Wow... I had no idea that could happen. I thought overstays were always waiverable. This whole process is just too cruel... even when it goes smoothly. The stress. The separations. The expense. I read somewhere that they just hope we all give up. Some of the waiting periods are meant to cause people to give up.

mary

Tiff,

That was why Tom wrote to the court last fall. We assumed there would be a transcription of the proceedings. They wrote back and said they had nothing more than we already had on the police record and the court report. It as a very informal, casually written letter. Basically they implied it was so long ago no one should care. It was only a magistrate court. That was one reason we never worried at first about the incident. Serious crimes are sent to a higher court.

Mary

New Orleans Bound---you overstayed for 191 days and that's it? You didnt commit a crime? You didnt commit fraud? You just overstayed? What visa? Was it a tourist visa or what? I am just trying to understand why Montreal wont let you file a waiver...that makes no sense. An overstay of more than 180 days but less than a year is punishable by a three year ban, yes? That should be waiverable, correct? Anyway I wish you luck and hope you get to file soon!

Mary I pm'ed you...hang in there lady!!!! We are snoopies on this board (heck I am the biggest one of all!) and we are determined..that means we'll get to the bottom of this jar!

Hey Tiff,

Just checked that tracking service aswell and there we are, at the top of the table! 3/7/2006 as our received date!

I guess we will both be hopefully hearing "good news" around the same time then Tiff? (end of May?).

Our wedding is on the 18th of July so hopefully things should work out with the timing!

keeping everything crossed for us!

Paul, that's awesome! I really am hoping for the 12 weeks, not the 15, as our date is the 15th of July! We figured that was plenty of time to get him here. If I can ask, where are you moving to? I'm here in Denver. I told Cas he may be a bit unprepared for what "cold" really is. I've been there in December/January and it's a little cold, but nothing like Colorado. Anyway, at least we have a date certain to start the countdown from now, right? Now I guess I can settle down and wait, something I'm not very good at, but shall get some great practice on.
Tiff

Still no news today......

Hay guys..
Had pc problems here of late ..new hard drive mother board ect...
Im still here in the uk.... ..its a work, cash, and home stuff at the moment holding me back......ill be going home to the usa very soon soon.. i cant wait

I just cant understand of why on earth its taken so bloody long for yall guys waivers....this is just crap on top of crap...

great topics and info guys....keep it up! and feed what ever info you have on the forum please

Nigel

Misty..congrats on ya passport...ya on ya way girl...are you still going to the sunshine state...if so ill love to hook up with ya when im back in Florida...

No Nigel...no FL for me as of yet...they want unreasonable amounts of cash in the bank before you can rent anything, and to top it all off Wilma ruined so many houses that it's a little short now. So me and the kids are staying with my mother in NC until we can decide something. The original plan was for us to stay up there until June and re-assess our situation but I dont think 3 months is going to be enough time to save up the amount of money these people are referring to. So I dont know. I hope something is decided before August, because I'd like to start school and I dont want my children to have to change schools in a moment's notice.

But yeah....we're finally outta here on March 12th! I cant wait but to be honest I am already suffering from anxiety. I just hope I can manage this!

Hi Tiff,

I'll be heading off to sunny California, a beautiful state from what I've seen so far, and great for us marine biologists. No offence but I'd die if I wasn't near the sea!

I'm based back in Liverpool UK, and beleive me at the moment I could sure do with some SUN, it's horrible, wet and cold here!

Yeah I'm pretty sure that's the final date now to count down from. I guess we'll be sitting this one out together eh? Just keep busy and don't look at the calender (easier said than done!)

Nigel, good to hear from you mate, I always think of you as the head honcho here! Misty, you're a very close second!

it'll be strange when you both are off US bound!

Jpkeswim, I feel for you, it really taking some time isn't it?

Nigel, I thought London was supposed to be improving/ speeding their times up? It seems like the opposite is happening?

to everyone!

