Invitation Letter?

[Ecofolux2427 11]

Hello everyone,

 

My fiancee has been stuck in China ever since COVID happened. She's always had a valid US tourist visa but for most of the pandemic, China wouldn't let its citizens leave. Well, things are *slightly* better now and China lets some people leave arbitrarily. 

 

Anyway, I bought my fiancee a plane ticket for the end of the year. Although I'm worried about the US border agent because we're still in the process of obtaining our K-1 Visa. We originally applied back in September 2021 and still have heard NOTHING (14 months since applying).

 

I don't want any issues at the border because it would be a nightmare and near impossible to send her back (she will have her cat...who already took the plane ride here and I doubt China would let my fiancee back in since she just left). No humane US agent would turn her away. 

 

How do I make sure of this though? Should I write an invitation letter? Stating how we haven't seen each other in 2.5 years and how she wants to visit temporarily for a couple of months? I am buying her a return ticket too. She is also still employed in China and her main residence is there.

 

Is the invitation letter overkill? Any other suggestions? Thanks for your input!

[Crazy Cat 41,723]

Invitation letters are useless.  The best thing she can do is to be prepared to show evidence of the strong ties to her country.  Bringing the cat is not a good idea at all, imo.  It could easily be seen as a move to the US instead of a visit.  CBP needs only suspicion to send her right back home. 

Edited November 11, 2022 by Crazy Cat

[RamonGomez 271]

1 hour ago, Crazy Cat said:

Invitation letters are useless.  The best thing she can do is to be prepared to show evidence of the strong ties to her country.  Bringing the cat is not a good idea at all, imo.  It could easily be seen as a move to the US instead of a visit.  CBP needs only suspicion to send her right back home. 

Sloppy copy and paste job IMO. 

 

Years ago when my then-girlfriend, now-wife, and I were dating, she'd visit me several times a year and she always had an "invitation letter" from me one her. On a few occasions the CBP officer looked at it, asked her a question or two about me, and then wished her a great visit.

 

Also incorrect on the CBP statement - it's not quite that simple. A primary CBP officer needs suspicion, and then approval from a secondary officer after an interview, and then approval from the station chief to authorize a denial. Something like 1 in 2000 international visitors are denied entry to the US, and some of those denials are overstays, criminal records, people bringing in contraband, etc.  The chance OP's GF gets denied is tiny and certainly not worth more separation IMO. 

 

Agree on leaving the cat at home, however. 

 

@Ecofolux2427  I'm sorry you have been through such a lengthy separation. Honestly, the biggest hassle for your fiance will be getting back to China. Even with all the recent changes, it's still a major (and expensive) PITA.  Good luck.

[Crazy Cat 41,723]

14 minutes ago, RamonGomez said:

it's not quite that simple.

Invitation letters are useless, and they do nothing to prove a person will leave the US before their I-94 expires. Suspicion is all that is needed to deny entry.  It is ALWAYS prudent to be prepared for any question.

Edited November 12, 2022 by Crazy Cat

[SalishSea 17,773]

9 hours ago, Ecofolux2427 said:

Hello everyone,

 

My fiancee has been stuck in China ever since COVID happened. She's always had a valid US tourist visa but for most of the pandemic, China wouldn't let its citizens leave. Well, things are *slightly* better now and China lets some people leave arbitrarily. 

 

Anyway, I bought my fiancee a plane ticket for the end of the year. Although I'm worried about the US border agent because we're still in the process of obtaining our K-1 Visa. We originally applied back in September 2021 and still have heard NOTHING (14 months since applying).

 

I don't want any issues at the border because it would be a nightmare and near impossible to send her back (she will have her cat...who already took the plane ride here and I doubt China would let my fiancee back in since she just left). No humane US agent would turn her away. 

 

How do I make sure of this though? Should I write an invitation letter? Stating how we haven't seen each other in 2.5 years and how she wants to visit temporarily for a couple of months? I am buying her a return ticket too. She is also still employed in China and her main residence is there.

 

Is the invitation letter overkill? Any other suggestions? Thanks for your input!

Why is she bringing a cat on vacation? 
 

That is a move by someone who does not plan to go home.

[SalishSea 17,773]

7 hours ago, RamonGomez said:

Copying and pasting your previous post, with some added bolding and CAPS doesn't change that fact that it's pure speculation. 

Even the department of state travel.gov website itself states that invitation letters are not considered when evaluating whether to grant admission to the US.

[TBoneTX 45,155]

A noncontributory post has been removed.  Knock it off, immediately and permanently.

 

VJ Moderation

[TBoneTX 45,155]

9 hours ago, Ecofolux2427 said:

Any other suggestions?

1.  Leave the cat at home.  This is crucial.

 

2.  Bring copious proof of ties to home -- employment letter (job title & when she's expected back, supervisor's name & contact information) with certified translation, proof of home ownership if applicable, et al.

 

3.  Evidence of a good previous travel history (returning from other countries) is probably the best way to overcome presumed immigrant intent.  If she has stamps in her current or a previous passport, show those.

