[icebunnynj 007]

Hi Guys
Maybe you all can help me out here. I got my 2nd refusal letter stating that i don't have enough evidence for strong enough ties to the United States. This is what they said in the letter .

The Decision
Paragraph 41 (i) requires that you intend to visit the uk for a limited time as stated by you and paragraph 41 (ii) requires you intend to leave the Uk at the end of your stay. You have provided a letter of employment from A-1 sun movers boynton beach florida stating that you will start work them as of 17/04/13 upon your return from the uk. However not satisfied that this is prospective employment is sufficient enough for you to leave your sponsor SNIPPED BY MODERATOR at the end of your six month stay and to prompt your departure from the Untied Kingdom to return to the US . i also note that you have provided no other evidence of any ongoing ties and committments in the united states while your UK based sponsor is a UK Citizen with stated employment from his family business and resides in property owned by his parents. in view of the explained, I am therefore not satisifed that you have meet paragraph 41 (i) and 41 (ii) of immigration rules. I have therefore refused your application because i am not satisified on the balancee of probabilities that you meet all the requirements of the relevant paragraph of the United Kingdom Immigration Rule. your right of appeal is limited to the grounds referred to in section 84 (1) (c) of the Nationality Immigration and Aslyum Act 2002

 

[ashleyt]

Essentially, under scrutiny, you had a weak case. There is nothing stopping you from not going back to work; especially if you decide to stay in the UK. A-1 Movers (I'm from SoFla, too!) would not give you a bad recommendation in the UK as they would't know where you are. Also, they're prospective employers; they know nothing about you nor do they currently rely on you. This means, at bottom, that you have no reason to actually show up to work, according to the UKBA.

Additionally, even having a car, although it can help, might not be sufficient enough. It's fairly easy to get rid of a car or even have a family member sell it.

If you have a house in your name, a tenancy agreement that states your monthly payments (not as strong), if you're enrolled in classes, if you have anyone dependent on you in the US then supply the information.

What a lot of people forget to realize is that the UKBA are not looking at you as you; they're looking at you on paper. They don't *know* that you'll go back to the US like you know you will. They have so many people trying to enter the country without a plan to return to their home country. It is frustrating, but just remember to see it in this light.

 

[mrsnewtolondon]

What a lot of people forget to realize is that the UKBA are not looking at you as you; they're looking at you on paper. They don't *know* that you'll go back to the US like you know you will. They have so many people trying to enter the country without a plan to return to their home country. It is frustrating, but just remember to see it in this light.

Ashley makes a great point. It's hard to look at ourselves from the outside, but the UK government has to ensure that we're not going do harm in the UK (ie overstaying and taking advantage of the system).

We know that our cases are valid and that we're good people, but all they know is what evidence we've provided them with.

I know it's hard (and harsh), but you're doing this the right way... better to have applied and been turned away than to have disregarded the rules and regulations, purchased an expensive ticket, flown all the way there, and then been deported (which will possibly hurt you with your visa later down the road).

My husband and I had planned on me going to stay for 5 1/2 months (to give us that experience prior to marrying). We heard from a friend that she'd been detained when they noticed that, and we didn't want to risk that. We decided to decrease my stay to one month and marry sooner. Even though we changed my flights, I did end up getting detained. In the end, I was let in, but it was an experience I wouldn't wish on anyone. My husband and I are thrilled that we moved up our wedding date, but I can tell you that we would not be married yet if we didn't feel that it was necessary in order to be together.

If you don't have any other evidence to prove that you have big legal ties to the US, you might consider a fiance visa?

 

[icebunnynj 007]

It is a weak case and I agree with you all. But getting a fiance visa what are the requirements for it and can you help me with this application and give me advice on it

 

[mrsnewtolondon]

It is a weak case and I agree with you all. But getting a fiance visa what are the requirements for it and can you help me with this application and give me advice on it

Go to the following link on the UKBA site for all of the specifics, but in summation, a fiance visa is for people who have intended to get married in the UK. Once obtained, you will have 6 months to actually get married. At the point of marriage, you can apply (from where you are in the UK) for a spousal visa.

UK Border Agency | Fiance(e) or proposed civil partner of a British citizen or settled person

You'll need to show proof that you intend to marry or register your civil partnership within a reasonable time (6 months). This can be shown though an appointment with the registry office in addition to other items.

This forum is fantastic for giving you suggestions on what to send and what is appropriate. These visas are quite expensive, so be sure you have everything and that you have plenty of evidence in all categories prior to submission.

 

[icebunnynj 007]

Basically all i have is bank statements and car insurance and cellphone bill that i am paying and it in my name my car is registered in my name also and i do have the title and i can get a copy of my parents deed stating that i do have a place to stay and even if i wrote a letter stating that i have family in the us and show them pictures would that be in any kind of help????????????

 

[mrsnewtolondon]

Honestly, I was in a similar boat, and don't think it's enough. I can't say for sure, but don't think so.

 

[ashleyt]

The "trick" to is is that you need to show that you have a desire to go back to the States. I've been on about 12 trips to England and they always question my motives at the border. Up until recently, I showed them my return ticket and my enrollment at Uni. It showed that I was only going to be there for a short time and absolutely needed to be back for classes. After I graduated, I had my boss write a note claiming that I would be back at work the day after the date on my return ticket.

As for applying for a visa (which I never did but I suggest doing), you'd need to show something that grounds you to the US. A fiance visa, at mrsnewtolondon explained, shows that you're trying to stay in the UK so you wouldn't need proof.

Unfortunately, a bank account and things such as potential jobs, small cell phone bills, and car insurance don't work (do keep in mind that they WILL ask you about how much money you have on you and have access to so do keep your bank account stocked!).

I wish you good luck and hope you sort something out! Sounds like the best thing you can do is begin work and establish a rapport, build your bank account, and keep compiling documents that show your US ties.

 

[icebunnynj 007]

I work for a Contractor who own his own business and is looking for help moving furniture and i was asked if i wanted to work for him and i said yes but the only thing is that he pays under the table.

 

[ashleyt]

What you need to show is proof that you're coming back to the United States. When I had my employer write a letter confirming my attendance at work the day after my return flight, this was enough. I also had him write how long I had been working with him to strengthen the letter.

It doesn't matter how exactly you're paid (for a visitor visa), but more that you have a job to come home to. Your company's letter would need to state that they do depend on you and vice versa, essentially. I imagine an employer that pays under the table will be very apprehensive to write a letter confirming your employment, however.

Remember that the UKBA are seeing you on paper, not for who you are. Anything you submit has to be able to stand on its own without your two cents supporting it, unfortunately. It's the only way they can ensure that they're completely objective on a seemingly subjective issue.

The best thing you could do is ask for your employer to actually employ you. I'm not suggesting you continue being paid under the table, but, maybe it'd help if you worked by the books for a few hours a week and the rest under the table so your employer wouldn't be lying by writing the letter. If not, make sure he doesn't lie in the letter (i.e. he wouldn't write "icebunnynj_007 is currently employed by xxxx Moving Company" and instead something like "icebunnynj_007 is currently contracted...").

The worst thing to do when dealing with the UKBA is to be dishonest. They're not trying to hassle you, they just require the truth in order to complete their jobs.

Hope this helps!

 

[mrsnewtolondon]

If I remember correctly, you have not started your employment with them, correct, Icebunny? This is going to further complicate the issue.