Do we need a lawyer for our K1?

[lileepad 3]

Hi all,

Growing up, I have visited the USA as an unaccompanied minor many times to visit my relatives and for my grandmothers 80th. The last time I used ESTA was when I was 18. ( I am now 24)

Last year, when I was 22 turning 23 - I was on a J1 visa where I met my boyfriend and now we are doing long distance.

Long story short, when I was in New Zealand during my J1 consulate interview - I was initially denied of the J1 visa as that particular consul didn't think I had enough ties to leave the country. Two weeks after that denial, I went for another interview and was approved.

Now my boyfriend and I are in talks of filing for a K1 next year but unsure what to do with my case. Before I left the USA, we spoke with an immigration attorney and advised us the procedure and the cost for his service.

Since joining Visa Journey, I see a lot of people are advising that you can do it all yourself and you don't need a lawyer. In my circumstance where on my record I have a previous denial (even though they approved me 2 weeks later) would it be better that we have a lawyer?

Keeping in mind that I never overstayed, fulfilled and never violated the terms of my J1 and left when it expired etc. I also was approved of a ESTA authorisation which doesn't expire till October 2015 next year as I plan to visit my relatives and boyfriend this Christmas and New Year.

Also - Do you guys think I need to tell them at POE that I have a boyfriend?

[landr 126]

I can't see a place to mention the J-1 visa denial in the I-129F fiance(e) petition. As far as I can tell, you don't have to mention previous visa denials until you complete the DS-160 online form. This stage comes after the initial petition has been approved in the US and your case is then transferred for processing by the consulate in New Zealand. At your interview, the CO might bring up the denial and ask you to talk them through it and why it happened. So, you should be prepared for this.

And no, you do not have to volunteer that you have a boyfriend at POE. If they ask, then say yes. But you don't need to blurt it out if it's not asked about.

I personally don't think you need a lawyer. Though others may have a different opinion.

[icv21 110]

Hiiii,

I personally don't think you need a lawyer. Your visa was denied because you didn't have enough ties to your country you said so...for a k-1 its not a problem because there are clearly not ties needed since the purpose of the visa is to be with your loved one in the US for that the reasons that visa was denied doesn't matter anymore. Also you got approved later, and always came back to your country. Even you have an ESTA right now , I wouldn't worry.

About visiting for Christmas always say the truth if they ask. Don't over explain but don't lie or hide anything. If they ask purpose of the trip say the truth. Always be honest. It's very normal to come visit your relatives and boyfriend specially around Christmas time

[Ulink2 7]

My personal opinion, you do not need a lawyer. Because:

- You still need to do basically the something with or without lawyer (they fill the I-129F form but you needed to tell them the info, you need to sign the check for the fee and the check for lawyer, we still need to explain the detail how we two met, and submit/gather all evidences, you still need to communicate to get the updates)

- Unless it is the proof for relationship, do not provide more than what they ask. You will either confuse them or you will just look bad or introduce bad ideas into their minds.

- I believe the USCIS is reasonable, as long as you do not violate anything and meet the requirements, your case should pass. It takes time but they do not deny just for the sake of denying or hate you.

Edited November 8, 2014 by Ulink2

[lileepad 3]

Thanks so much for your advice guys!

I was only worried about POE this coming Christmas because another member advised me based on their experience of a denial on their record, they take you to another room for interviewing and the officers hounded the poor guy and asked him so many questions.

Will they give me a harder time at POE if I say Im visiting my relatives and boyfriend for Christmas?

Edited November 8, 2014 by lileepad

[Ulink2 7]

Thanks so much for your advice guys!

I was only worried about POE this coming Christmas because another member advised me based on their experience of a denial on their record, they take you to another room for interviewing and the officers hounded the poor guy and asked him so many questions.

Will they give me a harder time at POE if I say Im visiting my relatives and boyfriend for Christmas?

1. Do not deny, I just mean if they do not ask, then you do not tell.

2. I do not see the point of giving you hard time for you visiting /boyfriend - as long as you stay within the Visa duration and do not violate working permit or some crime.

[icv21 110]

That happened to me a few times.... But I must say I came here 11 times with stays of 89 days so I understand their concern. They always asked me what was the purpose of my trip I always say visit my boyfriend, they would ask where do I stay, show some pictures....look at my bags.... I had nothing to hide. They even called my husband ( then boyfriend ) once to make sure I was saying the truth. But it happened the last times I came here, for the first years no problem.

Don't worry about it! Are you staying for long time???

[landr 126]

The POE experience is highly dependent on the CBP officers who are on duty at the time. If they're having a bad day, then you're more likely to have a bad day.

