If you do try to have her visit, I hope you have good luck.

------- ROC ---------------

06.29.2011 Mailed I-751

09.22.2011 RFE

Posted (edited)
My fiance is visiting in 11 days. She will be staying for just over a month and a half (purchasing a wedding dress and whatnot). We have received our NOA1, of which she will obviously be bringing a copy. I was wondering if I should email her a scanned/signed letter for the border official to claim financial responsibility and to support her claim that we know what the hell where doing to avoid her being turned away at the border. My letter goes as follows (rough draft):

To whom it may concern,

I am writing this letter as documentary proof that I, Neil xxxx will be taking full financial responsibility of Salli xxxx for the duration of her trip (4/11/09 - 6/3/09) to Minneapolis, MN. As we are making wedding plans, we are fully aware that we cannot proceed with the actual wedding until her K1 visa is approved. We are also aware that if our I-129F petition is approved before her stay is completed she must return home immediately to proceed with the next phase of the K1 process (medical exam, police certificate, interview, etc.). If we are approved before her intended return to Helsinki, I will be purchasing her a one way ticket home.

Sincerely,

Neil xxxx

Good idea or worthless?

If we are approved before her intended return to Helsinki, I will be purchasing her a one way ticket home.

I think this one line is going to cause the most problems...why wouldn't she already have a return ticket on a visit?

Edited by thepizzadude

Mailed n-400 : 4-3-14

USCIS Received : 4-4-14

NOA1 Sent : 4-8-14

Biometrics Appt Letter Sent : 4-14-14

Biometrics Appt : 5-5-14

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Poverty Guidelines : http://www.uscis.gov/files/form/i-864p.pdf
VisaJourney Guides : http://www.visajourney.com/forums/index.ph...amp;page=guides
K1 Flowchart : http://www.visajourney.com/forums/index.ph...amp;page=k1flow
K1/K3 AOS Guide : http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos
ROC Guide : http://www.visajourney.com/content/751guide

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Filed: K-1 Visa Country: Finland
Timeline
Posted

Yes she will have a return ticket. Again this is still rough. I am trying to state that if approval comes before her return date I will be purchasing an additional ticket to get her home immediately. Just in case the official is some how aware of the process I wanted to show that we are prepared for an unexpected early approval. I figure at this point showing knowledge of the process is key.

Posted

My Fiancee came here in January, even told the POE Officer she was in the process of waiting for the K-1, and she was given 6 months to visit.

All they asked for is info about the return ticket. She had the complete I-129F package copy I sent her, NOA 1 copy, and a letter from her employer, stating she was on vacation and expected to return in two weeks.

Each case is different, but if you stick to the truth, have evidence of "strong ties" back to your home country, you should have no issues.

Remember, a visa, any type of visa, no matter if your in the process of a K-1 or not, is not a "sure" thing to allow you into the country. If the CBP Officer doesn't think your telling the truth, or your story isn't adding up, they can deny you.

Also, Ed + Cindy, I have some friends that work as CBP Officers for this country, they are like any other workers, some are good, some are not, but I wouldn't lump them all in of not being logical or intelligent.

They have a tough job, and they have to make quick decisions based on what the person in front of them are presenting.

I think they deserve some credit in helping keep the US safe, for the most part.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted
Yes she will have a return ticket. Again this is still rough. I am trying to state that if approval comes before her return date I will be purchasing an additional ticket to get her home immediately. Just in case the official is some how aware of the process I wanted to show that we are prepared for an unexpected early approval. I figure at this point showing knowledge of the process is key.

(Again my 2 cents)

Actually what you are showing is that her return to her home country will only be to pick the visa. In that case, her visit to the US is not really a visit, but rather moving here, with a short trip back to Finland to get another visa. This is what CBP will think.

I understand 100% what you are trying to do and am not trying to argue against you.

All my advice is from person experience.

My fiance had a letter of support from me, she had a return ticket and even a letter of support from our congressman stating that her visit was temporary and that we understand she has to leave, blah blah blah. None of it matters because she had the intent to immigrate (if not on that visit, then later on).

