Kept apart from my children
Jul 27th 2003, 5:46 am
#1
Wales is next to England
Thread Starter
Joined: Apr 2003
Location: New Jersey (but part of Wales came with me)
Posts: 425
Kept apart from my children
When I moved here my children decided to stay in the UK with their mother. I have a very good relationship with my ex-wife and she would have supported any of my children if they had decided to move with me. In fact we started the K-2 process for my 16 year old daughter but this was abandoned as she decided to try and make her future in the UK.
My oldest two children (18 and 16) are not eligible to travel under the visa waiver scheme and so we applied for visas for them through the US Embassy in London. They travelled to London together for their interviews recently and I can't believe it but they were refused their visas on the grounds that they did not have sufficient evidence to prove that they would return to the UK.
My 18 year old son is waiting for his A Level results to see whether he can go to university and my 16 year old daughter has left school and is looking for work.
The K-1 visa process and adjustment of status is expensive and difficult enough, as you all know, and the cost of paying the visa fees and travelling expenses for my children to attend the interview was expensive as well.
There is no guarantee that the INS will issue the advance parole which I have just applied for and so I may not be able to travel to see my children and they are not allowed to see me. On top of that I am currently using my savings to support my families because I am unlikely to be able to persuade an employer to take me on while I wait for my EAD.
I have written to the Embassy asking them to reconsider the decision on a number of grounds but most importantly because I understand that the LIFE Act allows children of a US Spouse to adjust status while travelling under a non-immigrant visa so it wouldn't have mattered if they had entered the US and decided to stay anyway even though they have no intention of doing so.
Sometimes this whole process really sucks. I don't want sympathy, I just would like to be able to see some common sense in all of this because often there is none at all.
I know I left my kids back in the UK but I never had any intention of abandoning them and not seeing them again!
John and Cindy
My oldest two children (18 and 16) are not eligible to travel under the visa waiver scheme and so we applied for visas for them through the US Embassy in London. They travelled to London together for their interviews recently and I can't believe it but they were refused their visas on the grounds that they did not have sufficient evidence to prove that they would return to the UK.
My 18 year old son is waiting for his A Level results to see whether he can go to university and my 16 year old daughter has left school and is looking for work.
The K-1 visa process and adjustment of status is expensive and difficult enough, as you all know, and the cost of paying the visa fees and travelling expenses for my children to attend the interview was expensive as well.
There is no guarantee that the INS will issue the advance parole which I have just applied for and so I may not be able to travel to see my children and they are not allowed to see me. On top of that I am currently using my savings to support my families because I am unlikely to be able to persuade an employer to take me on while I wait for my EAD.
I have written to the Embassy asking them to reconsider the decision on a number of grounds but most importantly because I understand that the LIFE Act allows children of a US Spouse to adjust status while travelling under a non-immigrant visa so it wouldn't have mattered if they had entered the US and decided to stay anyway even though they have no intention of doing so.
Sometimes this whole process really sucks. I don't want sympathy, I just would like to be able to see some common sense in all of this because often there is none at all.
I know I left my kids back in the UK but I never had any intention of abandoning them and not seeing them again!
John and Cindy
Jul 27th 2003, 11:49 pm
#2
Forum Regular
Joined: Nov 2002
Location: UK
Posts: 204
Re: Kept apart from my children
Originally posted by Gasherjohn
When I moved here my children decided to stay in the UK with their mother. I have a very good relationship with my ex-wife and she would have supported any of my children if they had decided to move with me. In fact we started the K-2 process for my 16 year old daughter but this was abandoned as she decided to try and make her future in the UK.
My oldest two children (18 and 16) are not eligible to travel under the visa waiver scheme and so we applied for visas for them through the US Embassy in London. They travelled to London together for their interviews recently and I can't believe it but they were refused their visas on the grounds that they did not have sufficient evidence to prove that they would return to the UK.
My 18 year old son is waiting for his A Level results to see whether he can go to university and my 16 year old daughter has left school and is looking for work.
The K-1 visa process and adjustment of status is expensive and difficult enough, as you all know, and the cost of paying the visa fees and travelling expenses for my children to attend the interview was expensive as well.
There is no guarantee that the INS will issue the advance parole which I have just applied for and so I may not be able to travel to see my children and they are not allowed to see me. On top of that I am currently using my savings to support my families because I am unlikely to be able to persuade an employer to take me on while I wait for my EAD.
I have written to the Embassy asking them to reconsider the decision on a number of grounds but most importantly because I understand that the LIFE Act allows children of a US Spouse to adjust status while travelling under a non-immigrant visa so it wouldn't have mattered if they had entered the US and decided to stay anyway even though they have no intention of doing so.
Sometimes this whole process really sucks. I don't want sympathy, I just would like to be able to see some common sense in all of this because often there is none at all.
I know I left my kids back in the UK but I never had any intention of abandoning them and not seeing them again!
