VisaJourney.com > Waiver London please help!!!!!!!!!!!!

Loulou

Mar 30 2006, 10:59 AM

Hi All,

We really need your help as we are at loss as to where to start. I was refused a non immigrant visa due to a misunderstanding between the Consular and I last year at the American embassy. I was arrested in America in 2002 over shoplifting charges (petit larceny) but the case against me was dismissed in court. When I went for the interview I believe I was almost issued with the visa, but at the last finger printing the Consular told me there was a hit. She then asked me if I have ever had any immigration problems in the US and I responded no (In all honesty I knew I had never encountered any immigration problem) and thought since the case against me was dismissed I said no. I was given a letter to say the embassy would be carrying further investigations and they will contact me. I received a letter six weeks after which said I was ineligible for a non immigration because I was arrested.

To cut a long story short I will be marrying my American fiancee who has been living here in the UK for twelve years next month and we would like to move to America in July. We would like to file for DCF (Direct Consular Filing). My questions are: do I file for a waiver before we send in my 1-130 or after the petition has been approved? and also how do I go about the waiver. Your comments and help would be very much appreciated since we don't know where to start. Also any views on how to go about our DCF will also be appreciated. How long does the whole DCF process take in London. Thanks

Boiler

Mar 30 2006, 11:12 AM

Can not see why you need a waiver, are they suggesting misrepresentation on your previous application.

There is a DCF board here, DCF is fast but July might be pushing it.

rkl57

Mar 30 2006, 02:58 PM

If the fiance has only been in te UK for 12 months he probably does not have indefinite leave to remain (ILR) and would not be eligible for DCF

Boiler

Mar 30 2006, 03:03 PM

QUOTE(robinklake @ Mar 30 2006, 12:58 PM)

If the fiance has only been in te UK for 12 months he probably does not have indefinite leave to remain (ILR) and would not be eligible for DCF

12 years not months.

Loulou

Mar 31 2006, 03:29 AM

QUOTE(Loulou @ Mar 30 2006, 10:59 AM)

Hi All,

We really need your help as we are at loss as to where to start. I was refused a non immigrant visa due to a misunderstanding between the Consular and I last year at the American embassy. I was arrested in America in 2002 over shoplifting charges (petit larceny) but the case against me was dismissed in court. When I went for the interview I believe I was almost issued with the visa, but at the last finger printing the Consular told me there was a hit. She then asked me if I have ever had any immigration problems in the US and I responded no (In all honesty I knew I had never encountered any immigration problem) and thought since the case against me was dismissed I said no. I was given a letter to say the embassy would be carrying further investigations and they will contact me. I received a letter six weeks after which said I was ineligible for a non immigration because I was arrested.

To cut a long story short I will be marrying my American fiancee who has been living here in the UK for twelve years next month and we would like to move to America in July. We would like to file for DCF (Direct Consular Filing). My questions are: do I file for a waiver before we send in my 1-130 or after the petition has been approved? and also how do I go about the waiver. Your comments and help would be very much appreciated since we don't know where to start. Also any views on how to go about our DCF will also be appreciated. How long does the whole DCF process take in London. Thanks

That is correct they are saying I'll have to apply for a waiver as I am ineligible due to misrepresentation. I meant my fiancee and I will be marrying next month and he does have indefinite in the UK. Thanks

munchkins

Mar 31 2006, 03:41 AM

LouLou, sorry I cannot help you on this one but would just like to say good luck with your journey

Boiler

Mar 31 2006, 10:37 AM

Then you will be setting a record if you get your Visa by July.

Have your waiver ready, excellent source of examples on www.immigrate2us.net.