All you can do is to be honest when answering all their questions. But don't volunteer information that is not asked for. And bring lots of evidence that you will be heading back to New Zealand at the end of your current trip. That is, even if your ultimate goal is to emigrate to the US, you are not going to do that on this trip. You are going to complete all the necessary paperwork to get the right visa. This trip is only about spending time with your loved ones during the holiday season.

Edited November 8, 2014 by landr

[lileepad 3]

1. Do not deny, I just mean if they do not ask, then you do not tell.

2. I do not see the point of giving you hard time for you visiting /boyfriend - as long as you stay within the Visa duration and do not violate working permit or some crime.

Perfect. Thank you!

[lileepad 3]

That happened to me a few times.... But I must say I came here 11 times with stays of 89 days so I understand their concern. They always asked me what was the purpose of my trip I always say visit my boyfriend, they would ask where do I stay, show some pictures....look at my bags.... I had nothing to hide. They even called my husband ( then boyfriend ) once to make sure I was saying the truth. But it happened the last times I came here, for the first years no problem.

Don't worry about it! Are you staying for long time???

Oh wow okay that gives me hope and less to worry!

Did you bring evidence during your visits to show you intended to leave the country? Ties to go back home?

Nope, I am only staying from Dec 23 - Jan 2. Its like a week and a bit.

[lileepad 3]

The POE experience is highly dependent on the CBP officers who are on duty at the time. If they're having a bad day, then you're more likely to have a bad day.

All you can do is to be honest when answering all their questions. But don't volunteer information that is not asked for. And bring lots of evidence that you will be heading back to New Zealand at the end of your current trip. That is, even if your ultimate goal is to emigrate to the US, you are not going to do that on this trip. You are going to complete all the necessary paperwork to get the right visa. This trip is only about spending time with your loved ones during the holiday season.

Thanks so much landr,

I feel like I'm in a pickle for evidence (even though I really do intended to leave Jan 2) My trip is Dec 23 - Jan 2.

In terms of evidence (ties to come home), I only really have my parents here in Australia. Currently without a job (marketing) as I arrived from my J1 end of June in Australia to visit my parents. Decided to stay here instead of NZ and try job hunting. Only problem I have encountered is that obtaining a Marketing Job in Australia is so much more competitive than New Zealand which is a smaller market but my overseas experience from the USA is proving to be a asset over there.

Further to this, my boyfriend is visiting me and we are holidaying in NZ and Australia in less than 3 weeks and so I decided to put off getting a full time job in New Zealand until I return back from the USA after the New Year. .. I don't know what other evidence I could have that is a definitive proof like a full time job to come home to?

Edited November 8, 2014 by lileepad

[landr 126]

A return ticket? Evidence of enough funds to pay your own way during your Christmas trip? Others might have more ideas.

[lileepad 3]

A return ticket? Evidence of enough funds to pay your own way during your Christmas trip? Others might have more ideas.

Golly gosh. I have that - I don't know why I didn't think of that though. Lol sometimes I forget that Im just visiting via ESTA and my whole previous J1 visa denial of not having enough ties gets me worked up and worried. Thanks a bunch!

[icv21 110]

Oh wow okay that gives me hope and less to worry!

Did you bring evidence during your visits to show you intended to leave the country? Ties to go back home?

Nope, I am only staying from Dec 23 - Jan 2. Its like a week and a bit.

I think you are totally fine, it's a 10 days visit

They would ask me what date is my return ticket and to show it to them. how much money I had for the trip...

They sometimes asked if I had a job. I would say no and they asked who paid for my ticket so they would ask what my boyfriend's job was and a few times I was asked how I meet my boyfriend. Not really evidence to be honest the plane ticket in my case was enough.

Every time I landed at atlanta airport that was all, they are always very nice ,3 minutes and have a good vacation. The times I was stopped was at Philadelphia airport.... I really dislike that airport for those reasons I never had a problem before.

Edited November 8, 2014 by IRIScv

[lileepad 3]

I think you are totally fine, it's a 10 days visit

They would ask me what date is my return ticket and to show it to them. how much money I had for the trip...

They sometimes asked if I had a job. I would say no and they asked who paid for my ticket so they would ask what my boyfriend's job was and a few times I was asked how I meet my boyfriend. Not really evidence to be honest the plane ticket in my case was enough.

Every time I landed at atlanta airport that was all, they are always very nice ,3 minutes and have a good vacation. The times I was stopped was at Philadelphia airport.... I really dislike that airport for those reasons I never had a problem before.

Perfect! Thanks so much for your insight - you're a big help!

Yes, I think thats the same with LAX as it is a main hub, I think if my POE was there I would have a difficult time. My flight will be direct to Dallas.