Still NO news today! John had a headache every evening because he sat at home waiting for the phone to ring. I am glad he is going to Wales today to see his childhood friend. He said the weather was wet and cold. I am glad he is getting out of the house. The wedding is suppose to be in 7 weeks!!!! I have the invitations waiting at home to be sent out. We don't want to send them in case we have to cancel the wedding! The shower is in 2 weeks, still having it even if we have to move to England. I sure hope that is not the case.....

Misty hope everything goes well with the move to the states....I sure hope it is bearable living with your mother. I think I would want to kill my mother after a few weeks!

Nigel good luck on selling the house. John decided to sell his house once we know for sure. His next door neighbors want to buy it anyway. Hopefully we can do the paperwork while he is over here.

god it's quiet in here!

sorry to hear you still have no news jpkeswim, the wait must be killing you

Paul

Hi Guys..

Paul..Thanks mate... and i know it just crazy of the hold up here with them bloody waivers...i just cant for the life of me of why on earth do they take so long... its not as if there up the wall with waivers as i seen on the london Embassy web site for waivers...i think i seen about 8/10 cases pending and a few of them was not UKc...its just bloody madness if ya ask me...

But when i do get back to the usa here soon paul im still going to be active in this forum....well maybe not straight away as i got a few things to get out of my system when i get back to the wife wink wink ya know what i mean...if you dont the pope will for sure

Jpkeswim....Thanks a lot but one of several reasons im still here is that im waiting on this re-morgage stuff..i just switching my home loan to another lender and to wait for that stuff to be signed/sorted....

Im not selling at this time, but sometime in the future as i would like to buy a villa in orlando as a investment/holiday home ...this was my plan 2 yrs ago when i was buying a new build 2000 SQ Ft 4/3 bath/pool and 10 mins from disney....i had the plans and contract to sign but when i tryed to go over to the usa back then...thats when they sent me back..so i backed out of that contract/home....i did'nt wanted to, but i felt it was best until this immigration stuff was sorted.
But yep...short term i shall rent this uk home...but long term ill be going back to my plan..when i find a new build like i did before...by doing this way then i can have a good look around and feel correct about everything..

Everyone.....i sure hope they pull there fingers out and have some good news in this Forum....cas bloody hell we need/deserve some after what has gone on here lately... .

So... Staff at the London Embassy..........GIVE US SOME GOOD NEWS NEXT WK PLEASEEEEEEEEEEEEEEEEEEEEEEEE!

best wishes...

Nigel/Family...XXX

ps...
Keep up the Good work everybody im well proud of you all for the inputs you give to each other...and the last 2wks proves that to me....

STILL NO NEWS!!!! I WAS REALLY HOPING IT WAS GOING TO BE TODAY!

That really sucks!! I was so sure it would be today too! You should start harrassing them with emails now! it's been within the timeframe they told you. Don't they know you're trying to plan your future?

I'm dying of curiosity to know what in the world is taking them so long?!! How long does it really take to decide whether someone meets the criteria or not? It's not as if they've got thousands to work on. We're only a week in and already I'm having a hard time being patient!

Anyway, sorry for my rant. I just hope you hear something really soon.
Tiff

Let's just pray it will be this week and I will be happy!!!! Tomorrow will be the start of the 13th week! Only 6.5 weeks till the wedding! AHHHHH!

no news!

I just saw on the immigrate2us website that there was someone from IceLand out of the London office that got approved today...... She said it took 14 weeks.....I don't know if that is from the initial on from what they go by. Because if it is from the day I handed it to them ours is also 14 weeks. URG! So frustrating....

I can't believe that! You're going to hear something any day now, I just know it. So is your fiance all packed and ready to leave as soon as he hears? We've set our date for the 15th of July, hoping that will be enough time! But really hard to plan a wedding without a for sure approval. Cas is going to be ready to go as soon as he hears, though... at least he better be or there may be some English butt being kicked!
I'm hoping good things for you!
Tiff

Can't sleep because of all the thoughts going round and round in my head. I am worried that I screwed this up. I wrote to them on February 16th asking about our case. Got the standard reply back the next day... but then that denial we got on March 3rd was dated February 28th. What if the email I wrote caused them to take a look at it and the wrong person did the processing. What if it was meant to be done by whoever had ok'd us for submitting it but then it got moved because of my email.

