Visa denial then Spouse visa ?

[skinacat 0]

Hi everyone, I hope I'm posting this in the right place. My boyfriend's first visa was cancelled and he was removed. HIs second application was just denied. It was not a spouse or fiance visa-but a regular visa. Without a visa we have no real way to be together. I have been working with a lawyer and although she has one or two more ideas-she is not very hopeful he can ever get a visa again. (and yes I am being somewhat vague on purpose-)

Now that he can't come here the only way we can have a relationship is to get married sooner than we had planned.....

my question is this: if we get married and apply for a spouse visa will it be denied bc they will assume he had other intentions when he filed for the last visa? I read somewhere that this is the logic. I have asked 3 lawyers and two have said no they can't do this, and one lawyer and the website said yes they can deny for that reason.

Does anyone have any real experience with this? Has anyone done this and it's been fine?

I would really appreciate any input-this is our only hope at this point. I would be happy to have any answers or take this to a regular email for more details.

[Karee 4,189]

Hi everyone, I hope I'm posting this in the right place. My boyfriend's first visa was cancelled and he was removed. HIs second application was just denied. It was not a spouse or fiance visa-but a regular visa. Without a visa we have no real way to be together. I have been working with a lawyer and although she has one or two more ideas-she is not very hopeful he can ever get a visa again. (and yes I am being somewhat vague on purpose-)

Now that he can't come here the only way we can have a relationship is to get married sooner than we had planned.....

my question is this: if we get married and apply for a spouse visa will it be denied bc they will assume he had other intentions when he filed for the last visa? I read somewhere that this is the logic. I have asked 3 lawyers and two have said no they can't do this, and one lawyer and the website said yes they can deny for that reason.

Does anyone have any real experience with this? Has anyone done this and it's been fine?

I would really appreciate any input-this is our only hope at this point. I would be happy to have any answers or take this to a regular email for more details.

This is very vague. Why was he removed?

[Inky 1,110]

Your going to have to tell more to get proper answers and help.

Everything that happened can affect the spousal visa in some way if its negative, he was removed from the US? and was denied visas? need to know why. Does he have a ban from being removed? The same problems that caused the denial/removal before could be reason to deny the spousal visa as well.

[Anh map 2,098]

Getting married does not trump a ban on entry into the US.

If you do not share the relevant details here you can't hope to get relevant feedback.

You've already received guidance from one attorney. Why not seek an opinion from another attorney if you question the advice given by atty #1?

[Jojo92122 1,924]

Getting married does not trump a ban on entry into the US.

If you do not share the relevant details here you can't hope to get relevant feedback.

You've already received guidance from one attorney. Why not seek an opinion from another attorney if you question the advice given by atty #1?

Completely true.

Marriage to a US citizen DOES NOT give a foreign spouse the right enter and live in the US. That is why the foreign spouse have to get permission through the immigration process. If the foreign spouse was removed from the US, the foreign spouse can be permanently ban from ever coming back.

Details matters. If you don't want to share the details, you are not going to get much help since we will not fully understand your situation.

[skinacat 0]

Your going to have to tell more to get proper answers and help.

Everything that happened can affect the spousal visa in some way if its negative, he was removed from the US? and was denied visas? need to know why. Does he have a ban from being removed? The same problems that caused the denial/removal before could be reason to deny the spousal visa as well.

He was removed for an overstay of less than 7 days-which was my mistake-bc I bought the return ticket. There is NO ban on a few days' overstay- yet when he reapplied his next visa application was denied. Verbally he was told at the embassy it was due to the overstay. However in the letter from the embassy it said he did not prove ties to his country. He did bring papers proving home ownership, land ownership, a business, children, etc but was refused as soon as his bar code number was read by the officer-without any further questions really. He attempted to show some of these documents and was waived away. Hence there wasn't an opportunity to show them. He was also told he was denied BECAUSE his last visa was cancelled. I can't figure out what the logic is bc his overstay was clearly an error-and there is no bar on less than 180 days.