John and Cindy
When I moved here my children decided to stay in the UK with their mother. I have a very good relationship with my ex-wife and she would have supported any of my children if they had decided to move with me. In fact we started the K-2 process for my 16 year old daughter but this was abandoned as she decided to try and make her future in the UK.
My oldest two children (18 and 16) are not eligible to travel under the visa waiver scheme and so we applied for visas for them through the US Embassy in London. They travelled to London together for their interviews recently and I can't believe it but they were refused their visas on the grounds that they did not have sufficient evidence to prove that they would return to the UK.
My 18 year old son is waiting for his A Level results to see whether he can go to university and my 16 year old daughter has left school and is looking for work.
The K-1 visa process and adjustment of status is expensive and difficult enough, as you all know, and the cost of paying the visa fees and travelling expenses for my children to attend the interview was expensive as well.
There is no guarantee that the INS will issue the advance parole which I have just applied for and so I may not be able to travel to see my children and they are not allowed to see me. On top of that I am currently using my savings to support my families because I am unlikely to be able to persuade an employer to take me on while I wait for my EAD.
I have written to the Embassy asking them to reconsider the decision on a number of grounds but most importantly because I understand that the LIFE Act allows children of a US Spouse to adjust status while travelling under a non-immigrant visa so it wouldn't have mattered if they had entered the US and decided to stay anyway even though they have no intention of doing so.
Sometimes this whole process really sucks. I don't want sympathy, I just would like to be able to see some common sense in all of this because often there is none at all.
I know I left my kids back in the UK but I never had any intention of abandoning them and not seeing them again!
John and Cindy
Hi...I am sorry about your situation. Can you tell me why they cannot travel on a visa waiver?
When they went for the interview did they take evidence of their ties to the UK?
Did your son get offers from Universities that he could have shown them?
Did your ex wife write a letter saying that they live with her and that she was expecting them to return?
Did they take in the original abandoned petition for the K-2?
I am sorry I don't know any answers to your questions maybe one of the specialists might offer some advice.
I know you said you wasn't looking for sympathy but it must be difficult for you and I hope that it all works out in the end for you and your kids....sometimes I cannot believe the sacrifices people have to make just because they fell in love.Isn't it a human right to be able to see your kids?
Good luck and keep us up to date with this,
Julie
Jul 28th 2003, 12:50 am
#3
Wales is next to England
Thread Starter
Joined: Apr 2003
Location: New Jersey (but part of Wales came with me)
Posts: 425
Thanks for your comments Julie.
My two elder children couldn't travel under the visa waiver scheme as they had both been arrested under separate silly incidents for which one received a caution and the other a reprimand. My son said that wasn't an issue with the consular officer though and I think he was able to tell that they aren't bad children. When we are young I think we all do things we regret and I know they both feel that way.
Seeing you ask the questions about evidence of their ties to home makes me realise that they could have been a little better prepared but to be truthful I didn't think it would be a problem at the embassy since I understood that each admission to the USA was at the discretion of the Immigration Officer at the POE and they would need the evidence at that point. We were hoping for the visas to be issued for up to 10 years so their circumstances each time would be different.
My son gave me the impression that the consular officer would have wanted something extremely concrete such as evidence of actually doing the university course or of having employment and neither of those were available at the present time but they should be by the time they travel.
The ironic thing, as I mentioned in my last post, is that it seems to me that my children would have the right to adjust status from a non-immigrant visa under the LIFE Act. Is that another case of giving with the right hand and taking away with the left?
I apologise for the rant but I just want to be able to see my children as often as possible. I hope I will be granted the advance parole to travel to see them before AOS but my wife and I would like them to be able to visit here occasionally, particularly as they will have more spare time than we will. We both feel that they need to see their father in his new home and that it will broaden their horizons to be able to see the American way of life sometimes.
This forum is for sharing, I have shared our good times ..... this is one of the bad!!!
My two elder children couldn't travel under the visa waiver scheme as they had both been arrested under separate silly incidents for which one received a caution and the other a reprimand. My son said that wasn't an issue with the consular officer though and I think he was able to tell that they aren't bad children. When we are young I think we all do things we regret and I know they both feel that way.
Seeing you ask the questions about evidence of their ties to home makes me realise that they could have been a little better prepared but to be truthful I didn't think it would be a problem at the embassy since I understood that each admission to the USA was at the discretion of the Immigration Officer at the POE and they would need the evidence at that point. We were hoping for the visas to be issued for up to 10 years so their circumstances each time would be different.
My son gave me the impression that the consular officer would have wanted something extremely concrete such as evidence of actually doing the university course or of having employment and neither of those were available at the present time but they should be by the time they travel.
The ironic thing, as I mentioned in my last post, is that it seems to me that my children would have the right to adjust status from a non-immigrant visa under the LIFE Act. Is that another case of giving with the right hand and taking away with the left?