The reason that I am thinking this is because our case when into the system only 4 days before jpkeswim's did. The fact that they have now waited longer.... we heard at 12 weeks and they are already at 13 weeks, makes me wonder. I think I messed up the whole thing with that email.

I am so stressed right now. Thoughts of all the things waiting for me in Michigan are crowding in. I feel like my head will explode. How do I manage to get rid of soooooo much stuff? I thought maybe I could keep my cds at least (I have 4000 cds and music is one of our biggest interests) but I had lunch yesterday with a woman who moved here to London from Indiana and she said it cost $5000 to send her stuff and she really didnt send much. Not as much as I was hoping to send. I have a feeling it will take me months to sort through everything and try to get what money I can. Been checking prices here and what I can get for my house in the states will be almost no help at all for buying something here

This is killing me... we had that house to live in. We had all the household goods we could ever need. We had family. Friends.

I cannot bear the separation ahead. I am so exhausted and discouraged that I don't know how I will accomplish what needs to be done. How do I leave behind a whole life... a life I wanted to share with Tom.

mary

Mary - you didn't mess up. Don't think that and don't take blame for things outside of your control. The lawyer you consulted told you before he didn't think you would be allowed to waiver, so NOTHING you did - sending a simple enquiry mail - could have prevented them from making the decision they made.
Btw - I don't know if this suggestion is helpful or not (and I don't know if you've already been down this route) but was Tom's case reported in any local newspaper? If so maybe you could check and see if they gave any details (they keep all newspaper records on micro-fiche usually at the local library (local to the area of the court or the location of the offence).
Have you been in touch with local immigration (at the place this occurred) to see if THEY have any records you could get copies of that might be helpful?
If nothing works, at least you KNOW the 2 of you will have a life in the UK - it may take longer to get on your feet but you WILL do it. Look at the tenacity with which the 2 of you have dealt with this waiver business - you WILL have a good life together wherever that is, and I have no doubt that you WILL make it work.
Many hugs and blessings to you both

Thanks. I am really struggling right now. I feel like I have no fight left in me and have let tom down. I should have called or written the embassy. Called a congressman. Called the press. Something. Instead I just stayed exhausted and depressed and now its too late to do anything.

As for the local newspaper where the incident happened in wales... I highly doubt anything was reported. The incident seemed like nothing at the time. A small amount of marijuana found in a car. When they went for the court date, the judge acted annoyed with the customs guys for taking up court time with such a "trivial" matter. The court lawyer said it was nothing. Even the police at the station where customs took them said not to worry..it was nothing. Sometimes my mind just reels when I think of how "nothing" will now affect the rest of our lives and that of my kids and grandkids. My grandchildren would have been lucky to have us in their lives. Now they cannot.

We tried to get more detailed records from the court and none exist. Dead end. And that is what hurt us in the end... the fact that the court or police never bothered to weigh anything and never bothered to record the fact that the case was treated as personal possession. Obviously he never should have agreed to plead guilty.. never should have let himself be intimidated into it. Hindsight....

When that lawyer told tom that we would not be given the opportunity to file a waiver petition, he also said that if he was to tell this story to any american that american would find it impossible to believe that there was no way around this. I know that was my initial reaction and that of anyone back home that I told. Everyone just said to not worry... there was no way that we would be denied. For a while we looked forward to telling that lawyer he was mistaken.

