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refused K-3 visa

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Old May 20th 2004, 8:46 am
  #1  
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Default refused K-3 visa

I hope someone can help us. My husband had his interview for his K-3 visa yesterday at the USA embassy in london yesterday and everything went good. Passed the medical and all the paperwork in order but when they saw his police record they said no. He got in trouble when he was young. Stupid petty stuff like he stoled a music tape and a pound and 6 cigs and a lighter. but the last time he was in trouble was 21yrs ago. They recommended him for a waiver or appeal. They were really nice at the embassy. I started crying and my husband was so crushed. we have been married for 2yrs. and want so much to leave England and go to USA. We each have to write a letter telling what heartship there would be to us if he doesn't get the visa. Has anyone been through this and how to write and what to put in this letter to make them give him the visa? All our children are grown so we can't use that and we have just been flying back and forth, him 3mos in the USA and me 6mos in England. My 6mos is up here now but this time I'm not leaving. I won't leave him again. They said if they don't approve this he won't even be able to visit the USA because of his record. Can anyone offer some help? We would greatfully appreciate it.
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Old May 20th 2004, 10:05 am
  #2  
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Default Re: refused K-3 visa

flower,

See an US immigration attorney experienced in filing waivers for marriage-based immigration cases. Such an attorney can review the facts of your situation with you, identify the facts that are significant, and help you to present them properly. (What you say and how you say it are both important.)

Good luck,
JEff

Originally posted by flower6
I hope someone can help us. My husband had his interview for his K-3 visa yesterday at the USA embassy in london yesterday and everything went good. Passed the medical and all the paperwork in order but when they saw his police record they said no. He got in trouble when he was young. Stupid petty stuff like he stoled a music tape and a pound and 6 cigs and a lighter. but the last time he was in trouble was 21yrs ago. They recommended him for a waiver or appeal. They were really nice at the embassy. I started crying and my husband was so crushed. we have been married for 2yrs. and want so much to leave England and go to USA. We each have to write a letter telling what heartship there would be to us if he doesn't get the visa. Has anyone been through this and how to write and what to put in this letter to make them give him the visa? All our children are grown so we can't use that and we have just been flying back and forth, him 3mos in the USA and me 6mos in England. My 6mos is up here now but this time I'm not leaving. I won't leave him again. They said if they don't approve this he won't even be able to visit the USA because of his record. Can anyone offer some help? We would greatfully appreciate it.
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Old May 20th 2004, 11:06 am
  #3  
Mrtravelkay
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Default Re: refused K-3 visa

flower6 wrote:
    > I hope someone can help us. My husband had his interview for his K-3
    > visa yesterday at the USA embassy in london yesterday and everything
    > went good. Passed the medical and all the paperwork in order but when
    > they saw his police record they said no. He got in trouble when he was
    > young. Stupid petty stuff like he stoled a music tape and a pound and 6
    > cigs and a lighter. but the last time he was in trouble was 21yrs ago.
    > They recommended him for a waiver or appeal. They were really nice at
    > the embassy. I started crying and my husband was so crushed. we have
    > been married for 2yrs. and want so much to leave England and go to USA.
    > We each have to write a letter telling what heartship there would be to
    > us if he doesn't get the visa. Has anyone been through this and how to
    > write and what to put in this letter to make them give him the visa? All
    > our children are grown so we can't use that and we have just been flying
    > back and forth, him 3mos in the USA and me 6mos in England. My 6mos is
    > up here now but this time I'm not leaving. I won't leave him again. They
    > said if they don't approve this he won't even be able to visit the USA
    > because of his record. Can anyone offer some help? We would greatfully
    > appreciate it.
    >

He is no longer eligible to travel under the Visa Waiver Program due to
the visa denial. You need to prove hardship, not "heartship" and that is
not going to be easy, since you have been living in the UK for 6 months
without problems. Can you tell us what hardship you feel you have by
living in the UK rather than the US. Not that we might think it is a
hardship, but because you have a greater hardship than just missing the US>
 
Old May 20th 2004, 11:32 am
  #4  
Andy Platt
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Default Re: refused K-3 visa

Attorney, attorney, attorney. By the way, some people in this position have
been hit with a double whammy where they are told their use of the visa
waiver program constituted fraud because you aren't allowed to use it if you
have a criminal record.

Best of luck!

Andy.