I apologise for the rant but I just want to be able to see my children as often as possible. I hope I will be granted the advance parole to travel to see them before AOS but my wife and I would like them to be able to visit here occasionally, particularly as they will have more spare time than we will. We both feel that they need to see their father in his new home and that it will broaden their horizons to be able to see the American way of life sometimes.
This forum is for sharing, I have shared our good times ..... this is one of the bad!!!
Last edited by Gasherjohn; Jul 28th 2003 at 12:58 am.
Jul 28th 2003, 1:46 am
#4
Forum Regular
Joined: Nov 2002
Location: UK
Posts: 204
Originally posted by Gasherjohn
Thanks for your comments Julie.
My two elder children couldn't travel under the visa waiver scheme as they had both been arrested under separate silly incidents for which one received a caution and the other a reprimand. My son said that wasn't an issue with the consular officer though and I think he was able to tell that they aren't bad children. When we are young I think we all do things we regret and I know they both feel that way.
Seeing you ask the questions about evidence of their ties to home makes me realise that they could have been a little better prepared but to be truthful I didn't think it would be a problem at the embassy since I understood that each admission to the USA was at the discretion of the Immigration Officer at the POE and they would need the evidence at that point. We were hoping for the visas to be issued for up to 10 years so their circumstances each time would be different.
My son gave me the impression that the consular officer would have wanted something extremely concrete such as evidence of actually doing the university course or of having employment and neither of those were available at the present time but they should be by the time they travel.
The ironic thing, as I mentioned in my last post, is that it seems to me that my children would have the right to adjust status from a non-immigrant visa under the LIFE Act. Is that another case of giving with the right hand and taking away with the left?
I apologise for the rant but I just want to be able to see my children as often as possible. I hope I will be granted the advance parole to travel to see them before AOS but my wife and I would like them to be able to visit here occasionally, particularly as they will have more spare time than we will. We both feel that they need to see their father in his new home and that it will broaden their horizons to be able to see the American way of life sometimes.
This forum is for sharing, I have shared our good times ..... this is one of the bad!!!
Thanks for your comments Julie.
My two elder children couldn't travel under the visa waiver scheme as they had both been arrested under separate silly incidents for which one received a caution and the other a reprimand. My son said that wasn't an issue with the consular officer though and I think he was able to tell that they aren't bad children. When we are young I think we all do things we regret and I know they both feel that way.
Seeing you ask the questions about evidence of their ties to home makes me realise that they could have been a little better prepared but to be truthful I didn't think it would be a problem at the embassy since I understood that each admission to the USA was at the discretion of the Immigration Officer at the POE and they would need the evidence at that point. We were hoping for the visas to be issued for up to 10 years so their circumstances each time would be different.
My son gave me the impression that the consular officer would have wanted something extremely concrete such as evidence of actually doing the university course or of having employment and neither of those were available at the present time but they should be by the time they travel.
The ironic thing, as I mentioned in my last post, is that it seems to me that my children would have the right to adjust status from a non-immigrant visa under the LIFE Act. Is that another case of giving with the right hand and taking away with the left?
I apologise for the rant but I just want to be able to see my children as often as possible. I hope I will be granted the advance parole to travel to see them before AOS but my wife and I would like them to be able to visit here occasionally, particularly as they will have more spare time than we will. We both feel that they need to see their father in his new home and that it will broaden their horizons to be able to see the American way of life sometimes.
This forum is for sharing, I have shared our good times ..... this is one of the bad!!!
Yes it is true we do silly things at times...I am not young but still do silly things!
Please don't apologise for 'ranting' You have a genuine problem here and I hope it turns out ok.
Could you appeal the decision and supply that evidence that they would return to the UK?
I know the Embassy folks in London are very nice and are only doing this 'by the book' as indeed they should but I think that if you can get as much evidence as possible that they will return home they may still stand a chance.
Maybe when you re-apply your son may be in Uni..and your daughter will be in work so that surely would help?
Did the officer say if they would need waivers for the past 'incidents'? or did they not go into that at all?
I am sure your AP will be ok and you will be able to visit them..in the mean time try to get them to gather as much as they can so they can visit...do they have bank accounts there? will your wife write a letter for them? etc..think of anything and everything!
P.S...I'm not sure that mentioning the fact that they could 'stay anyway' would be a good idea as they might 'think' that you intend that to happen...even though you don't ...if you see what I mean??
Just my thoughts ...as I said maybe one of the nice 'legal eagles' can shed a little more light for you!
Take care and keep your chin up.
Julie
Jul 28th 2003, 1:46 am
#5
Concierge
Joined: Apr 2001
Posts: 46,477
Originally posted by Gasherjohn
The ironic thing, as I mentioned in my last post, is that it seems to me that my children would have the right to adjust status from a non-immigrant visa under the LIFE Act. Is that another case of giving with the right hand and taking away with the left?
