cr1 can a lawyer help with this?

[jaliuana 6]

i have one other concern and im unsure if it has been done.. but here is why im asking. this is in regards to the 'showing you have ties with your country' when he visits. (hed be visiting with VWP)

well, currently hes in south korea but he barely just arrived there as he had been working in australia. he has about a week hes been back in his country so he is currently not employed. we planned to marry before he begins another job so that he actually has the time to visit here. also he does not go to school (he finished). i know showing property is the other option but.. the apartment belongs to his mom. so his name is not on the bills and stuff. bank account is another option right? but also, he has a lawyer working with him in south korea. ive never heard of this possibility but... can he talk with his lawyer into making a letter stating he will return because my fiance is working with him to then legally begin the CR1 process after we marry?

ive not seen this done.. but could that be enough to prove he will not stay? (which he wont, we want to marry -> he returns to south korea -> we begin cr1 process.)

[Penguin_ie 5,993]

**** moving from Bringing Family to Tourist visa forum as Op is asking about the VWP *****

[KierenHby 899]

Lawyer's letter has no weight on vwp visa process. Everything you wrote, he says verbally to the airport\CBP. 

[aaron2020 11,651]

A lawyer can not help with this.

[jaliuana 6]

7 minutes ago, aaron2020 said:

A lawyer can not help with this.

i see, but lets say he mentions all that i wrote to the airport cbp (the reasons as to why he doesnt have all of that) and even if the letter doesnt really do much, could they see it as him possibly making an effort at being honest since he has no way of showing the other things? even if the letter wont help much.. just to help show hes being sincere? im so sorry if the answer is an obvious "no". i guess im just desperate.

Edited February 10, 2017 by jaliuana
typo

[aaron2020 11,651]

1 minute ago, jaliuana said:

i see, but lets say he mentions all that i wrote to the airport cbp (the reasons as to why he doesnt have all of that) and even if the letter doesnt really do much, could they see it as him possibly making an effort at being honest since he has no way of showing the other things? even if the letter wont help much.. just to help show hes being sincere? im so sorry if the answer is an obvious "no". i guess im just desperate.

There is nothing a third party can do to help.  Anyone can write a letter.  A lawyer has no more sway than anyone else.

 

The letter will not help at all.  A letter from a third party does not show your spouse is sincere.  

 

You are being desperate and that will not help.  That might actually backfire on you.

[KierenHby 899]

Sincere words prolly matter more than a piece of paper. 

[geowrian 22,337]

Yes, he can try to convince his lawyer to write the letter. No, the letter won't help. CBP doesn't need evidence that he's being honest. They need evidence that he will return home.

[Boiler 45,525]

A Lawyer will write anything if the fee is good.

[jaliuana 6]

39 minutes ago, aaron2020 said:

There is nothing a third party can do to help.  Anyone can write a letter.  A lawyer has no more sway than anyone else.

 

The letter will not help at all.  A letter from a third party does not show your spouse is sincere.  

 

You are being desperate and that will not help.  That might actually backfire on you.

i understand. thank you for snapping me out of that. the only thing he does have currently that could qualify is a bank account. deposit account, is that better?

[monica7777 40]

Bank account statements help, any receipts, bills under his name, driver's  license, id and maybe his return ticket to fly back home. During my Consular process the attorney recommended me to not enter the U.S. with my tourist visa. You have the risk of being turned away at the border once they know you are intending to live here permanently.

[Stagnant Sloth 5]

I had asked before about visiting the US with virtually no ties to my home country (Canada).

 

I was trying to think up different things to use as ties. Not make up things, but I think I was reaching pretty deep to come up with things that constitute ties. Someone had told me in my thread that all I could pretty much do is go with what I had (almost nothing) and take a chance.

 

I ended up successfully gaining entry to the US multiple times with what I would assume would be considered extremely little ties to Canada. Several of my stays were for several months.

 

I was never brought into secondary questioning, but was questioned quite a bit several times. One time I was asked about 25+ questions and told that they felt I had very little ties and wanted me to state any reasons that I could use to convince them that I wouldn't stay. I didn't really any compelling reasons (doctors appointments, which they shot down, saying they can easily be cancelled, for example).

 

But, I just took a chance each time with going and knew that in my own head that I had good intentions and hoped that this would reflect in my answers along with my honesty.

 

The only thing I think I did have going for me was a fairly large amount of savings as a means to prove that I could financially support myself.

 

Things that I did carry with me were:

 

1) Copy of travel medical insurance showing the date it expires. (Have never been asked for it, but I always carried it).

2) Return flight information. (I was asked for this on every entry. I think this was the most important thing for me.)

3) Doctor appointment notes. (Never was asked for them).

4) Bank/credit card statements. (Was never asked for them, but asked more than one time how much money I had access to).

5) Copy of prescription for medication with the specified amount being the amount of time that I was going to be in the US. (Was never asked for it, but voluntarily supplied it multiple times and thanked for my honesty for letting them know I had prescription medication on me, even though they said it wasn't required because it wasn't a narcotic.)

 

And the key is honesty. The questioning for me was always triggered after informing them that I was trying to go visit my fiance. But, lying about that and trying to deceive them would surely carry much worse consequences than simply worrying about if he can visit or not.

 

I'm not advocating that going with very little ties will work for everyone. Perhaps I was lucky to be able to enter several times and for months at a time several times. But, I just wanted to pass on the advice that you can't manufacture ties and can only go with what you have. Fortunately, everything worked out for me and I am currently in possession of my K1 visa, and will be embarking to the US soon and hopefully won't have to go through the hassling at the border anymore with having to convince them I'll leave.

 

One additional thing to consider, and I may be completely wrong (someone please correct me if I am): But, to also consider that being denied entry into the US could result in removal of being able to use the Visa Waiver Program in the future. I am fairly certain that I've read that in some other threads.

Edited February 10, 2017 by Stagnant Sloth

[aaron2020 11,651]

A denied entry would result in the inability to use the VWP.

[shayden10 78]

I am Canadian and enter from Canada, but I have been denied entry to the US due to the inability to prove ties to my country. I was provided a list of paperwork at the time of refusal that I needed to have with me next time I attempted to enter the states.

The list is:

Evidence of Employment (pay stubs, employee ID, letter from employer)

Proof of Foreign Residence (rent receipts, copy of mortgage, utility bills)

Evidence of Financial Support

Evidence of Financial Assistance

Evidence of Education Ties

Utility Bills (phone, gas, electric, and insurance)

income Tax Return Forms for current and past year

Confirmed Return Date (airline tickets, train/bus tickets, must be date specific)

Sufficient Funds for Intended Trip

Contact name of People you are traveling to see in the US

Address/Phone number where you can be reached in the US. 

 

I copied this list directly from the paperwork provided to me by CBP when I was refused. Unfortunately, with this list, the best evidence for me was always my return trip booked and information from my employer. They told me when I was refused that they wanted all of it, but you want the strongest evidence not all of the evidence. You can take a chance and go without any evidence, but even coming as a Canadian I learned fast that it's not an open door. 

I hope everything works out for you, best of luck!