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London Visa Denial - a message from Pete

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Old Nov 20th 2002, 9:18 am
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Default London Visa Denial - a message from Pete

Hi folks,

Pete posted from a newsgroup but it's failed to appear on the expats forum so I said I'd repost for him. He and his fiancée are devastated by this experience and are hoping for helpful advice - particularly from the law experts. Thanks for reading...........

From Pete:


Yes. you read right.
There is a little light at the end of the tunnel but I need the help of
anyone that may have been in this situation.
K1 Fiancee Visa..
Approved by VSC, Interview set up at London , arrived. Medical Ok, 156
signed, DS230 II signed.
No Visa..
Please, before anyone condemns us for what I am about to say, think about
the
situation. INS drew the wrong conclusions at the POE and this is the result.

I was denied on 212(a)(6)(C)(i) which is , I think, misrepresentation at the
POE back in early sept.
I answered honestly at the POE why I was ( to help fiancee look after her
kids following a possible wrist operation) there and how long, showed my
return ticket, At that time, they said that I needed a work visa as I would
be receiving "payment" in the form of food and lodgings. In secondary
questioning, in a blind panic, heavily dosed up with anti nausea pills for
the travel and somewhat tired by both the journey and the side effect of the
pills, I also happened to mention that there was a possibility of us
getting married, and either me returning and filing for a K3 or staying and
adjusting.
I know... that wasn't the place to state that.. Bad choices..
At no point did I actually lie to the official, I volunteered the
information
and I returned, voluntarily to the UK with entries in my passport. Some may
see it as lying..I suppose it depends on your interpretation.. but whatever
, the outcome is the same.
After about 2 weeks, we filed the K1. and got approved all the way thru to
today. I included with my preliminary file, London documents all the
necessary explanations and a copy of the statement that was taken at the POE
and didn't hide anything there. We didn't hear anything to the contrary that
would cause a problem.
Till today.. 156 Signed, 230 II signed.. all docs in order, medical done.
Visa Official very was very pleasant, came to the POE bit and we even joked
about it being a very expensive day trip. He checked the passport and the
computer just to see that INS had the same information in the system as on
my Passport... Sat down.. called back up..
Blue form.. Denied under section 212(a)(6)(C)(i) .. A visa waiver IS
available. (ticked)

I spoke to the officer and asked him more about the chances of success in my
case as I had heard horror stories about the 601..I said what chance do I
have. He said a very good chance as he was going to recommend approval. What
weight he carries I don't know.. He added that its up to INS to decide
ultimately.
So .. now I have the 601 to fill in, I have to tell them again what happened
despite them having the documents already, state what hardship this is
likely to cause both here and for my fiancée to state about there.. and
then once handed back in with the $195 fee.. wait 4-6 weeks.

Any help for a totally devastated couple would be gratefully received.
 
Old Nov 20th 2002, 9:39 am
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I am so sorry to read this post, and also a little worried, i was denied at the POE when i returned with my husband from our honeymoon and sent back to the UK ( i overstayed 120days ), i was also devestated at that point and i cant remember if i said i was going to adjust or try to gain a visa while i was in the country and also i did mention to them while i was being held that both me and my husband didnt have any clue we were breaking the law or that we knew anything about the visa process, but the guy at the POE said this would have no bearing on my visa. they wrote a few numbers in my passport and sent me home, my numbers are as follows 217,4(9(1) if my visa gets denied i think that will send my husband over the edge, did they tell you they could file the 601 in london or does it have to go back to the US, good luck and im eager to see the responses to this post

dee
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Old Nov 20th 2002, 9:51 am
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Oh Crap! I am truely sorry to hear all this. My Pete is planning to come in 3 weeks for a 3 month stay since this is all taking so long. He plans to return to the UK in March to interview with the London Embassy and come back as soon as the Fiance Visa is issued. We have no intention what so ever of marrying while he is here on this trip, be just wanted to be together for the Holidays and since Pete is a landlord and rents out houses for his living in the UK we can afford to do this. He isn't planning on working here while he visits and he is not receiving food and lodging as payment since he will share in the expense from his UK income.

Let me ask you a question. When you tried to enter the country and they refused you, did you have the option of withdrawing your Tourist Visa or did they just refuse you? I don't know if that makes a difference, but I have heard that it might.