As far as having a life in the UK... yes we will be together. Our love and committment has never been in question. There will be a huge cost though. I lose everything back home... family, home, friends. And tom will have to commute for an hour on a motorscooter just to get to work from the area where we will be able to afford to live. We cannot stay in this two room flat with no kitchen forever! Its that commute that upsets me the most right now. Adding that onto the days when he has to do 16 hour shifts... that is inhumane. Never even thought of putting that into the hardship letter... not that they even considered the hardship letters.

mary

Mary, have you considered at all getting the press involved? I'm not joking. You say that no American could believe there's no way around it, and you're probably right. Someone has the power to pull strings on this, if the right kind of pressure is applied.

No news again today!

Only 6+ weeks until the wedding. The minute they give him the APPROVAL he is quitting his job and taking care of all the small things he needs too! I hope it is this week! I just keep praying. My best friend is getting married on April 1 and I really want him there for her wedding. Let's just keep praying it all works out!

Mary&Tom - I don't think my case has anything to do with yours. Maybe mine is taking longer because we had so many hardship letters from our friends, family and co-workers. Plus John had a long overstay and I am sure they had to get his records from the states. I don't know! I really wish I knew how the government worked sometime. This is all very draining!

This is crazy. When we had our interview the end of November they said waivers were taking 2 months to process. Yes it is draining.

I know the cases don't have anything to do with each other... I just thought they were all meant to take the same amount of time. I was worried that my email asking for anwers might have pushed them into just hurrying up and saying no instead of figuring out how to say yes. I did more than inquire about the status of our case. I told them Tom had scheduled a holiday thinking we would have our answer by early February and that we had hoped to be free to visit Scotland rather than have to sit by the phone everyday. We never went to Scotland. Instead we stuck close to home ... waiting for the news. We received the letter the day he went back to work. Didn't really take full advantage of his 11 day holiday. Oh... he did take delivery during that time on flight cases for his music keyboards and sound mixer and packed them up Guess those were a waste of money.

I really can't think clearly anymore. I have never in my life had problems with depression until now.

mary

Hay mary....have you thought of getting married in London then after go for DCF? the reason i say this because a new case and different story to your case....being married can/will carry more weight to your case..
Just thinking out load here...

not allowed to marry him here... i have to go back to the states and apply for a fiancee visa

even if i could marry him here i imagine i would have to leave when the six months ends (when I came in on the VWP in November they stamped my passport that I can stay six months)

also we can't afford to maintain residence here and in the states for much longer... I know the person who is looking after my big empty house there is getting tired of doing it. I had to pay winter heating bills there even though the house was empty because you cannot leave a house in michigan unheated in the winter.

I will have to go back and try to get rid of everything, get the fiancee visa and come back. Tonight I will try to change my return flight to early May. There is no way I can leave next Tuesday. Its much too soon to be separated after suffereing this blow.

being married won't help this case though... it said we were denied strictly because of the wording of the charge... thats all... I was a qualified "relative" but my hardships were not considered due to us being ineligible for a waiver.

mary

Hm. I don't know if that would be the case. I don't know why you couldn't marry as long as you go back (probably still by the date stamped in the passport).

Why do that? Well, you'd be married - it might feel better - I don't know - might feel worse. I have no idea if the spousal visa might be quicker than the fiance' - supposedly if you go to a british consulate in the US in person, a spousal visa can be granted in one day. If you can't physically go to one of those locations, I believe the spousal visa can be filed online.

Is there a british equivalent of adjustment of status without having filed a family visa, as there is in the US? Lord knows that if there is, everybody on here could testify you had no intention of marrying and living in the UK when you arrived.

Rebecca - since Feb 05 you are legally required to have a fiance visa to get married in the UK, you can't do it on a tourist visa. A few years ago you could get the fiance visa by hopping over to Amersterdam or Paris and getting it from the consulate there and returning, but that might have changed with the new law.

