Military Spouse visa refusal
Aug 15th 2017, 10:06 am
#16
Still alive
Joined: Jan 2006
Posts: 28,994
Re: Military Spouse visa refusal
So the JAG said pretty much the same thing, wait for the paperwork to come back and she feels confident I will be eligible for a waiver and should be successful even though it's a lengthy process. She advised that my husband may do better to speak to an attorney in California and get advice from them and that he tries to get things done from the US. I'm going to have to sit it out here and wait. We spoke to his commander also who will organise a 30 day extension so we can have time to start the process and then we will have to try and sort somewhere for me to live. I am confident I will be able to get my job back I just feel really embarrassed about that. He is not going to be able to support me financially from the US. Our postman has been already this morning and there was nothing from the embassy. So it's just a matter of waiting and hoping for the best. I know once he's gone I probably won't see him until or if I actually get a visa...I'm fairly sure I will not be eligible for an ESTA and he won't have time or the funds to come here.
Aug 15th 2017, 1:07 pm
#17
Concierge
Joined: Apr 2001
Posts: 46,387
Re: Military Spouse visa refusal
In the meantime, you and your husband can start work on completing the Waiver of Inadmissibility in anticipation of receipt of the letter. Did the JAG attorney give you information on how to complete this for the best possible outcome?
Others here are far more familiar with this waiver than I am and will help you as much as possible.
Good luck to you and please feel free to pick the brains here in addition to using JAG and/or a private attorney in this matter.
Aug 15th 2017, 1:37 pm
#18
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Posts: 18
Re: Military Spouse visa refusal
I don't believe it will come via post but rather since you had to pay the courier fee and have been denied outright, you will receive the denial letter and your passport back via courier. Be sure to keep checking your email for any notifications.
In the meantime, you and your husband can start work on completing the Waiver of Inadmissibility in anticipation of receipt of the letter. Did the JAG attorney give you information on how to complete this for the best possible outcome?
Others here are far more familiar with this waiver than I am and will help you as much as possible.
Good luck to you and please feel free to pick the brains here in addition to using JAG and/or a private attorney in this matter.
In the meantime, you and your husband can start work on completing the Waiver of Inadmissibility in anticipation of receipt of the letter. Did the JAG attorney give you information on how to complete this for the best possible outcome?
Others here are far more familiar with this waiver than I am and will help you as much as possible.
Good luck to you and please feel free to pick the brains here in addition to using JAG and/or a private attorney in this matter.
Aug 15th 2017, 1:41 pm
#19
Crazy Cat Lady
Joined: Apr 2004
Posts: 65,493
Re: Military Spouse visa refusal
It all sounds like a horrible nightmare but I hope the good people on here and the person you saw today are right and it all gets fixed so you can join your husband as soon as it's allowed.
Aug 15th 2017, 4:56 pm
#20
BE Commentator
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,424
Re: Military Spouse visa refusal
From the information posted by OP, I can say that I see the possibility of a 212(a)(2) ground of inadmissibility. But it is not certain. Details count here. There may be a possibility that OP is NOT inadmissible. As noted, if there is a ground of inadmissibility, then it appears that a waiver would then be needed.
When I was in practice, I recall reading some AAO appellate decisions where the waiver was denied because the person was not inadmissible in the first place! [Catch-22 perhaps].
We have insufficient information to form an independent determination. And perhaps the ConOff lacks sufficient information.
When I was in practice, I recall reading some AAO appellate decisions where the waiver was denied because the person was not inadmissible in the first place! [Catch-22 perhaps].
We have insufficient information to form an independent determination. And perhaps the ConOff lacks sufficient information.
Aug 15th 2017, 8:18 pm
#21
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Re: Military Spouse visa refusal
Thank you for all your help. A reply to above post, so my husband called an attorney in the US who feels if we applied for the waiver it would be ok as the crime was so long ago. But again they need the exact reason for refusal from the embassy which I have heard nothing from. I just called the NVC again to find out if they have any further information and she has just told me that today I am showing as administrative processing and I need to speak to the embassy...but you can't speak to the embassy. When I log onto the CEAC tracker it still says updated today refused the same as it said Friday and when I called Friday they said a decision had been made and I was refused under section 212a but not which part of that...so she could not tell me the exact sub section today and again I have to wait. I'm assuming the administative processing is them sending it to the state department or preparing my documents to send back to me so hopefully I won't wait too long.
