Myrddin

Hi,

I've searched previous posts, but haven't managed to find what I'm looking for.

Does anyone have any suggestions for the best sites to find out about the Spouse Visa process and/or where the best FAQ lists can be found?

Our case would not be straightforward, and I know how important research will be in keeping the timeline short.

Thanks.

Patrick

Hi,

Here are a coupele of links to start with

http://www.usembassy.org.uk/cons_web/ins/insindex.htm

http://www.mindspring.com/~docsteen/...o/visainfo.htm

The process is quite straight forward. Are you DCF or is your spouse in the in USA?

Patrick

Myrddin

For *most* people the process might very well be straightforward, but I have a criminal record to complicate matters.

I will need a waiver of ineligibility, and so far I haven't been able to find out much about how/when I would apply for that.

I'm not sure what a DCF is, but I'm in the UK, and my future spouse is in the USA.

Patrick

Hi,

how do you know you need visa waiver?

Here is a good link, a must read for someone with a criminal record.

http://foia.state.gov/masterdocs/09fam/0940021aN.pdf

On the doc steen link I put up in the previous reply there is a section on criminal records and in that there is a bit on waivers.

Patrick

Myrddin

Because I was refused a K1 Visa about 4 years ago, and told then I would need one.

I need one to visit the USA even.

I've just spotted that section, and it's the most complete I've found so far. Thanks.

jeffreyhy

My,

If your case will not be straightforward, and particularly for the reason that your case is not straightforward, you need more than internet research. You need an experienced immigration attorney.

Regards, JEff

Myrddin

Yes, we'll most likely at least seek advice from an immigration attorney, preferably one experienced with dealing with refusals on criminal grounds, when it comes to the waiver application.

The rest we should be able to handle by ourselves, as we have plenty of time to do the research.

I don't want to rack up a huge bill asking about things we could find out for ourselves, but I do realise that proving extreme hardship is something that can only be done on a case by case basis, and the wording and presentation of the facts are important.

Jade

If your fiance visa was denied 4 years ago you will have to go back through the entire visa process - I believe you only have a year after the denial to file for the 601 waiver.

Myrddin

Oh yes, I realise that. We cancelled that application before the year was up anyway, because I wanted to visit the USA.

There are other reasons why it would have to be a new application, which I'm not sure I want to go into in public.

We're considering going the spouse visa route this time, on the basis that the INS would likely take extreme hardship for a spouse more seriously than for a fiance.

I was unofficially told by someone at the Embassy that I'd have more chance of getting a waiver if we were married. How true this is I don't know, as much of the other info given over the months was either wrong or incomplete.

Folinskyinla

Hi:

Yes, you should get an attorney. Also get one who has done some waiver work -- if immigration law is a specialty, waivers are a subspecialty.

Also, the "extreme hardship" requirement is one not capable of easy definition -- each published case on that goes to lengths to explain that.

Good luck.

Myrddin

Did I assume right about the INS taking more notice of a spouse than a fiance when applying for a waiver?

I see from your sig that you have Immigration expertise, and as we aren't married yet, and haven't started a visa process, we could choose a K-1 or I-130 at this point.

A K-1 would be quicker, but if it's less likely we'd get a waiver, I'm not sure if we should risk it.