The ironic thing, as I mentioned in my last post, is that it seems to me that my children would have the right to adjust status from a non-immigrant visa under the LIFE Act. Is that another case of giving with the right hand and taking away with the left?
I noticed your comment on this earlier and again now and wonder why you think this would be a reason FOR the US Consulate to grant a tourist visa to your children. In my opinion, the ease of their being able to adjust status based on their step-mother's US Citizenship while they are visiting you in the States, would be a detriment to their obtaining a non-immigration visa such as a B-2 rather than a case for the issuance of one.
Actually they are free to adjust status on the above as long as your marriage occurred prior to their 18th birthday and they were just visiting the US under the VWP.
I'm confused as to your thinking or perhaps I'm just not picking up something that is obvious that you can see and that I can't.
Rete
Jul 28th 2003, 2:45 am
#6
Guest
Posts: n/a
Re: Kept apart from my children
"julieb" wrote:
> > The ironic thing, as I mentioned in my last post, is that it seems to
> > me that my children would have the right to adjust status from a non-
> > immigrant visa under the LIFE Act. Is that another case of giving with
> > the right hand and taking away with the left?
I (like Rita) wasn't going to comment on this initially but I think it needs
to be clarified:
1. The LIFE act didn't introduce this - it was already in place.
2. Unfortunately your status in the US makes it harder not easier for them
to get visas because the presumption is that because they could adjust
status based on your marriage to a US citizen, they will actually do so.
Now, the law is a bit tricky here but what it boils down to is that every
non-immigrant is assumed to be an *immigrant* and will only be given a
non-immigrant visa and/or admitted to the US if there is reason to believe
they are, in fact, a non-immigrant. Once in the US they could (potentially)
adjust status even after that.
When there is a relationship with somebody in the US that strengthens the
belief that they are, in fact, an immigrant that raises the bar higher.
It's unfortunate that they cannot use the visa waiver because in practice
thousands of kids every year use that to enter the US to see their parents
without any problems.
I'm not sure what you can do except having them much better prepared. Before
they go to university / have a job that could be tricky. Every once in a
while, if you could find an avenue for this, a public forum (e.g. the media)
can make a story like this jump out until a consulate agrees to "take
another look". But the chances of even getting the story to the media (in
the UK) are rather remote, probably.
Andy.
--
I'm not really here - it's just your warped imagination.
> >
> > I apologise for the rant but I just want to be able to see my children
> > as often as possible. I hope I will be granted the advance parole to
> > travel to see them before AOS but my wife and I would like them to be
> > able to visit here occasionally, particularly as they will have more
> > spare time than we will. We both feel that they need to see their
> > father in his new home and that it will broaden their horizons to be
> > able to see the American way of life sometimes.
> >
> > This forum is for sharing, I have shared our good times ..... this is
> > one of the bad!!!
> Hi
> Yes it is true we do silly things at times...I am not young but still do
> silly things!
> Please don't apologise for 'ranting' You have a genuine problem here and
> I hope it turns out ok.
> Could you appeal the decision and supply that evidence that they would
> return to the UK?
> I know the Embassy folks in London are very nice and are only doing this
> 'by the book' as indeed they should but I think that if you can get as
> much evidence as possible that they will return home they may still
> stand a chance.
> Maybe when you re-apply your son may be in Uni..and your daughter will
> be in work so that surely would help?
> Did the officer say if they would need waivers for the past 'incidents'?
> or did they not go into that at all?
> I am sure your AP will be ok and you will be able to visit them..in the
> mean time try to get them to gather as much as they can so they can
> visit...do they have bank accounts there? will your wife write a letter
> for them? etc..think of anything and everything!
> P.S...I'm not sure that mentioning the fact that they could 'stay
> anyway' would be a good idea as they might 'think' that you intend
> that to happen...even though you don't ...if you see what I mean??
> Just my thoughts ...as I said maybe one of the nice 'legal eagles' can
> shed a little more light for you!
> Take care and keep your chin up.
> Julie
> --
> Posted via http://britishexpats.com
> > The ironic thing, as I mentioned in my last post, is that it seems to
> > me that my children would have the right to adjust status from a non-
> > immigrant visa under the LIFE Act. Is that another case of giving with
> > the right hand and taking away with the left?
I (like Rita) wasn't going to comment on this initially but I think it needs
to be clarified:
1. The LIFE act didn't introduce this - it was already in place.
2. Unfortunately your status in the US makes it harder not easier for them
to get visas because the presumption is that because they could adjust
status based on your marriage to a US citizen, they will actually do so.
Now, the law is a bit tricky here but what it boils down to is that every
non-immigrant is assumed to be an *immigrant* and will only be given a
non-immigrant visa and/or admitted to the US if there is reason to believe
they are, in fact, a non-immigrant. Once in the US they could (potentially)
adjust status even after that.
