TT_04

All

the nightmare scenario has now kicked in. After I have received my visa (E1), my girlfriend's application for a B1/B2 visa was denied today at the US Embasssy in London due to her criminal records in the past (which happened over 10 years ago). The consular has recommended a waiver of ineligibility which was submitted to the department of homeland security (DHS).

The consular at the US embassy told her that the response time in her case should be around 2 weeks. However on the information form (along various websites and forums on the internet) it does mention a waiting period of 20-22 weeks.

Does anyone have experience with such a case in the past? Our move is scheduled for the end of November...

And also what is the likelihood that her waiver gets granted from the DHS? I know the supervisor should take into account things like the severity of the criminal records, when those have happend in the past and what the reasons for her moving to the States are.

Thanks for your help.

TT

materialcontroller

Recent experiences on here suggest that criminal waiver requests are taking 15-20 weeks to be adjudicated and processed. I'd say there's a reasonably good chance of your gf receiving a waiver of her ineligibility, given that the conoff has recommended it, you just need to be patient and give it time.

TT_04

Well, that's good news and bad news if that's the case.

Why did the conoff suggest that it will take 2 weeks to receive an answer in the first place? Please note that the US embassy has kept her passport, that's why I really hope it will NOT take up to 15-20 weeks to receive a final answer?

Is there anything you could to in the meantime? Maybe chasing them up, and explaining the urgency of the issuance of her visa (NB: she's the mother of our newborn twins)?

Is it worth of gettint legal advise, i.e. an immigration lawyer. Or would this only be a waste of time/money?

scrubbedexpat099

It was taking 6 months, has it speeded up?

TT_04

Seriously???

If you don't mind may I ask what your personal circumstances were?

Did you have proper reasons for the DHS NOT to turn down your waiver application? And why did it take so long? Did you have travel plans???

materialcontroller

I have no idea why conoff's give unrealistic timescales. They did the same to me on both of my visa applications/waiver requests.

Is your gf applying for a regular B2 visa or one for a co-habitating partner? As the embassy has retained the passport and is aware of your plans, it may be the case that her waiver will be processed sooner.

scrubbedexpat099

Plenty of threads on the subject, just had not heard it had speeded up.

I have not heard of any case being recommended which has not been approved.

materialcontroller

This recent post, mentions a wait time of just under 18 weeks: http://britishexpats.com/forum/showt...9#post10936819

TT_04

We are not married, so she had to apply for a B2 visa, though we've been living together plus she's the mother of our children. I was not aware that there was a separate visa category for co-habitating partners?

However the consular asked my gf for proof of living together.

Noorah101

You are correct, there is not a separate visa catogory for co-habitating partners. It's the B-2 visa. It's just more readily approved for the purpose of a co-habitating partner to join the visa holder in the USA.

Rene

scrubbedexpat099

You did not discuss any of this with your Lawyer?

TT_04

I have no lawyer. Do I need one?!

Noorah101

It's OK, you can still come to the USA and begin working. She can wait in the UK with the kids until she gets her visa, and then join you in the USA. The "move" can still happen, it will just happen without her at the beginning. I know, not the perfect scenario, but also not the end of the world.

From what I've seen posted on this forum, highly likely.

Rene

Noorah101

You did all the work for an E-1 visa on your own, without an immigration attorney? Good job! I'd say most people use a lawyer.

Rene

scrubbedexpat099

Are you the Employer or the Employee?