Leslie
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Old Nov 20th 2002, 10:06 am
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Originally posted by mrsstrickland
I am so sorry to read this post, and also a little worried, i was denied at the POE when i returned with my husband from our honeymoon and sent back to the UK ( i overstayed 120days ), i was also devestated at that point and i cant remember if i said i was going to adjust or try to gain a visa while i was in the country and also i did mention to them while i was being held that both me and my husband didnt have any clue we were breaking the law or that we knew anything about the visa process, but the guy at the POE said this would have no bearing on my visa. they wrote a few numbers in my passport and sent me home, my numbers are as follows 217,4(9(1) if my visa gets denied i think that will send my husband over the edge, did they tell you they could file the 601 in london or does it have to go back to the US, good luck and im eager to see the responses to this post

dee
Hi Dee..
Ok.. I have to take back the Blue form with the associated documents back to the London Embassy at any time during normal hours, no appointment necessary, and pay the fee there. From the head motioning by the Officer I was interviewed by, he motioned to the inner sanctum of the office when he mentioned INS.
So, I suspect the application will be reviewed at London with futher checks back to the USA and possibly the POE. I am at this point speculating. The room I was interviewed in did have a camera, no visible microphone so I have no idea if I was recorded.
I had a few more other than the the one mentioned but that one I think is the one they are baseing the refusal on.
I think, although I am not sure, you can email the embassy and ask them about the entries.. at least they are aware of your entries and can advise you about them.
Matt and Folinskinla will have more expert advice.

P.
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Old Nov 20th 2002, 10:18 am
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pete

when i spoke to the embassy asking if i would need a waiver, their response was if you do we can deal with it here, some reply huh..
did they give you at the POE your statement regarding your refusal, My record of sworn statement says i was ineligable for entry due to my previous overstay of 120days, that was what they officially denied me entry, but it does say further on in it, has i said on primary inspection that i was going to file for a visa, and i stupidly said yes, because i thought i had to be in the states to file for a visa, but they never put that on my statement, and i was in such a state i would of signed my life away that day, but if this is the case and we have to wait another month or so, do you need to attend another interview to collect your visa or do you not know that far, good luck
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Old Nov 20th 2002, 10:21 am
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Pete

Very sorry to learn of your results but bouyed by the comments from your interviewer. Over the years I have seen several others from the UK successfully navigate the I-601 for a variety of reasons. The I-601 will be reviewed most likely by the INS department at the US Consulate. You're lucky in that respect that it doesn't have to be sent back to the US for review.

You are also fortunate that your fiancee has children as that is a "good" reason for hardship on her part not to be able to come and reside in the U.K.

Mr. F. recommended an attorney in the U.K. that deals with US Immigration to Roger and perhaps Roger will be able to give you the name and address for a consultation if Mr. F. doesn't see your post to respond to.

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Old Nov 20th 2002, 10:27 am
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Originally posted by Scout
Oh Crap! I am truely sorry to hear all this. My Pete is planning to come in 3 weeks for a 3 month stay since this is all taking so long. He plans to return to the UK in March to interview with the London Embassy and come back as soon as the Fiance Visa is issued. We have no intention what so ever of marrying while he is here on this trip, be just wanted to be together for the Holidays and since Pete is a landlord and rents out houses for his living in the UK we can afford to do this. He isn't planning on working here while he visits and he is not receiving food and lodging as payment since he will share in the expense from his UK income.

Let me ask you a question. When you tried to enter the country and they refused you, did you have the option of withdrawing your Tourist Visa or did they just refuse you? I don't know if that makes a difference, but I have heard that it might.

Leslie
Leslie..
I was on the VWP and although I had return ticket for less than 90 days it didnt help. I had other documentation with me to indicate some of my ties to the UK but they were in my main cases which sat on the baggage collection carousell while I was being questioned. I was not asked to produce extra proof and was so frightened and tired by the experience, I just plain forgot.
I was given the option to remain and contest the decision which ment an overnight stay in detention, appearing before a judge and probable deportation and ban OR withdrawing my entry and returning home voluntarily and having to apply for a visa every time I entered the USA.

I would suggest he has as much as possible in easy reach that proves his ties to the UK. Bank statement, mortgage and rent details.. Letter from employer if relevent.
They will probably ask how he will support himself.. As far as I know, there is a limit to the amount of cash he can bring in but of course, UK credit and debit cards will be fine over there...
You basically have to prove that you will be returning to the UK..
Answer their questions truthfully because if he doesnt, it could affect entry next time. Make sure he has a round trip ticket too ..