When there is a relationship with somebody in the US that strengthens the
belief that they are, in fact, an immigrant that raises the bar higher.
It's unfortunate that they cannot use the visa waiver because in practice
thousands of kids every year use that to enter the US to see their parents
without any problems.
I'm not sure what you can do except having them much better prepared. Before
they go to university / have a job that could be tricky. Every once in a
while, if you could find an avenue for this, a public forum (e.g. the media)
can make a story like this jump out until a consulate agrees to "take
another look". But the chances of even getting the story to the media (in
the UK) are rather remote, probably.
Andy.
--
I'm not really here - it's just your warped imagination.
> >
> > I apologise for the rant but I just want to be able to see my children
> > as often as possible. I hope I will be granted the advance parole to
> > travel to see them before AOS but my wife and I would like them to be
> > able to visit here occasionally, particularly as they will have more
> > spare time than we will. We both feel that they need to see their
> > father in his new home and that it will broaden their horizons to be
> > able to see the American way of life sometimes.
> >
> > This forum is for sharing, I have shared our good times ..... this is
> > one of the bad!!!
> Hi
> Yes it is true we do silly things at times...I am not young but still do
> silly things!
> Please don't apologise for 'ranting' You have a genuine problem here and
> I hope it turns out ok.
> Could you appeal the decision and supply that evidence that they would
> return to the UK?
> I know the Embassy folks in London are very nice and are only doing this
> 'by the book' as indeed they should but I think that if you can get as
> much evidence as possible that they will return home they may still
> stand a chance.
> Maybe when you re-apply your son may be in Uni..and your daughter will
> be in work so that surely would help?
> Did the officer say if they would need waivers for the past 'incidents'?
> or did they not go into that at all?
> I am sure your AP will be ok and you will be able to visit them..in the
> mean time try to get them to gather as much as they can so they can
> visit...do they have bank accounts there? will your wife write a letter
> for them? etc..think of anything and everything!
> P.S...I'm not sure that mentioning the fact that they could 'stay
> anyway' would be a good idea as they might 'think' that you intend
> that to happen...even though you don't ...if you see what I mean??
> Just my thoughts ...as I said maybe one of the nice 'legal eagles' can
> shed a little more light for you!
> Take care and keep your chin up.
> Julie
> --
> Posted via http://britishexpats.com
Jul 28th 2003, 2:47 am
#7
Wales is next to England
Thread Starter
Joined: Apr 2003
Location: New Jersey (but part of Wales came with me)
Posts: 425
Darn it..... I just spent ages typing a reply and then I dropped my intellimouse on the back button and everything was lost!!! Now what did I say again?
Thanks to both of you for your comments.
Rete, I think in my naivety it just seemed to me that the object of the LIFE Act was to keep families together and that being able to adjust status under a non-immigrant visa should not be a reason not to give one. (How are you btw?)
My son had turned 18 by the time we married so I realise now that he would not have been eligible to adjust status anyway. Julie, I only mentioned this because of the irony of it all. My kids don't want to stay over here but if they did we would start the K-4 process for them (I assume it would be K-4 now we are married rather than K-2)
The consular officer did say that they could re-apply later but each application costs and arm and a leg in premium rate calls, travelling and visa fees on top of the cost of the process for me already. It could be that I will not be able to afford to pay their air fares by the time they are allowed to come here anyway!
We have written to the US Embassy asking them to reconsider. I hope they will but it worries me that if they have to apply again then they will have to state that they have been turned down for a visa before and their records may show that they intended to stay when in fact they did not!
As for travelling under a visa waiver, I made a couple of calls to the US Embassy premium rate line about this and I was clearly told that they should not travel without a visa. We didn't want to take a chance that something would show up at the POE. Had they been allowed to travel without a visa then they could have taken more evidence that they intended to return and none of this would have occurred.
All of this makes it sound like I am a whinger. I have been quite forthcoming in previous posts about the fact that I am apparently able to work but don't have the paperwork to prove it to an employer (is the receipt for an EAD application enough?) but I am just a father who actually still loves his kids and would like to be able to see them occasionally!
I think that was all that I said before I dropped the mouse. I have been copying it as I wrote it this time just in case
Thanks to both of you for your comments.
Rete, I think in my naivety it just seemed to me that the object of the LIFE Act was to keep families together and that being able to adjust status under a non-immigrant visa should not be a reason not to give one. (How are you btw?)
My son had turned 18 by the time we married so I realise now that he would not have been eligible to adjust status anyway. Julie, I only mentioned this because of the irony of it all. My kids don't want to stay over here but if they did we would start the K-4 process for them (I assume it would be K-4 now we are married rather than K-2)
The consular officer did say that they could re-apply later but each application costs and arm and a leg in premium rate calls, travelling and visa fees on top of the cost of the process for me already. It could be that I will not be able to afford to pay their air fares by the time they are allowed to come here anyway!