In the words of my lawyer, "no one ever got fired for saying no". For some reason DHS likes to cover their @ss and pass the buck. They are not logical, or kind people. If there is any reason for them to say no, they usually do.

------- ROC ---------------

06.29.2011 Mailed I-751

09.22.2011 RFE

Posted
Thanks for the reply, Bobby. Regarding the letter, any thoughts? She is a little nervous and I just wanted to lend my voice to the conversation as much for her as it is for the officer.

Umit's letter was from her boss, detailing her job, how long she has been working for them, and when she is expected back to work, on company letterhead, of course.

But the CBP didn't even ask to see any of that. Just info on the return flight.

They even asked her when she will be getting married, and where we will live when it's done. Umit said "When we get the K-1 visa, we will get married, and we will probably live in the US."

CBP wished her luck and she went through.

Just be confident and answer truthfully. Lot's of people visit. Some get turned around, but most get through with no issues.

Each case is different, but you won't know till you try.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted (edited)

HI!

U say minneapolis st paul??thats where my husband is from and i had to go to that airport numerous amounts of times! Has your fiancee ever been there?

I know from experienece that minneapolis is extremley hard at border control. they take their job very seriously and every time i got here and replied, when asked the purpose of my trip, that i was visiting my bf i was put in border control (once for 2 hrs!) whilst i was questioned.

One time i went there i was still awaiting my approval for k1. I was going over there for just 6 ays but yet again i was put in border control.

The thing is in all my experineces wth minneapolis airport is i have ALWAYS been put through and allowed to enter the states.However this isnt to say that they dont send ppl back home. i was when in border control saw a man in his 30s being depoted, but then again i dont know his full story!

The time i actually went when i had a pending k1, the officer (after my interigation) said that the only reason they put me through was because i told the whole truth. I would advise NOT to write a letter of financial suport as this to them would seen that you are willing and able to support her and shes intending to stay illegally there.

I would tell your fiancee to reply that shes there to see her fiancee..then def expect border control..and then when being asked question simply (and innocently) explain that she tere to buy a wedding dress and then returning home. Bring a letter from her employment from her country to say that shes got employment that shes returning to. I also said to the border control that i knew the rules of immigration..we're doing the whole marriage thing the right way..ive never done anything to breech the rules and regulations of immigration and i respect them and that i would first and formost not do anything to jepordise my relationship as i know the consequences.

They seemed to like this answer and let me through. Just be honest and dont bring the financial letter along! :thumbs:

Edited by cca
Posted

Secondly, CBP cannot tell that you have a K-1 in process. It will not be in their system until the visa is issued.My advice (which is only me) is to not try and have her enter. Just wait for the K-1.

When i was in interorgation at minneaplis st paul they were obviously suspicious so i told them everything. he then tld me that he was glad that i did as he would have "started tapping away on his computer and got a bunch of imformation on me and then would have started wondering why i didnt tell him." (his words) So no they dont have it initially but I always thought it best not to lie because if you o and they still put you in border control coz youre suspicious....your screwed!

Posted

Nik found that his return itinerary, the Holiday approval letter from his supervisor (with dates) and the NOA1 were pieces of evidence that he found particularly persuasive when he was pulled into secondary. Also the fact that he had our Hawaiian itinerary with him -as we were attending a wedding there- seemed to help ("Oh, it's a REAL vacation then!" was the officer's comment), but that's a little more specific.

The person he was talking to indicated that the fact that we were going through the legal process made him think that we would continue to do so.

Some people advocate omission of facts as a strategy to get through PoE. I think that when you look shifty because you are uncomfortable with this strategy it makes you more likely to be pulled into secondary. Certainly do not lie outright.

I tried to read several "visit during K1 pending" threads before his visit, and it sounded like the ones who were denied were those who could not provide any proof of ties to their country, or didn't have something vital like a return ticket. I didn't see any mention of concern over support or returning in time for interviews. I don't think your letter would help (or hurt).

I do, however remember several accounts of being pulled into secondary, so please be sure to arrange her connecting flight appropriately. Being prepared mentally for that eventuality will hopefully make it a little less upsetting. I also don't think that secondary means you will be denied. I think that it just means they want to get more time with you, but don't want to hold up the line.

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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