--
I'm not really here, it's just your warped imagination
"flower6" <member21428@british_expats.com> wrote in message
news:[email protected]...
    > I hope someone can help us. My husband had his interview for his K-3
    > visa yesterday at the USA embassy in london yesterday and everything
    > went good. Passed the medical and all the paperwork in order but when
    > they saw his police record they said no. He got in trouble when he was
    > young. Stupid petty stuff like he stoled a music tape and a pound and 6
    > cigs and a lighter. but the last time he was in trouble was 21yrs ago.
    > They recommended him for a waiver or appeal. They were really nice at
    > the embassy. I started crying and my husband was so crushed. we have
    > been married for 2yrs. and want so much to leave England and go to USA.
    > We each have to write a letter telling what heartship there would be to
    > us if he doesn't get the visa. Has anyone been through this and how to
    > write and what to put in this letter to make them give him the visa? All
    > our children are grown so we can't use that and we have just been flying
    > back and forth, him 3mos in the USA and me 6mos in England. My 6mos is
    > up here now but this time I'm not leaving. I won't leave him again. They
    > said if they don't approve this he won't even be able to visit the USA
    > because of his record. Can anyone offer some help? We would greatfully
    > appreciate it.
    > --
    > Posted via http://britishexpats.com
 
Old May 21st 2004, 8:51 am
  #5  
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Default Re: refused K-3 visa

Originally posted by Mrtravelkay
flower6 wrote:
    > I hope someone can help us. My husband had his interview for his K-3
    > visa yesterday at the USA embassy in london yesterday and everything
    > went good. Passed the medical and all the paperwork in order but when
    > they saw his police record they said no. He got in trouble when he was
    > young. Stupid petty stuff like he stoled a music tape and a pound and 6
    > cigs and a lighter. but the last time he was in trouble was 21yrs ago.
    > They recommended him for a waiver or appeal. They were really nice at
    > the embassy. I started crying and my husband was so crushed. we have
    > been married for 2yrs. and want so much to leave England and go to USA.
    > We each have to write a letter telling what heartship there would be to
    > us if he doesn't get the visa. Has anyone been through this and how to
    > write and what to put in this letter to make them give him the visa? All
    > our children are grown so we can't use that and we have just been flying
    > back and forth, him 3mos in the USA and me 6mos in England. My 6mos is
    > up here now but this time I'm not leaving. I won't leave him again. They
    > said if they don't approve this he won't even be able to visit the USA
    > because of his record. Can anyone offer some help? We would greatfully
    > appreciate it.
    >

He is no longer eligible to travel under the Visa Waiver Program due to
the visa denial. You need to prove hardship, not "heartship" and that is
not going to be easy, since you have been living in the UK for 6 months
without problems. Can you tell us what hardship you feel you have by
living in the UK rather than the US. Not that we might think it is a
hardship, but because you have a greater hardship than just missing the US>
Sorry that was a typo, I meant to say hardship. I guess I had my heart on my mind. Well we have not been living in the UK with no worries thats for sure. My husband is 47yrs old and hasn't been able to find a job because of his age. They are good here about not hiring you cause of your age. In the USA there are plenty of jobs available for him and me.We are living on very very little means here. He is on a goverment job seekers allowance and I can't work of course. He gets £40 a week. His parents have passed and his kids are grown. I'am very close to my children and miss them dearly along with my parents and my 2 older brothers. My father has terimal cancer and is 79yrs old and I want to be close to him to spend time with him and my mother. Not to mention I want to live with my husband who I love very much, hes my best friend. He can now not even go to USA to visit with this thing. He has become very close to my family as well and it is so hard for my family. They want both of us there. My parents rely on me alot, but I'm busy flying back and forth 4000miles to try and keep my marriage that I'm very devoted to together. But is this good enough for them? I feel like they are making me choose between my husband and my family. But I'm sure they aren't bothered about that, but any way any help will be apreciated.
thanks
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Old May 21st 2004, 9:01 am
  #6  
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Default Re: refused K-3 visa

You need to get an attorney. You (and me) would be very unqualfied to fill out the waiver form, create a compelling argument, etc. Perhaps there are some possible arguments is what you wrote below but you need an expert. Good luck.


Originally posted by flower6
Sorry that was a typo, I meant to say hardship. I guess I had my heart on my mind. Well we have not been living in the UK with no worries thats for sure. My husband is 47yrs old and hasn't been able to find a job because of his age. They are good here about not hiring you cause of your age. In the USA there are plenty of jobs available for him and me.We are living on very very little means here. He is on a goverment job seekers allowance and I can't work of course. He gets £40 a week. His parents have passed and his kids are grown. I'am very close to my children and miss them dearly along with my parents and my 2 older brothers. My father has terimal cancer and is 79yrs old and I want to be close to him to spend time with him and my mother. Not to mention I want to live with my husband who I love very much, hes my best friend. He can now not even go to USA to visit with this thing. He has become very close to my family as well and it is so hard for my family. They want both of us there. My parents rely on me alot, but I'm busy flying back and forth 4000miles to try and keep my marriage that I'm very devoted to together. But is this good enough for them? I feel like they are making me choose between my husband and my family. But I'm sure they aren't bothered about that, but any way any help will be apreciated.
thanks
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