P.
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Old Nov 20th 2002, 10:28 am
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Originally posted by Rete
Pete

Very sorry to learn of your results but bouyed by the comments from your interviewer. Over the years I have seen several others from the UK successfully navigate the I-601 for a variety of reasons. The I-601 will be reviewed most likely by the INS department at the US Consulate. You're lucky in that respect that it doesn't have to be sent back to the US for review.

You are also fortunate that your fiancee has children as that is a "good" reason for hardship on her part not to be able to come and reside in the U.K.

Mr. F. recommended an attorney in the U.K. that deals with US Immigration to Roger and perhaps Roger will be able to give you the name and address for a consultation if Mr. F. doesn't see your post to respond to.

Rete
Here is a whole List of American Attorneys in the United Kingdom

http://www.usembassy.org.uk/cons_web/acs/uk/amattorney.htm

Good Luck Pete and Dee

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Old Nov 20th 2002, 10:32 am
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I am sorry to hear your story. But you know what, you are not alone. I too, when asked told the information that I could gotten away. But that showed who I am , I am very honest. But anyway, the words from the officer is really something. I was told the same, that I would be approved after I submitted some additional documents. I also filed the i-601 and waiting for approval . Just a word of wisdom, according to my friend's letter "honesty has it's reward, life long freedom".

Please check the bulletin board of ilw.com,
we have a long thread about extreme hardship.

Good luck and God bless.
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Old Nov 20th 2002, 10:33 am
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As far as I know, there is a limit to the amount of cash he can bring in but of course, UK credit and debit cards will be fine over there...

There is no limit to the amount of money you can take into the US but anything over $10000 has to be declared to customs

Make sure he has a round trip ticket too ..

Airlines shouldn't let you on there aircraft without a return ticket if you don't have a valid immigration visa as they are responsible so your journey would end there (you would be lucky to get a travel agent to sell you one, I was in Thomas Cook on Saturday and they said that without me producing the visa they would not sell me a one way ticket)
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Old Nov 20th 2002, 10:46 am
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Originally posted by mrsstrickland
pete

when i spoke to the embassy asking if i would need a waiver, their response was if you do we can deal with it here, some reply huh..
did they give you at the POE your statement regarding your refusal, My record of sworn statement says i was ineligable for entry due to my previous overstay of 120days, that was what they officially denied me entry, but it does say further on in it, has i said on primary inspection that i was going to file for a visa, and i stupidly said yes, because i thought i had to be in the states to file for a visa, but they never put that on my statement, and i was in such a state i would of signed my life away that day, but if this is the case and we have to wait another month or so, do you need to attend another interview to collect your visa or do you not know that far, good luck

Yes.. I had a copy of my statement which only included the replies to the direct questions I was asked. I know EXACTLY how you felt.. and it is the case that you will sign almost anything for fear of the reprocussions in the future. They didnt specificallly state why I was being refused on the statement but the last question was based on misrepresentation to the primary officer.
I dont know yet, what the process is after their review.. but I will try and find out on monday when I take the papers back in..
Oh yes..
The papers..
I had to scan and send my fiancee a copy of the one which askes if she is aware of the reason for my refusal and does she wish to re-affirm her petition on my behalf. and also for her to include a statment of hardship that would be involved if I was denied entry. She also has to fill out and return page 1 of the G325A . Both have to be signed , notorised and send back to me via Fedex/mail as they require original signatures.
I have to fill in the 601, pagee 1 of my 325A and a letter stating what happened to get to this point, details relating to my rehabilitation and details of hardship to me or my family if the waiver is denied.
I am able to discuss any other aspect that would be beneficial to my waiver application.

