What are her Chances of being granted a K1 Visa?

[LORIEandPHIL 123]

Look at it from the position of the officers at POE. A woman turns up with flights booked over the 90 day limit. She has left her job, let her apartment go, carrying all her belongings, including documents. She has no ties left in the UK. And the reason she gives for having all her belongings was it might save money if she brought everything here now, in case she moves to the USA in the future. Would you have let her in? It's obvious no matter what you say, that the intent was to stay indefinately in the USA. but having said that, it should not effect your K-1 if she was just denied entry.

Edited January 21, 2013 by LORIEandPHIL

[Nich-Nick 3,354]

Thanks Nich-Nick, I have written my lawyer now and asking her why she did not know this as I greatly appreciate you assistance. Its a good thing I found this site before her mailing things off. I will have her remove my letter and DS-230 part II from the paperwork we are preparing to mail off.a

Another question I am confused on is on the DS-157K all of the documents required on that form, I have advided my Fianc'e to only send copies not her originals,

as at the bottom of the page it states On the day of the visa interview, you will be required to bring all of your original documents, or certified copies, plus one photocopy to the visa interview. Click on "The Interview" and "Visa Fees"on the left-hand Navigation bar for further information.

Whatever you are paying the lawyer is too much. There is much better information on this website.

If you will read the K1 instructions from London, it says to mail the forms DS-230-Part 1, Form DS-156 and DS-157 for each family member applying for a visa. In addition, the principal applicant is also required to complete form DS-156K. London does NOT want you to sent any supplementary evidence or documents. Only the forms. I'm 1000% positive.

Get a medical exam. Details on the website.

Also they want you to gather all the documents needed for the interview and get them IN HAND. There is a list provided on the website. When you have all the documents needed, you may submit the DS-2001 to say you have all your documents and are prepared to interview. There is no DS-2011 as stated in your other post. The instructions tell you what to include in a cover letter with the DS-2001.

When ALL those things are received b y the embassy, they will contact you in 4-6 weeks with a letter assigning an interview.

What you need to know is on the website if you or your lawyer will read it and click all the links. I'm not going to detail it all because you are paying a lawyer to do that for you. I'm not going to be her free assistant in this post.

[Moomin 292]

Being denied of using ESTA one time(regardless of having application withdrawn, overstaying or other factors) means one can't use it again after that.

What your attourney should have told your fiancee was to establish herself in UK(job, apartment, bills) and then applied for a tourist visa. CBP officers basically require to see the same evidence of ties to home country. Only difference is, CBP officers have the right to turn one away if the ties aren't strong. To be honest, if your fiancee couldn't prove her ties to UK to a CBP officer, she probably wouldn't have pulled it off at a tourist visa interview.

On the posetive side - being refused entry/application withdrawn won't affect the outcome of the K1 interview. If she's asked, instruct her in tellng the truth. But not a truth that takes 20 minutes to explain, and not a truth that's been rehearsed. Facts are she was refused to enter because she lacked ties to home country.

CBP officers have the right to deny anyone's entry, which includes circumstanciel evidence. It's up to the tourist to bring proof and show it upon request.

[Gary and Alla 3,694]

Thanks Nich-Nick, I have written my lawyer now and asking her why she did not know this as I greatly appreciate you assistance. Its a good thing I found this site before her mailing things off. I will have her remove my letter and DS-230 part II from the paperwork we are preparing to mail off.a

Another question I am confused on is on the DS-157K all of the documents required on that form, I have advided my Fianc'e to only send copies not her originals,

as at the bottom of the page it states On the day of the visa interview, you will be required to bring all of your original documents, or certified copies, plus one photocopy to the visa interview. Click on "The Interview" and "Visa Fees"on the left-hand Navigation bar for further information.

The correct answer from your attorney (which you will never get) is "I didn't know this because I know nothing about immigration because no one needs to know anything to fill out 2 simple forms"

Attorneys do not do anything for the interview/visa application, or the AOS or anything else. It is like hiring an attorney to fill out a college application (which is far more complicated)

BURN THE LETTER.

Good luck, read the instructions and follow them

Look at it from the position of the officers at POE. A woman turns up with flights booked over the 90 day limit. She has left her job, let her apartment go, carrying all her belongings, including documents. She has no ties left in the UK. And the reason she gives for having all her belongings was it might save money if she brought everything here now, in case she moves to the USA in the future. Would you have let her in? It's obvious no matter what you say, that the intent was to stay indefinately in the USA. but having said that, it should not effect your K-1 if she was just denied entry.

They were correct to deny her entry. It will have no affect on the K-1

[Cathi 5,782]

From what I read(it was too long to read the entire thing). you blamed the airlines for allowing you to book a flight for 92 days, and that it was their responsibility to not book it, that it is their job to police everyone who wants to enter the US. Actually, it is your responsibility to know the law, and you were the one who needed to make sure the trip was less than 90 days, CPB doesn't care that you saved "like 400 dollars". She showed no ties to her country by not having a job and not having a place to live. That is why she was denied. From their viewpoint someone showing up with no job or even a place to live with her belongings in tow, shows she had immigrant intent.

Forget the letter and proceed with the k-1, just because she was refused entry doesn't mean that she will be denied the visa.

Edited January 22, 2013 by mimolicious

[VanessaTony 3,567]

We are only a couple in love and most definitely following the rules and only trying to be together by following the many rules that will allow us to do so.

Aside from the fact this letter is not required - which I believe you now understand there's a few things I feel you should understand about US immigration.

You/she are/is guilty unless you/she can prove otherwise. It was HER job to prove she didn't have intent to immigrate. She can't prove that. She can get her friends to say "oh yes she TOLD us she's coming back" but that doesn't overcome the many many MANY negatives:

- Return flight past 90 days

- Personal documents which would aid immigration on her person

- she was MOVING her possessions to the US

- she'd quit her job

- she'd given up her apartment/flat

You (and she) DIDN'T follow the rules because you were totally misinformed. You didn't follow the rules of taking documents to prove she didn't have intent. You're asking people who are lied to on a regular basis to trust your word. You're expecting them to believe (without evidence) that you are both beyond reproach in spite of the evidence of intent to immigrate. It wouldn't be the first time someone of your rank (or higher or lower) would break the law. It's not the first time someone told them "oh but I didn't know".

You obviously can't go back and change things but just remember in this process (which is long) that USCIS doesn't always make sense, they don't just HAVE to trust your word. Evidence is key. Just like the evidence I listed about was PROOF she had intent. Your word, her word doesn't override that proof.

I also suggest you dump your attorney. All the horrid advice you've been given could have done much worse damage.

[del-2-5-2014 1,339]

I loved the use of "situational awareness".

OP, I'm like you, I get carried away with long winded letters. Listen to others, if the letter is actually necessary, whittle it down. You are writing to overworked civil servants, they have no time for our love stories and suggestions.

[syntaxkid 0]

This letter is expansive and over-inclusive to a degree that the author will appear mentally unstable and perhaps manic. I'm sorry to hear about your misfortune, but immigrations will not read anything past the 90 days. I hope you and your fiance see this through and that you both have a healthy and happy ending to this.