We have written to the US Embassy asking them to reconsider. I hope they will but it worries me that if they have to apply again then they will have to state that they have been turned down for a visa before and their records may show that they intended to stay when in fact they did not!
As for travelling under a visa waiver, I made a couple of calls to the US Embassy premium rate line about this and I was clearly told that they should not travel without a visa. We didn't want to take a chance that something would show up at the POE. Had they been allowed to travel without a visa then they could have taken more evidence that they intended to return and none of this would have occurred.
All of this makes it sound like I am a whinger. I have been quite forthcoming in previous posts about the fact that I am apparently able to work but don't have the paperwork to prove it to an employer (is the receipt for an EAD application enough?) but I am just a father who actually still loves his kids and would like to be able to see them occasionally!
I think that was all that I said before I dropped the mouse. I have been copying it as I wrote it this time just in case
Last edited by Gasherjohn; Jul 28th 2003 at 2:51 am.
Jul 28th 2003, 3:19 am
#8
Wales is next to England
Thread Starter
Joined: Apr 2003
Location: New Jersey (but part of Wales came with me)
Posts: 425
Thanks Andy, your reply was posted in between my mouse dropping episode but I see your point.
None of you have replied to my suggestion that it is ultimately up to the Immigration Officer at the POE to make the decision to admit or not to admit. Surely peoples circumstances change during the course of a visa issued over a long term and what may be clear cut now might not be the case in a year or two's time.
Supposing my son was already in university, the consular officer could have been happy to have issued the visa now but in three years time my son might have finished his further education and decided to come and live with me. This is an example of how things can change both ways so admission has to be decided at the POE doesn't it?
None of this discussion solves my problem of course but talking about it helps.... so thanks all!
None of you have replied to my suggestion that it is ultimately up to the Immigration Officer at the POE to make the decision to admit or not to admit. Surely peoples circumstances change during the course of a visa issued over a long term and what may be clear cut now might not be the case in a year or two's time.
Supposing my son was already in university, the consular officer could have been happy to have issued the visa now but in three years time my son might have finished his further education and decided to come and live with me. This is an example of how things can change both ways so admission has to be decided at the POE doesn't it?
None of this discussion solves my problem of course but talking about it helps.... so thanks all!
Jul 28th 2003, 3:25 am
#9
Forum Regular
Joined: Nov 2002
Location: UK
Posts: 204
Originally posted by Gasherjohn
Darn it..... I just spent ages typing a reply and then I dropped my intellimouse on the back button and everything was lost!!! Now what did I say again?
Thanks to both of you for your comments.
Rete, I think in my naivety it just seemed to me that the object of the LIFE Act was to keep families together and that being able to adjust status under a non-immigrant visa should not be a reason not to give one. (How are you btw?)
My son had turned 18 by the time we married so I realise now that he would not have been eligible to adjust status anyway. Julie, I only mentioned this because of the irony of it all. My kids don't want to stay over here but if they did we would start the K-4 process for them (I assume it would be K-4 now we are married rather than K-2)
The consular officer did say that they could re-apply later but each application costs and arm and a leg in premium rate calls, travelling and visa fees on top of the cost of the process for me already. It could be that I will not be able to afford to pay their air fares by the time they are allowed to come here anyway!
We have written to the US Embassy asking them to reconsider. I hope they will but it worries me that if they have to apply again then they will have to state that they have been turned down for a visa before and their records may show that they intended to stay when in fact they did not!
As for travelling under a visa waiver, I made a couple of calls to the US Embassy premium rate line about this and I was clearly told that they should not travel without a visa. We didn't want to take a chance that something would show up at the POE. Had they been allowed to travel without a visa then they could have taken more evidence that they intended to return and none of this would have occurred.
All of this makes it sound like I am a whinger. I have been quite forthcoming in previous posts about the fact that I am apparently able to work but don't have the paperwork to prove it to an employer (is the receipt for an EAD application enough?) but I am just a father who actually still loves his kids and would like to be able to see them occasionally!
I think that was all that I said before I dropped the mouse. I have been copying it as I wrote it this time just in case
Darn it..... I just spent ages typing a reply and then I dropped my intellimouse on the back button and everything was lost!!! Now what did I say again?
Thanks to both of you for your comments.
Rete, I think in my naivety it just seemed to me that the object of the LIFE Act was to keep families together and that being able to adjust status under a non-immigrant visa should not be a reason not to give one. (How are you btw?)
My son had turned 18 by the time we married so I realise now that he would not have been eligible to adjust status anyway. Julie, I only mentioned this because of the irony of it all. My kids don't want to stay over here but if they did we would start the K-4 process for them (I assume it would be K-4 now we are married rather than K-2)
The consular officer did say that they could re-apply later but each application costs and arm and a leg in premium rate calls, travelling and visa fees on top of the cost of the process for me already. It could be that I will not be able to afford to pay their air fares by the time they are allowed to come here anyway!
