andy1

Hi,i have lived in the usa for 7 years ,i am married to a u.s. citizen and have a 4 year old son who is u.s born.I had my i485 denied in late july with no appeal,this was denied for previous convictions in england,6 in total ,all just fines and no jail time served ,no physical offences. So,we decided to come back to england as there was no chance of an appeal,since being back ,uscis have re-opened my case,i have submitted an i601 and evidence that they requested ,has anyone been through this or no what my chances of a favourable decision are??we hate it here and are desperate to return to the usa ,thanks ,andy.

cindyabs

Go to the Marriage and Immigration Forum Andy, there are two lawyers on there that post general information. They will not answer your question specifically since YOU are not THEIR client, but they do cite anecdotal and case rulings.

Ray

If drug conviction are involved your battle will be uphill.....

andy1

hi,thanks for replying,i do not have any drug convictions or any convictions involving violence ,just what i feel was petty stuff ,growing up in the late 70s ,early 80s ,everybody i know got knicked at the football for one thing or another!i just feel it is so harsh to put myself and my family through what i can only say has and is a nightmare.to denie and then change there minds after basically saying GET OUT OF THE USA is beyond our comprehension,all we can hope is that they realise i am not a bad person and make a favourable decision.

Bob

Aye, US marriage visa forums is the place to post.

Also get a lawyer, there's a couple US immigration lawyers based in London that could help, you can find there info off google easier than trying to find it through the US consulate's website in London.

scrubbedexpat099

1. Probably the number of offences rather than the type, but as you do not say tricky to comment.

2. Funny, I was a regular at Football matches in the 70's and 80's and I never got nicked once, and I do not believe I was the only one. That sort of comment will not help your issue.

3. I understand that in country waivers are harder to get than out of country waivers, particularly from the UK.

4. Just wondering with that history how you were ever admitted to the US in the first place, presumably you declared them to obtain an appropriate visa. Just wondering if there is anything else in your history that is pertinant.

5. Your hardships are irrelevant, all down to your wife's.

6 You can also try www.immigrate2us.net and www.visajourney.com.

andy1

Hi,6 offences in total,did obtain k-3 visa,nothing else pertinent that i no of,i think they ought to realise my wifes hardship,basically being kicked out of her own country or lose her husband,the whole saga is beyond our comprehension,one law for one and one law for another seems to be the case,and they say money doesnt talk?if they have zero tolerance on previous convictions it will be interesting to see how their tourist trade from the uk suffers now that visas are required for vacations.

scrubbedexpat099

You declared the convictions to obtain the K3?.

Did you need a waiver, sounds not?

You were then refused adjustment on the basis of your previously declared convictions?

Sounds very unusual.

IR1 route would be the way to go, no need to then adjust status.

It is not hardship per se, extreme hardship.

andy1

Hi,my k-3 was initially denied and then approved after explaining the circumstances,i485 was then denied on same grounds{previous convictions},the only thing we can think of that it has been reopened is that i never received an intent to deny,or the fact that my wife wrote to everyperson she could think of in theu. s. ie ,state senate ,white house ,congress ,etc.thanks for your interest,i have until 9 jan 2007 until there 60 days are up for a decision. your write ,it is a strange case,i even took advise from attorneys in atlanta,where we lived,they said my only option was a motion to reopen which was to risky as it can lead to deportation,hence us returning to the u.k.we can only hope for a good result i guess?which team did you follow by the way?

Myles

I'm a British citizen, did overstay in America from March 2004, got married to an American citizen Oct 7, 2006 and flew back to London on the 11th of Oct 2006 for our honeymoon. I was on my way back on the 22nd of Oct 2006 when the immigration guy at the Atlanta POE refused me entry under the Visa waiver programme for oversatying previously. My wife and i were devastated but then the immigration officer was nice to me as he explained to me it's not a deportation but a refusal and was adviced to buy a ticket right there and go back to London, My country of origin.

If i knew i was going to face been refused entry i would have done the right thing of staying put and file all neccessary documents before travelling but hey i did not and i'm not the one to moan over what i should've done but looking for ways to ammend the sad situation i've created for myself and newly married wife.
I came back home and got all paperworks filed! An immigration person my wife ran into advice us on filling the I29 form as well as the 130 forms. We filled the 2 forms and mailed it out. The cheques were cashed 2 weeks later and both receipts came in the mail with the refference numbers i believe.

Please could you advice on what to do as i don't want to make any mistake i will later regret and i'm trying to go back to join my wife God willingly very soon. Do i stand any chance at all due to my overstaying issues? what do i need to do right now to be prepared in case i got approved and have to face the embassy here?? Please your help/answers to my question will be greatly appreciated

Thanks
Myles

Ray

Your really in the wrong place ...
repost this in the Marriage visa section here
http://britishexpats.com/forum/forumdisplay.php?f=35

scrubbedexpat099

I have never seen a case like this, I can only imagine that when you adjusted the Officer considered that you should never have been issued a K3, well without a waiver.

But I would have thought the best way now would be IR1, you enter as a GC Holder so no need to adjust.

But you may have issues if you want to obtain Citizenship.

Weird. There are good Immigratuion Lawyers in London.

Coventry City, 2 anniversaries next year, old enough to remember both!.

scrubbedexpat099

You overstayed 2 years in the US?

If so you have a 10 year ban on re-entry.

You will be refused an Immigrant Visa and will need to file a waiver (I601) showing extreme hardhip to your wife if you are not let in.

See my previous links.

andy1

hi myles,not sure what to say really,are you in england now and your wife in usa?,if so ,she will have to apply for you to re-enter as a k-3 spouse,thats what i had to do after i got married,i had to come home due to family illness and she sorted it out there.it takes along while ,any previous convictions have to be owned up to and you will need a copy of your police record,even if it is clean.you will more than likely get refused for overstaying,i did and because of my police record.good luck,let me know if i can advise on anything,i understand what you are going through.my wife is here as well and is pretty good with u.s. stuff.let us know ,maybe you would like to chat on the phone/,thanks,andy.

andy1

hi boiler,k-3 was issued with a waiver,refused initially in london but had to explain what i did and hardshipsps etc,similar to i601.what is ir1?looked on uscis site and cant find it.wolves ,30 years and still suffering!!!!