 

4.  Everyone is right when they say that mere suspicion is enough to refuse entry.  Internal CBP protocols are irrelevant.  She should volunteer to the agent that an I-129F petition has been in process for 14 months [do not say "K-1"] at USCIS, and that this visit is intended to build evidence of a bona fide relationship for the eventual K-1 consular interview in Guangzhou after she returns from this visit (this last is important to add).  She can cite the severe Chinese COVID travel restrictions as a reason for the need to visit now to build evidence.

      If the CBP agent asks suspiciously, "Are you here to marry and adjust status?" she should look shocked and reply, "No way!  We're 14 months into the I-129F process and don't want to go back and start from zero!"

      Correctly using the "terminology of the immigration business" (I-129F, USCIS, K-1 interview, Guangzhou consulate) may help to convince the CBP agent that she's on the level with her story.  Can you get her a copy of your I-129F receipt notice that you got from USCIS?

 

OP, please complete your VJ timeline.

Edited November 12, 2022 by TBoneTX

[Ecofolux2427 11]

7 hours ago, Jorgedig said:

Why is she bringing a cat on vacation? 

Because she will be staying here for 2.5 months and it's much cheaper ($125) to fly the cat here and take care of it here....rather than $30x75days ($2000+). Also her parents are too old and don't know who to take care of animals.

 

If everyone thinks it's a better idea to just say that it's my cat, and she is returning the cat to me, we could go down that route....

 

She has 2 cats but can only fly one at a time. That's why we need to bring the first cat on this trip.

[Crazy Cat 41,723]

6 minutes ago, Ecofolux2427 said:

Because she will be staying here for 2.5 months and it's much cheaper ($125) to fly the cat here and take care of it here....rather than $30x75days ($2000+). Also her parents are too old and don't know who to take care of animals.

 

If everyone thinks it's a better idea to just say that it's my cat, and she is returning the cat to me, we could go down that route....

 

She has 2 cats but can only fly one at a time. That's why we need to bring the first cat on this trip.

Lying to CBP is not a wise move at all.  No one here will advise that.  The point is that bringing a cat could be seen as a MOVE to the US, not a visit.  

[JeanneAdil 6,467]

15 hours ago, RamonGomez said:

Sloppy copy and paste job IMO. 

 

Years ago when my then-girlfriend, now-wife, and I were dating, she'd visit me several times a year and she always had an "invitation letter" from me one her. On a few occasions the CBP officer looked at it, asked her a question or two about me, and then wished her a great visit.

 

Also incorrect on the CBP statement - it's not quite that simple. A primary CBP officer needs suspicion, and then approval from a secondary officer after an interview, and then approval from the station chief to authorize a denial. Something like 1 in 2000 international visitors are denied entry to the US, and some of those denials are overstays, criminal records, people bringing in contraband, etc.  The chance OP's GF gets denied is tiny and certainly not worth more separation IMO. 

 

Agree on leaving the cat at home, however. 

 

@Ecofolux2427  I'm sorry you have been through such a lengthy separation. Honestly, the biggest hassle for your fiance will be getting back to China. Even with all the recent changes, it's still a major (and expensive) PITA.  Good luck.

you need to read the CBP site to see that by end of September 2022 1,154,170  were apprehended

and 230,348 were demied inadmissable under Title 8 and Title 42

they also seized 57.93 milion and a substanial amount of various drugs

 

Beginning in March FY20, OFO Encounters statistics include both Title 8 Inadmissibles and Title 42 Expulsions. To learn more, visit Title-8-and-Title-42-Statistics. Inadmissibles refers to individuals encountered at ports of entry who are seeking lawful admission into the United States but are determined to be inadmissible

 

https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics/title-8-and-title-42-statistics

[Ecofolux2427 11]

1 minute ago, Crazy Cat said:

Lying to CBP is not a wise move at all.  No one here will advise that.  The point is that bringing a cat could be seen as a MOVE to the US, not a visit. 

Ok, so what about the truth about how expensive it would be to have someone take care of the cat?

[Crazy Cat 41,723]

Just now, Ecofolux2427 said:

Ok, so what about the truth about how expensive it would be to have someone take care of the cat?

I think that is better than lying to CBP.  Just remember that anything which draws more attention & scrutiny opens more doors.  I wish you both the best of luck. 

[Cathi 5,744]

53 minutes ago, Ecofolux2427 said:

 

If everyone thinks it's a better idea to just say that it's my cat, and she is returning the cat to me, we could go down that route....

 

 

Because lying to CPB is always a great idea. NOT!

[slavaskii 886]

Is her employer okay with her going on a vacation for 2.5 months? I know we're all talking about the cat, but I can imagine CBP would be skeptical of (a) her not planning on returning to work (especially considering China's random lockdowns) and/or (b) her planning to work remotely in the US (illegal). The length of her trip in light of the attendant circumstances is what would be concerning, IMHO.

 

Also, just to clarify something: I don't believe CBP even considers whether it would be "humane" to send someone back if their country isn't specially designated. The fact she's coming from China won't, from my understanding, weight at all on CBP's admission decision.