mattandtina

I am going to try to be brief as I am very emotionally distressed right now.

My fiance just had his interview in london and was refused his fiance visa due to his criminal record. For those of you interested, yes he was a bad boy- drove without tax on his car which was a fraud on his record, etc. nothing like drugs or prostitution. His last offense was in 1986 (just 2 months past his18th birthday) but he has been a model citizen since.

From what he told me ( albeit he called me at 4 am my time and he was on the train home), they didn't care that it has been nearly 18 years and they in fact told him that he shouldn't even come over the visit on the visa waiver program. I'll have to get more info on this from him.

I've seen some help sites like immigrate2us.net that other people have suggested. Are there any others? what can we do?

Does anyone know how long the appeal process takes? My fiance and I have a 9 month old daughter together and all we want to do is to be a family. I love him and I don't want to be a single mom and I definitely don't want my daughter growing up without a father. We can't move to the UK because I have another child from my first marriage and her father would never let her out.

I am so angry right now- at what point do they allow someone to rehabilitate? my fiance has paid the price of his youth! His first wife died of cancer and left him with 2 small children- he spent 10 years watching her in and out of remission and eventually dying! What does it take for someone to get a break in this world////now he can't be with his new baby? we can't all be a family? This processes angers me because it seems like ( OK big big generalization here) fiance russian brides are approved en masse when basically they are coming over to be legal prostitutes in my opinion, and people like us are refused when all we want to do is be together, be a family, work hard and pay our taxes.... sorry, said i was emotional...

here's a summary of what i'd like help with:
the appeal process: other websites
how long does the appeal take?
Is there realistically any hope for us? please be honest

thanks in advance

-Tina ( the american without a father for my baby at present)

inquisitive40

Just something I am wondering,,, being caught with no road tax on your car was listed as fraud on his record???? What was his original fine at the time??

Patrick

DCMark

For what its worth you just insulted more than a few people on this board. Personnally, I think finding your bride from an impoveshed country is a bit strange (and makes it easy for the American guy to be taken advantage of) but to call them leagalized prostitutes is wrong. Don't be so quick to judge. You foolishly had a child outside of wedlock without even knowing if the father could even live near the child. Not to mention that your boyfriend is a criminal, despite how many years have passed

A little humbleness take you a long way in what will be a very difficult and complicated journey. There may be a waiver he can apply for but you will need a competent immigration attorney. I suggest you get one immediately.

Good luck.

PS: Another notion to rid yourself of is that is the Government does not care whether your husband has suffered, or that you are in love, or want to pay taxes, etc. Immigration policy is based on laws not emotions. There are a set of rules that must be met. If they are not met, the visa is denied, no matter what the motivation of the petitioners.

mattandtina

DCMARK-

I said I was emotional and I am sticking by it, so to all of you out there with the same thought as dcmark, save it please. If you expect me to take your advice about not judging people seriously, then don't be hypocritical and judge me yourself. I am not in the mood right now for mindless banter so accept that I am highly over-emotional and upset and please don't waste my time and yours by responding to one sentence I wrote that is incidental to the issue at hand. Thanks.

Folinskyinla

Hi Tina:

First of all, take a deep breath and relax a bit. Despite the length of your post, you do not give anywhere near enough detail to analyze your case. The FSU ladies you mention are put through the ringer in getting their visas when in relation to any one individual applicant, it is speculation as to what they will do. In Nigeria there is almost a presumption of fraud becuase the ConOffs see it in 98% of the applications.

In contrast, your beloved DOES have a conviction. That is a HARD fact from the past. However, it may be that he is NOT excludable or that a waiver is not necessary. It should be noted that when one does not walk out with an "approval" it is statistically counted as a "denial." I have a reaction that the ConOff may not be so sure and if she is not sure, then no visa. A visa application is the reverse of a criminal prosecution -- the presumption is that the alien does NOT qualify.

A brief outline of inadmissability analysis -- is the crime even one "involving moral turpitude"?? The "fraud" indicates it is. The facts may indicate it is not. I recall a case I had some time ago in Seoul where the client had an old conviction for driving without insurance when he had an accident. However, Korean law treats this as "hit and run" even if the driver sticks around. No insurance is not a CIMT but hit and run is. [BTW, auto accidents don't fall under Korean tort law -- it is a criminal offense -- but there is allowance for what the US would call "civil compromise" where the victim is paid off to cancel prosecution. My expatriate lawyer friends call it "blackmail." However, this was not available to my client because he was driving a commercial vehicle.] I contacted the head of IV with whom I had a good relationship. He recommended I do a waiver as being quicker and he gave me the phone number of the local [then] INS OIC. Although they wouldn't commit in advance [quite properly, I might add] they made it clear that this was a BS situation compelled by the law and I was to use my imagination to come up with ANY "hardship" at all. Waiver approved.

