212 (a)(7)(A)(i)(I).

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Old Nov 23rd 2009, 9:00 am
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Default 212 (a)(7)(A)(i)(I).

Hello All,

I need some guidance related to my daughter.

She is 16 and she finished her GCSEs.

She wants to marry some on in US, green card holder only, not citizenship.

They both were happy and really wanted to do it. All family was happy as well.

As she is british national, so plan was she will go to US just to do small ceremany and come back after two weeks, and start her studies in UK, and just every holidays she will visit her husband. as she didnt want to set in US and didnt wants to apply for US citizenship.

It is clearly written on US embassay website that:

Note:If you will do not intend taking up indefinite residence in the United States but will continue to live and work abroad after the marriage ceremony you should apply for a B-2 visa, or if eligible travel visa free under the Visa Waiver Program.
http://www.usembassy.org.uk/cons_new...iv/spouse.html

So we just went US on Visa Waiver Program.as visitor.

But one of her Jalus friend or family member wrote to immigration in US that she is coming to get marry. So US immigrant asked so many questions and make sure that she accepts that. and finally they refused her entry. and on her passport there is written as 212 (a)(7)(A)(i)(I).

Kindly find out that is your oraganization can work for us to guide us next right steps for us.

Thanks

Ram
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Old Nov 23rd 2009, 12:46 pm
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Default Re: 212 (a)(7)(A)(i)(I).

Originally Posted by rahmano-raheeem
But one of her Jalus friend or family member wrote to immigration in US that she is coming to get marry.
How do you know that someone wrote to US immigration?


So US immigrant asked so many questions and make sure that she accepts that.
Make sure that she accepts... what? Generally, the age for getting married in the US is 18 - and getting married under age 18 requires parental permission. I'm guessing you're okay with this. Were you with her when she tried to enter the US? If not, it's possible that they were merely enforcing the law... and a 16 y/o can't marry in the US without parental permission and if you weren't there to sign that permission for her...


... on her passport there is written as 212 (a)(7)(A)(i)(I).
http://www.americanlaw.com/exclude8.html. She will likely need an I-601 waiver now. Hint - Google is your friend. At any rate, this is *not* something she can do yourself... she now needs an experienced immigration attorney.

What country is she from? You say she's a "British national"... do you mean she is a UK citizen? Not all countries are eligible for travel under the visa waiver program.

Ian
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Old Nov 23rd 2009, 2:49 pm
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Default Re: 212 (a)(7)(A)(i)(I).

Originally Posted by ian-mstm
How do you know that someone wrote to US immigration?



Make sure that she accepts... what? Generally, the age for getting married in the US is 18 - and getting married under age 18 requires parental permission. I'm guessing you're okay with this. Were you with her when she tried to enter the US? If not, it's possible that they were merely enforcing the law... and a 16 y/o can't marry in the US without parental permission and if you weren't there to sign that permission for her...



http://www.americanlaw.com/exclude8.html. She will likely need an I-601 waiver now. Hint - Google is your friend. At any rate, this is *not* something she can do yourself... she now needs an experienced immigration attorney.

What country is she from? You say she's a "British national"... do you mean she is a UK citizen? Not all countries are eligible for travel under the visa waiver program.

Ian
Thanks IAN.

Yes she born here in UK. And she always lives here.

US immigrant had wedding cards and all details of her fiance with them, Which were given to them.some one fax them.

My wife, her mother was with her.

we all are happy with this wedding. She had full permission from us.

Thanks.
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Old Nov 23rd 2009, 3:34 pm
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Default Re: 212 (a)(7)(A)(i)(I).

Unfortunately, it would appear one person in either your family or his is not happy with the impending marriage and did what they could to stop it.

As of now your daughter faces a very difficult, if not impossible, task of entering the US with a formal visitor's visa and possibly a waiver. I am not familiar with the 212(a)(7)(A)(i)(I) code so I will leave it to someone else to look it up.

I do suggest that you contact an attorney versed in US immigration and see what can be done about this and I would also suggest that your future son-in-law come to the UK to get married. He will need a special visa from the British government to do this unless they meet up in a third country where they can marry, i.e. Canada?
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Old Nov 23rd 2009, 3:44 pm
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Default Re: 212 (a)(7)(A)(i)(I).

Originally Posted by Rete
Unfortunately, it would appear one person in either your family or his is not happy with the impending marriage and did what they could to stop it.

As of now your daughter faces a very difficult, if not impossible, task of entering the US with a formal visitor's visa and possibly a waiver. I am not familiar with the 212(a)(7)(A)(i)(I) code so I will leave it to someone else to look it up.

I do suggest that you contact an attorney versed in US immigration and see what can be done about this and I would also suggest that your future son-in-law come to the UK to get married. He will need a special visa from the British government to do this unless they meet up in a third country where they can marry, i.e. Canada?
I am above of this all that who has done this all. as thats totally separate thing. I am worring about my daughter's depression of being stoped to meet her fiance. and feeling so scared that she might not able to marry him.

If I can get soloution of her Legal Visits to her fiance, I have no other worries. or even i wont bothered who has done it. As far I am happy. my daughter is happy. and her fiance are with us. we dont need to worry atol.

Thanks for your kind help. Looking forward for more options for good luck for us.
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Old Nov 23rd 2009, 3:51 pm
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Default Re: 212 (a)(7)(A)(i)(I).

I wish you the good luck, but will also say that you will need professional legal assistance on this one, not just an internet forum.

Your daughter can still marry her fiance, just not in the USA right now. He can come to the UK or they can marry in a 3rd country, so at least he can get the I-130 filed.