P.
Very numb, stunned, annoyed at myself. Very very annoyed.
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Old Nov 20th 2002, 11:01 am
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thanks for all the info you have shared pete, im truly grateful, and i pray that you get it sorted out, as for my situation i dunno, i am not gonna share this info with my husband as he will really freak out, we've already been thru this hell they call immigration, and just when you seem to have it figured out something else falls in your lap, but good luck and keep us posted

dee
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Old Nov 20th 2002, 11:03 am
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Originally posted by mrsstrickland
pete

when i spoke to the embassy asking if i would need a waiver, their response was if you do we can deal with it here, some reply huh..
did they give you at the POE your statement regarding your refusal, My record of sworn statement says i was ineligable for entry due to my previous overstay of 120days, that was what they officially denied me entry, but it does say further on in it, has i said on primary inspection that i was going to file for a visa, and i stupidly said yes, because i thought i had to be in the states to file for a visa, but they never put that on my statement, and i was in such a state i would of signed my life away that day, but if this is the case and we have to wait another month or so, do you need to attend another interview to collect your visa or do you not know that far, good luck

Yes.. I had a copy of my statement which only included the replies to the direct questions I was asked. I know EXACTLY how you felt.. and it is the case that you will sign almost anything for fear of the reprocussions in the future. They didnt specificallly state why I was being refused on the statement but the last question was based on misrepresentation to the primary officer.
I dont know yet, what the process is after their review.. but I will try and find out on monday when I take the papers back in..
Oh yes..
The papers..
I had to scan and send my fiancee a copy of the one which askes if she is aware of the reason for my refusal and does she wish to re-affirm her petition on my behalf. and also for her to include a statment of hardship that would be involved if I was denied entry. She also has to fill out and return page 1 of the G325A . Both have to be signed , notorised and send back to me via Fedex/mail as they require original signatures.
I have to fill in the 601, pagee 1 of my 325A and a letter stating what happened to get to this point, details relating to my rehabilitation and details of hardship to me or my family if the waiver is denied.
I am able to discuss any other aspect that would be beneficial to my waiver application.

P.
Very numb, stunned, annoyed at myself. Very very annoyed.
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Old Nov 20th 2002, 12:41 pm
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Hi everyone, Pete F's fiancee here. Shaken and but not stirred. ;-) I have to say on a very optimistic note (not so on Tuesday but this is Wed and hey... ) we are lucky. I mean look at it... We got our approval so quicly some are still waiting, what if we had to wait as long as NSC and THEN find out it would be another 4-6 wees.. UGH... ok.. so its been 2 mo... and now another possible month.. so what. We haven't recieved a definate no. We have each other, our families, THIS LIST!!! and another answer awaiting us. We are lucky. So we probably wont be with each for this Christmas, but nothing is saying we wont have next right... So all of you who are going through this muck take a deep breath thin of how much WORSE it really really could be and be greatful that it isn't. I am happy that this experience could be helping others prepare for this possibility. DEE... PLEASE.. tell your husband.. I wish I was prepared for this possible answer knowing that it "may" happen and there would be an alternative solution. It would have made tuesday a litttle less of a blow. I am really lucky in that my wonderful fiance who I love so dearly found this list. I cannot tell all of you how much it has helped myself and Pete. Thank you so much to all of you. Im sure you will here the outcome from one or both of us. Hugs and blessings for all.
Carla
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Old Nov 20th 2002, 12:48 pm
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Originally posted by Petes Angel
Hi everyone, Pete F's fiancee here. Shaken and but not stirred. ;-) I have to say on a very optimistic note (not so on Tuesday but this is Wed and hey... ) we are lucky. I mean look at it... We got our approval so quicly some are still waiting, what if we had to wait as long as NSC and THEN find out it would be another 4-6 wees.. UGH... ok.. so its been 2 mo... and now another possible month.. so what. We haven't recieved a definate no. We have each other, our families, THIS LIST!!! and another answer awaiting us. We are lucky. So we probably wont be with each for this Christmas, but nothing is saying we wont have next right... So all of you who are going through this muck take a deep breath thin of how much WORSE it really really could be and be greatful that it isn't. I am happy that this experience could be helping others prepare for this possibility. DEE... PLEASE.. tell your husband.. I wish I was prepared for this possible answer knowing that it "may" happen and there would be an alternative solution. It would have made tuesday a litttle less of a blow. I am really lucky in that my wonderful fiance who I love so dearly found this list. I cannot tell all of you how much it has helped myself and Pete. Thank you so much to all of you. Im sure you will here the outcome from one or both of us. Hugs and blessings for all.
Carla
Carla:

I'm sorry to hear what happened. I have not seen the paperwork. But I want to give some STRONG advice -- se a lawyer. Repeat, see a lawyer. See a lawyer who is experienced in waiver work and has successfully done them. I've noted that most lawyers don't know the law and unfortunately, neither does the appeallate athority!
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