Aug 15th 2017, 11:42 pm
#22
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Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,424
Re: Military Spouse visa refusal
212(a) is the section that contains the grounds of inadmissibility.212(a)(7) can and is often used when documentation is not complete.
Aug 17th 2017, 9:08 am
#23
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Re: Military Spouse visa refusal
And that I may be eligible for a waiver
my husband has extended his time here until November. Do you advise we get an attorney to help us now? And is there any chance of getting this expedited?
Thank you
Aug 17th 2017, 10:27 am
#24
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Military Spouse visa refusal
I advise at least consulting with an attorney, yes.
Ask the attorney about expediting, perhaps because your husband is military, it might be possible, I don't know for sure.
Nice that he going to stay with you longer, but if it can't be expedited, it will probably take longer than 3 months to get the waiver approved and finish the process.
Rene
Ask the attorney about expediting, perhaps because your husband is military, it might be possible, I don't know for sure.
Nice that he going to stay with you longer, but if it can't be expedited, it will probably take longer than 3 months to get the waiver approved and finish the process.
Rene
Aug 17th 2017, 11:12 am
#25
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Joined: Aug 2017
Posts: 18
Re: Military Spouse visa refusal
I advise at least consulting with an attorney, yes.
Ask the attorney about expediting, perhaps because your husband is military, it might be possible, I don't know for sure.
Nice that he going to stay with you longer, but if it can't be expedited, it will probably take longer than 3 months to get the waiver approved and finish the process.
Rene
Ask the attorney about expediting, perhaps because your husband is military, it might be possible, I don't know for sure.
Nice that he going to stay with you longer, but if it can't be expedited, it will probably take longer than 3 months to get the waiver approved and finish the process.
Rene
Yes we understand that and I realise it isn't something that is easily achieved so I'm not going to get my hopes up, it will be worth a try though. He would like to just be here for the first part of starting the process and it will ease the financial impact on us for a little longer.
Aug 17th 2017, 12:15 pm
#26
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Re: Military Spouse visa refusal
Ian
Aug 17th 2017, 2:32 pm
#27
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Re: Military Spouse visa refusal
Thank you Ian, it is what it is and I know it's not going to be a quick process. Our current situation is just making it all that bit harder to swallow at the moment is all.
Aug 17th 2017, 2:38 pm
#28
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Re: Military Spouse visa refusal
You all have been really helpful and I appreciate all of the replies.
Regarding an attorney, do I just need someone to help with the initial putting together and filing of the 601? I can't decide whether to use an attorney here which would mean going to London (more£££) as there are none local to me...or should we use one in the US? Could everything we need be done over the phone? My husband and I are inevitably going to be separated so trying to decide what will be the best option going forward. Also I haven't had my passport or documents back yet, I'm assuming I will be best to wait for all that too?
Thanks again.
Regarding an attorney, do I just need someone to help with the initial putting together and filing of the 601? I can't decide whether to use an attorney here which would mean going to London (more£££) as there are none local to me...or should we use one in the US? Could everything we need be done over the phone? My husband and I are inevitably going to be separated so trying to decide what will be the best option going forward. Also I haven't had my passport or documents back yet, I'm assuming I will be best to wait for all that too?
Thanks again.
Aug 17th 2017, 2:48 pm
#29
Concierge
Joined: Apr 2001
Posts: 46,387
Re: Military Spouse visa refusal
As long as you have phone, fax and the ability to scan and send documents via e-mail and like, having a US attorney would be fine. Then again, you can do the same with an attorney located in London who is experienced with US immigration and waivers. You can always do a conference video call on Skype, etc.
It is my opinion only, but I wouldn't do the 601 by myself and would want the services of a competent and experienced immigration attorney handling the waiver. It needs to be worded properly.
It is my opinion only, but I wouldn't do the 601 by myself and would want the services of a competent and experienced immigration attorney handling the waiver. It needs to be worded properly.
Aug 17th 2017, 2:51 pm
#30
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Re: Military Spouse visa refusal
As long as you have phone, fax and the ability to scan and send documents via e-mail and like, having a US attorney would be fine. Then again, you can do the same with an attorney located in London who is experienced with US immigration and waivers. You can always do a conference video call on Skype, etc.
It is my opinion only, but I wouldn't do the 601 by myself and would want the services of a competent and experienced immigration attorney handling the waiver. It needs to be worded properly.
It is my opinion only, but I wouldn't do the 601 by myself and would want the services of a competent and experienced immigration attorney handling the waiver. It needs to be worded properly.