Whenever it comes time for her to get the Immigrant Visa, you will need legal assistance to file a waiver at that time. Prepare this ahead of time to have it ready to show the officer at her visa interview (but that won't be for several years yet).

If she wants to VISIT the USA in the meantime, then you will still need legal assitance to file a waiver for her to get a B-2 visitor's visa.

Rene
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Old Nov 23rd 2009, 3:57 pm
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Default Re: 212 (a)(7)(A)(i)(I).

Originally Posted by Noorah101
I wish you the good luck, but will also say that you will need professional legal assistance on this one, not just an internet forum.

Your daughter can still marry her fiance, just not in the USA right now. He can come to the UK or they can marry in a 3rd country, so at least he can get the I-130 filed.

Whenever it comes time for her to get the Immigrant Visa, you will need legal assistance to file a waiver at that time. Prepare this ahead of time to have it ready to show the officer at her visa interview (but that won't be for several years yet).

If she wants to VISIT the USA in the meantime, then you will still need legal assitance to file a waiver for her to get a B-2 visitor's visa.

Rene
Thanks Noorah, very kind. Offcourse I will find some good legal organization to take care her case. and do every thing properly.

I am not worrying for wedding ceremany or any party. Just want she should have any restriction to visit her fiance at any time. so that she can enjoy her holidays there. She is happy to continue her studies here in UK. but i know unless this depression of being cant visit him, she wont able to manage her studies proerly here.

Thanks
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Old Nov 23rd 2009, 4:11 pm
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Default Re: 212 (a)(7)(A)(i)(I).

Please understand the right to enter the US is not a given. The agent at the POE has the last say on who can and will enter the US. Even if she were to obtain a formal tourist visa from the US Consulate, she still might be able to enter the US. There is absolutely no guarantee.

She do well to see if her fiancee can and will live in the UK with her after his gets his US naturalization. This might be one option that needs to be looked into.
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Old Nov 23rd 2009, 7:43 pm
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Default Re: 212 (a)(7)(A)(i)(I).

Originally Posted by rahmano-raheeem
I am not worrying for wedding ceremany or any party. Just want she should have any restriction to visit her fiance at any time. so that she can enjoy her holidays there. She is happy to continue her studies here in UK. but i know unless this depression of being cant visit him, she wont able to manage her studies proerly here.
You and your daughter need to understand that she may not be ABLE to visit the US for a long time.

If it will make her that depressed, she should probably arrange for him to come visit her.
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Old Nov 23rd 2009, 7:43 pm
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Default Re: 212 (a)(7)(A)(i)(I).

Have they met?
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Old Nov 23rd 2009, 8:36 pm
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Default Re: 212 (a)(7)(A)(i)(I).

Prevent me saying what I want to say ... is just protecting these individuals This is the US not downtown Delhi ...

Last edited by meauxna; Nov 24th 2009 at 2:59 am. Reason: PM if you need to know
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Old Nov 23rd 2009, 10:13 pm
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Default Re: 212 (a)(7)(A)(i)(I).

Where does the waiver come from? From what I can see it seems that she was denied entry because she was trying to enter as an immigrant without an immigrant visa.

OP also posted on another forum, by the way.
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Old Nov 23rd 2009, 10:24 pm
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Default Re: 212 (a)(7)(A)(i)(I).

Originally Posted by Boiler
Have they met?
From what I can gather from the posts, I'm thinking that's a Negative

Originally Posted by Ray
Prevent me saying what I want to say ... is just protecting these individuals This is the US not downtown Delhi ...
I never saw your post Raymundo but from this comment I can pretty much garner some of its contents.

I know the OP didn't come on here asking our 'opinions' on the planned nuptials of his 16 year daughter to a man she (presumably) hasn't met yet - but my initial reaction was

Firstly, if she's old enough to make the decision to marry then she's certainly old enough to make her own post ( that would be a start in the right direction anyways)
Secondly, I would advise HER (like other very young people have been advised on this board who were thinking about getting coming here and getting married to someone they haven't met (assuming that is the case)) that happen she might want to take some time to get to know the man she is marrying BEFORE she actually does it.

She is 16 years of age - still very much a child and that's a big decision to be making at that age. I would also hope that it was her decision. That being said, with all due respect to the OP, if his daughter wants advice on how best to proceed then happen she should be the one asking the questions.

that's my 2 cents - for now....

Last edited by meauxna; Nov 24th 2009 at 3:00 am. Reason: quoted
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Old Nov 23rd 2009, 10:32 pm
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Default Re: 212 (a)(7)(A)(i)(I).

There is a non immigrant visa waiver - I192

But there is something definitely not right, that link to a post, which certainly seems to be the same case, was allegedly written by a 16 year old born and raised in the UK, I think not.

Here we have a post using very similar language by supposedly the father.

I wonder who is more interested in this marriage...
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Old Nov 23rd 2009, 10:49 pm
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Default Re: 212 (a)(7)(A)(i)(I).

Originally Posted by Boiler
There is a non immigrant visa waiver - I192

But there is something definitely not right, that link to a post, which certainly seems to be the same case, was allegedly written by a 16 year old born and raised in the UK, I think not.

Here we have a post using very similar language by supposedly the father.

I wonder who is more interested in this marriage...
I just read all those posts made on that other board and I have to agree with you. In fact in some of them the 'writer' (presumably the father) actually uses the words 'her' and 'she'... hmmmm. I also note one detail omitted from the account we have been given that ( quite crucial one really) when asked at the POE:
What were your planning to do after wedding? she responded she was: "planning to stay here with my husband and join a college." That presumably explains the 212 (a)(7)(A)(i)(I).
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