Military Spouse visa refusal
#1
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Joined: Aug 2017
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Military Spouse visa refusal
I'm really in need of advice, I'm a British spouse of a US serviceman with orders to PCS to the US. We are supposed to go on the 13th September. Our household goods have gone, I have quit my full time job and handed in notice of the classes I teach. My visa was refused under section 212a although I don't know which subsection yet. The CEAC website just says refused and when I phoned that's all they told me. I have a conviction from when I was 18, I'm now 36. He didn't ask me any questions at interview I was just asked to submit a W2 and give permission to speak to ACRO. I have a caution as well from the same time which I had forgotten about. So I suspect this is being counted as a conviction, they both come under crimes of moral turpitude. I just wish he'd asked me the circumstances but that's neither here nor there now. Does anyone know how long until I get my documents back? My husband still has to leave and I have no possessions other than a case of clothes, after 3rd Sept nowhere to live and no income. If I have the option to apply for a waiver I really need to get it going.
Many thanks in advance.
Many thanks in advance.
#2
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Joined: Jul 2013
Posts: 417
Re: Military Spouse visa refusal
I'm really in need of advice, I'm a British spouse of a US serviceman with orders to PCS to the US. We are supposed to go on the 13th September. Our household goods have gone, I have quit my full time job and handed in notice of the classes I teach. My visa was refused under section 212a although I don't know which subsection yet. The CEAC website just says refused and when I phoned that's all they told me. I have a conviction from when I was 18, I'm now 36. He didn't ask me any questions at interview I was just asked to submit a W2 and give permission to speak to ACRO. I have a caution as well from the same time which I had forgotten about. So I suspect this is being counted as a conviction, they both come under crimes of moral turpitude. I just wish he'd asked me the circumstances but that's neither here nor there now. Does anyone know how long until I get my documents back? My husband still has to leave and I have no possessions other than a case of clothes, after 3rd Sept nowhere to live and no income. If I have the option to apply for a waiver I really need to get it going.
Many thanks in advance.
Many thanks in advance.
#3
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Joined: Aug 2017
Posts: 18
Re: Military Spouse visa refusal
thanks for your reply, we are going tomorrow morning.
#6
Re: Military Spouse visa refusal
You don't say which US Embassy you interviewed? Did you bring any documentation regarding the age 18 conviction and was it for drugs? I believe at age 18 you are viewed as an adult which changes how your conviction is looked at. What was the caution for at age 18? Did you declare both of these on the application submitted to the US Embassy?
If you are eligible to submit an application for a waiver, it is not a quick turn around process. Some can take a year or more.
If you are eligible to submit an application for a waiver, it is not a quick turn around process. Some can take a year or more.
#7
Re: Military Spouse visa refusal
You don't say which US Embassy you interviewed? Did you bring any documentation regarding the age 18 conviction and was it for drugs? I believe at age 18 you are viewed as an adult which changes how your conviction is looked at. What was the caution for at age 18? Did you declare both of these on the application submitted to the US Embassy?
If you are eligible to submit an application for a waiver, it is not a quick turn around process. Some can take a year or more.
If you are eligible to submit an application for a waiver, it is not a quick turn around process. Some can take a year or more.
#9
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Joined: Aug 2017
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Re: Military Spouse visa refusal
You don't say which US Embassy you interviewed? Did you bring any documentation regarding the age 18 conviction and was it for drugs? I believe at age 18 you are viewed as an adult which changes how your conviction is looked at. What was the caution for at age 18? Did you declare both of these on the application submitted to the US Embassy?
If you are eligible to submit an application for a waiver, it is not a quick turn around process. Some can take a year or more.
If you are eligible to submit an application for a waiver, it is not a quick turn around process. Some can take a year or more.
#10
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Re: Military Spouse visa refusal
I know it doesn't matter and everyone always has an 'excuse' as to why they do things but there were mitigating circumstances surrounding the conviction and I wish he had asked me at the interview or there was a way of being able to plead your case so to speak. Yes for immigration purposes I'm a criminal and always will be...but that's actually not me. That was me for a snapshot of my life during a time I have spent years forgetting. My husbands career is so important and I don't want to mess it up. I have been honest to him and have had to be background checked by the military as part of his job, when we met and recently. He doesn't want to stay here, he doesn't want to retire here. If we had known better I would have gotten some advice beforehand. I know a waiver will take a long time but I am just at such a loss of what to do.
#11
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Joined: Mar 2015
Location: Virginia
Posts: 352
Re: Military Spouse visa refusal
Meeting with JAG is a good step, but also call the USCIS Military Helpline, you should be able to speak to someone with access to more information about your case, and who can advise you of next steps.
#12
Re: Military Spouse visa refusal
It was the US embassy in London. Yes I took my police certificate and court record for the conviction. Neither were for drugs. They were both for obtaining property by deception. I fully accept both were as an adult but they were 18 years ago and I never reoffended. I didn't put the caution on the form as I had forgotten about it until I had to speak to ACRO after my interview.
Without knowing the details of the crime, after 18 years of presumably living a law abiding life, you should be given a waiver without too much problem.
#13
Re: Military Spouse visa refusal
I know it doesn't matter and everyone always has an 'excuse' as to why they do things but there were mitigating circumstances surrounding the conviction and I wish he had asked me at the interview or there was a way of being able to plead your case so to speak. Yes for immigration purposes I'm a criminal and always will be...but that's actually not me. That was me for a snapshot of my life during a time I have spent years forgetting. My husbands career is so important and I don't want to mess it up. I have been honest to him and have had to be background checked by the military as part of his job, when we met and recently. He doesn't want to stay here, he doesn't want to retire here. If we had known better I would have gotten some advice beforehand. I know a waiver will take a long time but I am just at such a loss of what to do.
Please let us know what JAG tells you tomorrow. We're for you.
#14
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Re: Military Spouse visa refusal
At interview he asked how I met my husband...and when. Then he said you need to submit a W2 and give permission for them to speak to ACRO. He kept my documents and my passport. I tried to call yesterday to see how long it will take to receive a formal letter of the refusal with full details but I was told I just have to wait, thank you all so much
#15
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Re: Military Spouse visa refusal
Unfortunately, at the interview there is no pleading your case. It is black and white to them. Since it didn't involve drugs and was so long ago, I believe you should be successful with a waiver. We don't know what the examiner said to you at the time of your interview. Usually, if they are going to deny, they tell you then and advise you to file a waiver of inadmissibility. I'm assuming you were not told this at the interview. Did you have to leave your passport?
Please let us know what JAG tells you tomorrow. We're for you.
Please let us know what JAG tells you tomorrow. We're for you.