We have written to the US Embassy asking them to reconsider. I hope they will but it worries me that if they have to apply again then they will have to state that they have been turned down for a visa before and their records may show that they intended to stay when in fact they did not!
As for travelling under a visa waiver, I made a couple of calls to the US Embassy premium rate line about this and I was clearly told that they should not travel without a visa. We didn't want to take a chance that something would show up at the POE. Had they been allowed to travel without a visa then they could have taken more evidence that they intended to return and none of this would have occurred.
All of this makes it sound like I am a whinger. I have been quite forthcoming in previous posts about the fact that I am apparently able to work but don't have the paperwork to prove it to an employer (is the receipt for an EAD application enough?) but I am just a father who actually still loves his kids and would like to be able to see them occasionally!
I think that was all that I said before I dropped the mouse. I have been copying it as I wrote it this time just in case
NO YOU ARE NOT A WHINGER!! You are a loving father and your kids are lucky to have a Dad that cares about them!
On the EAD front...I don't know the answer ....maybe you can apply for jobs and explain at the interview you are awaiting your EAD?
I am trying to find out about self employment on K3 but get no replies..I can't believe no one else has ever done this!...I feel I am whinging about that as no one bothers to reply!
It is a forum and if you don't ask...then people can't help...so just keep on asking and searching...it is why it is here...(I think?)
Anyway I am sure it will all come out in the wash mate!
By the way you could take up mouse juggling as a career!!
Julie
Jul 28th 2003, 3:38 am
#10
Wales is next to England
Thread Starter
Joined: Apr 2003
Location: New Jersey (but part of Wales came with me)
Posts: 425
OT - Mouse juggling
Thanks for the suggestion Julie.... but I dropped the mouse remember?
Jul 28th 2003, 3:39 am
#11
Concierge
Joined: Apr 2001
Posts: 46,477
Originally posted by Gasherjohn
All of this makes it sound like I am a whinger. I have been quite forthcoming in previous posts about the fact that I am apparently able to work but don't have the paperwork to prove it to an employer (is the receipt for an EAD application enough?) but I am just a father who actually still loves his kids and would like to be able to see them occasionally!
I think that was all that I said before I dropped the mouse. I have been copying it as I wrote it this time just in case
All of this makes it sound like I am a whinger. I have been quite forthcoming in previous posts about the fact that I am apparently able to work but don't have the paperwork to prove it to an employer (is the receipt for an EAD application enough?) but I am just a father who actually still loves his kids and would like to be able to see them occasionally!
I think that was all that I said before I dropped the mouse. I have been copying it as I wrote it this time just in case
Nope, I don't view you as a whiner. I see you as a father who would like to see his children as often as transatlantic visiting will allow.
As for your thought of a K-4 for them, I don't believe this is possible as a K-3 is needed to pin the K-4 on. I'm not up todate on K-3 visas so hopefully someone with experience with them can answer that. I assumed that as a K-1 recipient, your younger children had up to a year from the date of your K-1 issuance to follow you with a K-2. After the year, they would have to wait out the I-130 processing at the service center and NVC and then interview at the US Consulate in London.
Here's hoping that you get your one year EAD soon, a full time well paying job shortly afterwards and that A/P follows on the heels of the EAD so that you can visit the kids in the UK or wherever. Also employment will allow you to pay for another shot a B-2 for them when they have more "evidence" of their ties to their homeland.
Rete
Jul 28th 2003, 4:23 am
#12
Guest
Posts: n/a
Re: Kept apart from my children
"Gasherjohn" wrote in message
news:[email protected]...
> Thanks Andy, your reply was posted in between my mouse dropping episode
> but I see your point.
> None of you have replied to my suggestion that it is ultimately up to
> the Immigration Officer at the POE to make the decision to admit or not
> to admit. Surely peoples circumstances change during the course of a
> visa issued over a long term and what may be clear cut now might not be
> the case in a year or two's time.
That's true, however I think it's irrelevant. Yes, the POE can ultimately
deny entry to someone who has a valid visa but surely it is best to not
issue a visa in the first place if this is a likely occurrence. FWIW, the UK
has recently changed it's position on visas a little to more or less
guarantee entry to someone holding a valid visa putting the brunt of the
checking on the issuance side. This seems to me to be a much better system -
yes it's expensive to apply for a visa but it's a hell of a lot cheaper than
the plane ticket!
Andy.
--
I'm not really here - it's just your warped imagination.
news:[email protected]...
> Thanks Andy, your reply was posted in between my mouse dropping episode
> but I see your point.
> None of you have replied to my suggestion that it is ultimately up to
> the Immigration Officer at the POE to make the decision to admit or not
> to admit. Surely peoples circumstances change during the course of a
> visa issued over a long term and what may be clear cut now might not be
> the case in a year or two's time.
