My Montreal Experience

[ZansGirl 0]

only thing I can come up with would be the domicile thing...but wouldn't they have just said that?? This sucks for you hisgirl, and I really really hope things go your way soon!!

[trailmix 77]

only thing I can come up with would be the domicile thing...but wouldn't they have just said that?? This sucks for you hisgirl, and I really really hope things go your way soon!!

You mean the affidavit of support? He is domiciled in the U.S.

[Flames9_RN 358]

Possibly write to HIS congress person on his behalf!!

[ZansGirl 0]

You mean the affidavit of support? He is domiciled in the U.S.

no..I meant...if he is incarcerated...how can he prove he has a home?? I mean...when she moves...she has to go somewhere right?? As well as how long he is to be incarcerated for... seeing as they are married...yet are forbidden to reside together..maybe the issue is proving validity of the marriage when it comes time for ROC?? And yea I guess the support is something as well..although he may have family helping...

it looks like one of those grey areas...I really feel for both of them....

[Holliday 4]

Oh boo! I'm so sorry to hear all this! I really wish I had some helpful advice, and I sincerely hope that things will work out well for you.

[Hugglebuggles 60]

So sorry for your problems hisgirl!

I was worried you were going to come back and say you have an extensive criminal history, because that certainly is grounds for a visa denial. So, the goods is that there really is no law explicitly stating that someone in prison can't file a visa petition on behalf of his/her spouse, and its not something you'll need to file a waiver for and wait on. I know it must be hard but try to keep your chin up! There is still a good chance your visa will be approved.

For the record, I know a girl that has been waiting 8 years for her fiance to get out of jail so they can begin their lives together. The heart wants what it wants. People make mistakes but life goes on and everyone deserves a chance to be with the one they love I wish you luck!

[zenaxe 22]

I'm sorry to hear of your situation and hope you guys can resolve this matter.

I assume the consulate staff looking into the 'legal research' is about trying to find legal precedence, or another case where this has been approved. It's quite complex by the sound of this.

I have two questions with respect to this situation. How did the NVC pass the aff of support? In other words, how could his income meet the threshold if he's incarcerated; and how would you be in a position to have the conditions removed from the CR 1 and show you've been living together for two years. Unless I misunderstood and you've been married more than two years.

Good luck.

[MrsCat 6]

Was the application denied due to the Adam Walsh Act?

[Allie 5]

So sorry for your problems hisgirl!

I was worried you were going to come back and say you have an extensive criminal history, because that certainly is grounds for a visa denial. So, the goods is that there really is no law explicitly stating that someone in prison can't file a visa petition on behalf of his/her spouse, and its not something you'll need to file a waiver for and wait on. I know it must be hard but try to keep your chin up! There is still a good chance your visa will be approved.

For the record, I know a girl that has been waiting 8 years for her fiance to get out of jail so they can begin their lives together. The heart wants what it wants. People make mistakes but life goes on and everyone deserves a chance to be with the one they love I wish you luck!

She doesn't have an extensive criminal history.

I have never been denied at the border, nor has my husband. I have never been arrested, do not have a criminal record, do not take drugs and am in perfect health.

The lady who interviewed me was very vague about why she thought that if she gave me the visa it would be denied at the border. She just wouldn't tell me and she was not answering any of my questions!

Okay let me tell you why I think we are running into these problems....my husband has quite a criminal history. He is in prison right now and will not be released for another 2 years. Since the initial petition, we made it very clear that

[HisGirl 0]

We had his father be our co-sponser and submitted papers from his job that he has and his pay stubs from prison to explain why he has not filed taxes and why we need a co-sponsor. Everything was so clear to them!

Our case does not fall under the Adam Walsh Act. His crime has nothing to do with sex, sex with minors, homicide or drugs, he is in prison for a non-violent crime.

If I have to wait another 2 years and then apply again, then that is what we have to do, but we are definitely going to look into appealing or trying to find a waiver that fits our case.

[Lenie7 0]

Sorry to hear about your situation, HisGirl.