Well, that sux. You can't even get married and go home?

that is why I said we can't get married here now... I already knew that except I thought the change had been last april.

i just wish we had married in the states during one of his visits last year and then applied for me to come here.... i wish we had never applied for the K1 because now he can never reenter the states... not even to help me pack up

mary

can't get a marriage license... or whatever the equivalent would be here... no one would marry us.

mary

Mannnnn....This system sucks ...Not only they tell you who you can and can not get married to but also tell you when and where.....Bloddy hell have you thought about getting married to the Goverment?
The hole thing bloody stinks...it really do. ..Land of the free huh? what a joke
and the way they treat USc.. well say no more....

I sure hope we get some good news this wk..this is getting a bit

well its the UK that won't allow us to marry here and now. at least in the usa you can run off and get married anywhere at any time... just might not be able to stay

there are a few reasons (most of them decidedly unromantic such as having nhs coverage) whyi would like to get married here before going back... but we can't


mary

Well, could you go ahead and file the fiance' visa petition while you are over there, or is that not permitted? We filed our K-1 when Wes was with me in the States last May. That way you would at least be together during some of THAT process. Might help take the edge off of things some?

We were denied...yesterday !!!

I am so very sorry to hear such bad news, I have no idea what you must be feeling but my heart goes out to you,

Aw, hell, I'm sorry.

*hugs*

OMG!!! my blood just ran cold. I know how numb you are feeling

I had a really bad feeling when you didn't check in yesterday

mary

So sorry to hear that, we dont know the procedure with waivers but our hearts go out to you!!

Jahan & Christine

Well John has a 10-year bar now. So we have 2 options, try to file for a appeal or marry and then file the k-1 again. I think I am going to move there in the next few weeks and then file for the k-1 again after we get married. This time we are going to file without the help of the lawyer. I think I could do it on my own.

Sorry to hear about your denial. Sounds like your keeping a positive attitude and planning to keep things going in a positive direction. I'm sure I have no idea how hard it is to receive such a life altering decision but hopefully you can work through it and keep trying. I'm sure you will do a much better job filing again on your own.


Best wishes to you
Baileyj

j., you can't file the K-1 again once you're married. You'll need to go for a spousal visa if you get married and want to try again. Just so you know.

Yes, we will file a spousal visa....thiis really stinks though!

*lost for words*

Jpkeswim, that really sucks!! I can hardly believe it. I was also thinking about you yesterday, but I didn't think it would be bad news. Sort of freaks me out, making me worry all over again, rethinking everything we put in our letter and is it enough. This whole process is so hard! Comforting to have others going through it alongside you. I hope things work out for you guys.
Tiff

I just cant beleive it ...im just lost for Fxxxxxxx words...
Im so sorry..im really am

Ok i see you got your thinking head on....

Ist... appeal waiver M.T.R. But takes anything from 6/12 mths in WASHINTON DC, contact L.scott she can do if you like with a good track record

2nd...way..get married here in the uk and DCF K3 petition after you get married..(without a lawyer) not sure how long you must live in the uk before you can DCF but even so wherever you file here in the uk or usa you can still go for a k3 or i130 petition...130 is better than the k3 i think anyway..

3rd live in the Uk until bar is up...

I wanted to ask did they write to you saying it was 10 yr bar or you just think it is?

Whatever you both decide i wish you all the best and have my backing!

Im so sorry this has happened

This is a sucky, crappy system they have in place....

Best wishes whatever you decide.. But Dont give up your love!

Jeez, I'm really sorry to read that has happened. My heartfelt sympathy to you. I hope you can turn this around somehow.

They told us it was a 10-year bar in our nice denial letter! It seemed like the took it against us cause we weren't married yet. They called it "speculative conjecture". They said that john had no respect to the US government since he had not attempted to get legal residency before. But yes he had but the lawyer said there was nothing they could do for him - which we found out there was something they could do. They said yes he was brought over as a child but once he reached 18 he could of moved back to the UK and he could of made his own decisions. Well now we have to do all this on our own this time without the lawyer. We are broke now and don't have enough money to hire another lawyer. Our had no respect, they originally told us one amount and we ended up paying 3 times that amount!!!! Well have a good weekend! BTW they said that our hardships weren't extreme!