Jen3

hello I am an american married to a uk citizen. we have direct consular filing in london because i have a uk passport to. My story is. My husband went for his medical in london and had everything done xrays jags when he was being examined he had to explain to the doctor an incedent that happened seven years ago that led him to be cautioned for assulting a constable. This happened while he was under the influence of alcohol. They have done a pathology test to look for alcohol abuse and drug abuse. The doctor said to him the consulate takes a dim view of this sort of thing and to expect them to look at it more closely. i am just worried at how this will affect his visa application and how to proceed next. will we need full police reports on the incedent? What does look more closely mean? thanks for any advice

meauxna

Jen, this is potentially very serious.
London (and Montreal Canada) have recently (over the past year or so) stepped up screening for 'alcoholism'. This has been a problem for UK drinkers who don't see their habits in the same light as the US medical examiners (US law).
Was your husband asked about his current alcohol consumption? If so, how did he answer (as accurately as you can).


Here is one link for some information with a story that was also posted here.

Jen3

Hello thanks for the reply.My husband was asked he doesnt drink anymore one drink a week at most last time he drank was six weeks ago. he has no problems with alcohol. never did just had to much one night and was stupid.

meauxna

Then hopefully it will resolve itself easily. You two should look over those links anyway, to be aware of what you're *really* answering when those questions came up. The OP there was adamant that her husband was/is not an 'alcoholic'.
The US said otherwise.

It's not the only case, but the best answers are in that thread & the comments of the article.

Jen3

Should we still get hold of the police records for the incedent.

meauxna

Yes, regardless of the medical. You should have them to explain the 'no live trace' police report. I think what you're looking for is the MOC/Memorandum of Conviction.
nettlebed has posted recently on how to get that, if you don't already know.

nettlebed

Search for posts by me which include the word "Maidstone" for details, including how to gets MoCs even if you are unsure of the exact date of conviction. In such cases it takes work, but it can be done.

Here you go...

S Folinsky

A useful link is an article that was written for the American Immigration Lawyers Association on what happened.

Observation: for years, this 1990 provision of the law was only problematical at the consulate in Ciudad Juarez. Otherwise, the practice was to kind of ignore it. A few years back, Department of State decided that the law should be uniformly applied world wide. When it was "just" Mexicans, nobody cared. When it started happening in London, everybody woke up and took notice.

Observation: Your husband was examined, not you. What was actually said has only two first hand observers -- your husband and the doctor. It is the Doctor's version that counts. In the saga of Phil & Shayna, they were blabbing all over the net -- and have since removed lot of the stuff. It turns out that Phil's actual answers supported the finding when plugged into objective criterion.

Pet peeve -- it sometimes happens that Brits will complain about the "Mexicans" -- I was treated like a Mexican. Why was I not given the benefits given Mexicans. Etc. I am not making such an odious comparison -- I simply noted that Cd. Juarez was the only consulate with these denials until a few years ago.

This area causes a lot of excitement. All the more reason to give my standard disclaimer: no advice given nor intended.

S Folinsky

Observation: you related only the conversation with the doctor. Please read the link.

Further observation: people get irrational when faced with this.

Further observation: This happens often on this forum. Many forms and instruction sheets from the Government are generic in nature. Quite often, they will talk about requirements that do not to your particular case.

No advice given nor intended.

Jen3

Hello thanks for the advice on obtaining the record. first all s folinksy you dont help at all. i will ignore u. nettlebed thank u but my husband never went to court he was cautioned in the morning and let go after a night in the cells.

Ozzidoc

I understand that this must be a stressful time for you. However, please reconsider your comments about the two people on this forum who are in the best position to help you.

HUGE HINT Mr S IS a lawyer. The answer/assistance you need will be in his posts and links. He drops by to help people for free. And the process that nettlebed went through is essentially what your partner will need to do.

Good luck with everything.

jeffreyhy

J,

Serious mistake. Very serious indeed.

Regards, JEff

S Folinsky

That is your privilege. I have no problem with that at all. However, please note the following language which appears in your original post: "i am just worried at how this will affect his visa application and how to proceed next. ... What does look more closely mean?"

No advice given nor intended.

S Folinsky

Jeff:

It is her privilege. I have no problem with her opinion. Be nice -- it may very well be contagious.

Jen3

I guess I was just confused as to where the Mexicans fit into this!