As I said I have contacted several lawyers and the answers vary. Mostly they are "mystified" about why he would be denied. They all agree that usually for an obvious mistake then a waiver of inadmissiblity and an explanation of what happened usually suffice.

Can anyone shed any light on this? Is there a minimum wait period after a visa cancellation?

Thanks

skinacat

[skinacat 0]

Getting married does not trump a ban on entry into the US.

If you do not share the relevant details here you can't hope to get relevant feedback.

You've already received guidance from one attorney. Why not seek an opinion from another attorney if you question the advice given by atty #1?

Thanks for your reply. Really I have spoken to three attorneys and will speak to another one next week also I'v done a lot of reading here and other sites. The answers are all different regarding the spouse visa That's why I posted here-hoping someone has some direct experience or knows something more.

[Crazyaboutyou 0]

Hi everyone, I hope I'm posting this in the right place. My boyfriend's first visa was cancelled and he was removed. HIs second application was just denied. It was not a spouse or fiance visa-but a regular visa. Without a visa we have no real way to be together. I have been working with a lawyer and although she has one or two more ideas-she is not very hopeful he can ever get a visa again. (and yes I am being somewhat vague on purpose-)

Now that he can't come here the only way we can have a relationship is to get married sooner than we had planned.....

my question is this: if we get married and apply for a spouse visa will it be denied bc they will assume he had other intentions when he filed for the last visa? I read somewhere that this is the logic. I have asked 3 lawyers and two have said no they can't do this, and one lawyer and the website said yes they can deny for that reason.

Does anyone have any real experience with this? Has anyone done this and it's been fine?

I would really appreciate any input-this is our only hope at this point. I would be happy to have any answers or take this to a regular email for more details.

WHAT CATEGORY OF VISA ARE YOU TALKING ABOUT??? TOURIST VISA? if so this not the right forum!!

Edited July 14, 2011 by Crazyaboutyou

[davidlemon 0]

Skincat. your OP is rather confusing to me.

You state that your BF visa was cancelled and he was removed, however you later state that he was an overstay.

If your BF had an overstay, his visa was not cancelled. IT EXPIRED. As an overstay there is automatically a black mark on his file. Secondly you state that he was sent home, this after 7 days of overstay means that he did not leave the country voluntarily. Again this is another black mark on his file.

There is a ban on overstays, and not sure of the validity of 180 days, as that is twice the length of the VWP. The fact that he keeps getting denied backs this up.

[skinacat 0]

WHAT CATEGORY OF VISA ARE YOU TALKING ABOUT??? TOURIST VISA? if so this not the right forum!!

thanks for your reply. My question in the original post here was about the spouse visa.

[skinacat 0]

Skincat. your OP is rather confusing to me.

You state that your BF visa was cancelled and he was removed, however you later state that he was an overstay.

If your BF had an overstay, his visa was not cancelled. IT EXPIRED. As an overstay there is automatically a black mark on his file. Secondly you state that he was sent home, this after 7 days of overstay means that he did not leave the country voluntarily. Again this is another black mark on his file.

There is a ban on overstays, and not sure of the validity of 180 days, as that is twice the length of the VWP. The fact that he keeps getting denied backs this up.

SORRY about the confusion. His visa did not expire. He made several trips to the US. On the final one they concluded he had overstayed A FEW YEARS AGO by a few days. And at that point they cancelled his visa at the point of entry. He has always left the country at the end of the time allotted except for this mistake. There was never any intention to overstay and there certainly was no gain from it.

The next time he applied for a visa -with a waiver-he was denied outright-supposidly based on the visa cancellation/removal.

Sorry about the confusion.

But my question is this: Since he was denied this last visa can we later apply for a spouse visa? I realize we will have to overcome the inadmissiblity also. OR will he be denied a spouse visa because he applied for this one and they will conclude he was not truthful about his intentions for this visa.

[skinacat 0]

Ok thanks everyone. I got the answer about how the application for the spouse visa would be viewed after a denial of the other visa. I was right in my predictions about this.