Tracym

I think he's figured that out... now.

meauxna

Really? It reads as if he's charging ahead.

Tracym

I thought he was getting an attorney. Unless I'm confusing him with someone else...

cptflint

I underestimated the importance of putting together a well prepared appeal, leaving aside the criminal record details as they had a full report on that I failed to make a case of any sort for a case of hardship if refused and that was another reason they denied the application. I honestly believe that everything would have been ok but for my past and would have been granted the fiancé visa first time so the actual process to get a fiancé visa is relatively straight forward, I complicated it and only have myself to blame for that.

cptflint

Following a visit with an Immigration lawyer she wrote this email to me so my case is hopeless now but Id like to thank everyone who offered advice
Ian
.......................
Dear Ian,

I sent the following message after our meeting:

I enjoyed meeting you during our office conference this afternoon. After reviewing the denial of your Application for Waiver of Grounds of Excludability, I recommended that you not file an appeal of the decision. In order to appeal the decision, you would need to prove that the person making the decision made an error in the application of the law. An appeal cannot be used to provide new or additional documentation in support of the waiver application.

I also advised you that, based on the fact that you were found inadmissible on the ground of your conviction and on the ground that you made a material misrepresentation on the I-94W when applying to enter the US, the chances of an approval on a waiver if Sheila were to file another K-1 petition non your behalf would be extremely unlikely.

My recommendation was that you make arrangements to visit each other either by Sheila coming to the UK or by meeting in a third country. If you and Sheila marry here in the UK, it may be possible for Sheila to get permission to remain in the UK with you. I have no expertise in UK immigration and would advise you to obtain legal advice to ensure that this process proceeds smoothly.

I advised against applying for a visitor visa because you would be unable to prove that you did not intend to reside permanently in the US.

If you have any questions, please feel free to email me.



Best regards.



Kehrela

scrubbedexpat099

Seems fair enough.

I might want to know if time might help.

What was the 1 94W? Probably find it if I read back.

Tracym

It's been 40 years already.

He ticked "no" to the crime bit on the I 94W.

Unless time since the I-94 misrepresentation helps - but it doesn't sound like it is likely to.

Very unfortunate really - I personally don't think a 40 year old crime committed by a 17-year-old, that while not good, wasn't tremendously serious should cost this much.

cptflint

There has to be safeguards but they don't take into account the personal circumstances enough

fatbrit

Write your representative, then! Immigration bills must be getting close.

Folinskyinla

Tracy:

Its not as if he committed murder or some other mundane crime, it was a DRUG offense.

scrubbedexpat099

2 issues?

Drug Offence

Misrep on I 94W, which I do not think has been around for 40 years.

Tracym

Oh dear, I'm glad I didn't answer this before I had my coffee, for an instant I read that as if you were serious

I agree - it's only the drug offence that is old. But I don't think it's going to help here sadly.

Tracym

Well mark the day FB, you and I are agreeing entirely on two things in one day.

40-year-old drug crimes and gay marriage.

True, we can't open the floodgates and let the world come in. But I don't think Cptflint is the hardened criminal I am afraid to let into my nation, and imo any two adults who wish to be married should have their union legal.