Second, if the crime IS a CIMT, does it fall under the "petty offense" exception. What was the maximum possible sentence of imprisonment, if under a year, then look at the sentence of confinement and if under six months, the exception applies. This is a two part analysis. This requires an analysis of the British statute under which he was convicted. In California, shoplifting falls under the "petty offense" rubric, but a computerized arrest record will show the Penal Code provision for "Theft" which includes felony provisions. In a separate and later section, there is a sentencing provision which makes theft from a merchant to be a petty offense. When dealing with CIS in California, they know that -- but I was consulted on a case where a naturalization in South Carolina was denied and removal proceedings instituted because of the "aggravated felony" theft offense.

Third, it the crime is a CIMT and doesn't fall under the petty offense exception, then he needs a 212(h) waiver on form I-601. You have to prove extreme hardship to yourself, and perhaps your children.

I think a legal consulation with an immigration attorney who has experience in waivers is in order. Word of warning -- many immigration attorneys do not have experience in that small niche.

Good luck.

Rete

Since her fiancee is in England, Mr. Folinskyinla, would it be better for him, rather than her, to seek the advice and/or assistance of a counsel who resides in London and who does US immigration work?

My thoughts are if a waiver is required, he is the one to file it. And since he was the one to attend the interview, was spoken with personally, and she is only the third party ear, then the UK Fiancee would be the one to know exactly what transpired at the interview and can relay that information to an attorney himself.

Rete

Rete

Tina

Don't have any advice for you other than all is not lost. If truly denied, there are waivers to be applied for. So chin up.

As for the naysayers and posters who rag on you, skip over them. You are in enough pain at the moment and having to deal with their commentaries on your life and lifestyle are not something you need to deal with at the moment or add to your grief.

Rete

Folinskyinla

Hi Rete:

Point well taken. Please note that I did NOT specify WHERE to get that consultation. Also, e-mail and telphone helps a lot. I've represented people I've never met.

1Duckie

I really feel badly for you. Just wondering. Kind of same situation happened to a girl that works in my building.

Her sister filed for her Fiance from Scotland to come over and was denied due to his criminal background. When he was 16, he was Convicted of causing internet viruses. A real bad boy, if you ask me.

He was denied K1, so she went there and married him. Now he is here. I have no idea what they did to get him over here, but I will ask.

Cheer up, there is hope.

DCMark

Ok, I was trying to be nice and ask you to be humble because you are gonna need it. But you persist on calling a large number of women you DON"T KNOW that they are prostitutes.

So I will say this, KARMA IS A BITCH HONEY! You posted something mean and spiteful on a very public messageboard, one read by lots of fellows persuing Russian brides. As Mr. F said, your beloved actually has a conviction on his record. How many of these 'hookers' have that?


PS: Rete, I know you think I am an asshole but a) I was suggesting she not criticize others in persuit of her own needs and b) hoping she would realize (like all first posters with problems do) that the fact that they are 'in love', work hard, etc. don't mean diddly with the INS.

DCMark

My dear Rete:

Are you seriously telling me there are not posts from you in the past commenting on posters' decisions on having children and when/where they live? Nor have you not commented on other's lifestyles as you see fit? I know you did for me on my first post here.

mattandtina

Thank you for your kind words. I am extremely emotional as you may tell. Without getting into all the details on this board, I would like to know if you could provide me your details so I may contact your office for a consultation. I am in Orange County. I'd like to discuss this privately to see if you may be able to assist. Thanks.

mattandtina

Patrick,

let me clarify because my fiance read this and said i was wrong. what he did was used a tax disk from one car and put it in the other. that was what the fraud was. hope that helps.

SecretGarden

Mr. F. does not take business off the board. Perhaps he can give you a referral. You can also contact www.aila.org to get a list of qualified immigration attorneys in your area. Good luck, Tina. You can also do a search on the board for waivers. There have been some successful couples who have gone through the waiver process.

~SecretGarden

DCMark

Mr. F does not take clients from this board. Find yourself an ALIA attorney.