I read on a legal advice website (where questions are answered by practicing attorneys) that there may be a problem with the fact that your husband was incarcerated at the time of your interview. Otherwise, he would be eligible to file and bring you to the U.S. without restriction. I don't think that you will necessarily be denied, but I believe they may have a right to deny you based on that. I wish you luck!

We had his father be our co-sponser and submitted papers from his job that he has and his pay stubs from prison to explain why he has not filed taxes and why we need a co-sponsor. Everything was so clear to them!

Our case does not fall under the Adam Walsh Act. His crime has nothing to do with sex, sex with minors, homicide or drugs, he is in prison for a non-violent crime.

If I have to wait another 2 years and then apply again, then that is what we have to do, but we are definitely going to look into appealing or trying to find a waiver that fits our case.

[lgg 2]

hey Hisgirl... first off, thanks for being open about what your hold up is. Second, no one is here to judge you or castigate you -- we're here to support you on your journey.

SOrry that you've encountered this hiccup but like most things, you can and will get over over.

I wish you luck and I hope that this resolves for you guys and like you said, if you have to apply again in two years, then that's what you'll do...

All the best to you.

LGG

[SunDrop 59]

I would do some research into human rights groups in the US, specialising in inmates' rights, who might be interested in your case.

I'd have to do more research but several years ago, I looked into USC's rights to petition a foreign fiance/ spouse with a criminal record for a friend. If my memory serves me right, those who fall under Adam Walsh have a difficult road but I don't remember the particulars if the USC is still incarcerated, as her fiance wasn't.

[mox 298]

If my memory serves me right, those who fall under Adam Walsh have a difficult road but I don't remember the particulars if the USC is still incarcerated, as her fiance wasn't.

She's already stated that her case doesn't fall under the Adam Walsh act, so I'm not sure why you think it's relevant.

[antda 13]

HisGirl-Sorry to hear about your situation and denial at your Montreal interview, even though you told them of the situation beforehand. Nevertheless, I hope that they do get it sorted out and that you are reunited with your loved one as soon as possible. Thanks for being honest and open about it here on vj too. Love comes in all forms and ways, and nobody should judge whether or not one situation is better than the other. As long as you and your significant other love each other, than so be it.....Good luck with the rest of your journey too.

Ant

Hey Everyone,

I wasn't sure if I should even post this topic because my case and circumstances does not really apply to everyone else, but I just thought I would say what happened if you were wondering.

I got to the consulate before 7am and got the letter 'A'. Everything was pretty quick, I was having my interview at around 9:30am.

I brought lots of pictures, phone logs, letters, and email print-outs but she would not look at my husbands phone records because I did not bring something showing that the number he was calling was mine, like my cellphone bill. Then I couldn't pass her the letters because she said she could not look at anything in an envelope. Okay whatever, she looked at the emails and the many photographs I had of me and my husband and me and my husband's family and she seemed satisfied with that. I gave her receipts and car rental stuff from each time I visited. She seemed satisfied with that as well. She said she is going to scan the photos and copy the receipts and come back.

She is gone for what seemed like forever and then she comes back and tells me that she cannot approve the visa. She got really impatient with me at that point and just wanted me out of there. I am in administrative processing because she has to do some 'legal research'. She gives me a little orange coupon and tells me to come back at 3pm. Right then I knew that I am going to be denied.

There are some complex things to our case that none of you here are having to deal with so I am not going to even mention it, but what really upsets me is that those facts were very clear from the start of our petition! Why have us waste all this time and money just to deny us at the very end? Kind of cruel.

Anyways, I am crying all over Montreal until I have to go back at 3pm and when I do I am standing and waiting at window 12 for her for a long time. She finally comes to the window and says she still does not have an answer. That she will get back to me in 2 days. I get her name and ask if I can email the consulate and find out whats going on at that time. She then says it will probably be more like 2-3 weeks. Whatever.

She was not answering any of my questions, I think 3pm is the finish of their workday so she bascially just wanted to get rid of me. I told her that this visa is to reunite families and she said it is but that she does not want to issue a visa that will not be honored at the border. I got my passport back which I am assuming is a bad sign.

I want to hope that I will get an approval, but I know that it probably won't happen.

Edited January 23, 2010 by Ant+D+BabyA