That's true, however I think it's irrelevant. Yes, the POE can ultimately
deny entry to someone who has a valid visa but surely it is best to not
issue a visa in the first place if this is a likely occurrence. FWIW, the UK
has recently changed it's position on visas a little to more or less
guarantee entry to someone holding a valid visa putting the brunt of the
checking on the issuance side. This seems to me to be a much better system -
yes it's expensive to apply for a visa but it's a hell of a lot cheaper than
the plane ticket!
Andy.
--
I'm not really here - it's just your warped imagination.
Jul 28th 2003, 5:16 am
#13
Forum Regular
Joined: Nov 2002
Location: UK
Posts: 204
Re: OT - Mouse juggling
Originally posted by Gasherjohn
Thanks for the suggestion Julie.... but I dropped the mouse remember?
Thanks for the suggestion Julie.... but I dropped the mouse remember?
Jul 28th 2003, 5:41 am
#14
BE Enthusiast
Joined: Jan 2003
Location: PA - Philadelphia DO
Posts: 460
visiting
My son had turned 18 by the time we married so I realise now that he would not have been eligible to adjust status anyway. Julie, I only mentioned this because of the irony of it all. My kids don't want to stay over here but if they did we would start the K-4 process for them (I assume it would be K-4 now we are married rather than K-2)
I agree that you are not a whiner, and I agree that the K-4 is probably no longer an option. If they want to come to stay, your spouse can file for the 16 year old as her immediate relative. I am not sure the same option exists for a child who turned 18 before the marriage took place.
The consular officer did say that they could re-apply later but each application costs and arm and a leg in premium rate calls, travelling and visa fees on top of the cost of the process for me already. It could be that I will not be able to afford to pay their air fares by the time they are allowed to come here anyway!
This is exactly why we didn't try for visitor visas for my husband's kids. We assumed that the presence of a parent in the US, compared to the standard of living at home with their mom, would cause a denial of the visitor visas. Now, all parents and kids are debating whether to make the big leap to live here, versus having Daddy come visit repeatedly. Advanced Parole would seem to be your best bet for seeing them. They may be able to see the US if they do a bangup job of documenting their ties to their home country. I think they would have a much better chance once enrolled in university and working at a regular job. If they are in transition anyway, options that present themselves in the US are easier to exercise.
Good luck!
I agree that you are not a whiner, and I agree that the K-4 is probably no longer an option. If they want to come to stay, your spouse can file for the 16 year old as her immediate relative. I am not sure the same option exists for a child who turned 18 before the marriage took place.
The consular officer did say that they could re-apply later but each application costs and arm and a leg in premium rate calls, travelling and visa fees on top of the cost of the process for me already. It could be that I will not be able to afford to pay their air fares by the time they are allowed to come here anyway!
This is exactly why we didn't try for visitor visas for my husband's kids. We assumed that the presence of a parent in the US, compared to the standard of living at home with their mom, would cause a denial of the visitor visas. Now, all parents and kids are debating whether to make the big leap to live here, versus having Daddy come visit repeatedly. Advanced Parole would seem to be your best bet for seeing them. They may be able to see the US if they do a bangup job of documenting their ties to their home country. I think they would have a much better chance once enrolled in university and working at a regular job. If they are in transition anyway, options that present themselves in the US are easier to exercise.
Good luck!
Jul 28th 2003, 6:10 am
#15
Wales is next to England
Thread Starter
Joined: Apr 2003
Location: New Jersey (but part of Wales came with me)
Posts: 425
I always thought that in US and UK law you were innocent until proven guilty so why is there a presumption that my kids will jump ship when they come to visit?
Having said that, the local news media have recently been reporting an incident where a man was found to be driving an apparently stolen car, and who ran away after being chased by police, was killed after apparently being shot 39 times and he didn't have a weapon (well the newspaper said the police haven't found one yet)
I know he shouldn't have been in an apparently stolen car and I know he shouldn't have apparently run away and I know I may not have all of the facts in the case but also, perhaps I was wrong in thinking that you had to be proven guilty in the eyes of the law!
Maybe I am just getting cynically in my maturing years. (Hence the numerous uses of the word "apparently")
Having said that, the local news media have recently been reporting an incident where a man was found to be driving an apparently stolen car, and who ran away after being chased by police, was killed after apparently being shot 39 times and he didn't have a weapon (well the newspaper said the police haven't found one yet)
I know he shouldn't have been in an apparently stolen car and I know he shouldn't have apparently run away and I know I may not have all of the facts in the case but also, perhaps I was wrong in thinking that you had to be proven guilty in the eyes of the law!
Maybe I am just getting cynically in my maturing years. (Hence the numerous uses of the word "apparently")
Last edited by Gasherjohn; Jul 28th 2003 at 6:15 am.
