Visa Denied

[MsSheka 0]

Dear Mrs Hamilton...i'm sorry to hear about this. Believe me ....very sorry.

Sorry more to report our denial as well. Several problems.....on the denial letter, they checked the box for 212(a)(1)..health related grounds, nothing more. (!????????????????????????) on another form, a BLUE SLIP.... they ask him to return with police certificate box checked and at the bottom handwritten: I-601, 2 G325a forms, hardship letter "suggested joint sponsor earning 70K+". that request makes me think they thought he was applying for his 2 17year old sons, which he is not doing....they'll be 18 before this is ever completed. SO...we wonder about the medical report, very worried....as he had to have a blood transfusion during the past year....also, the people at the Hope clinic are not cool..don't trust them, don't trust the report they sent, and since they won't provide copies to us...we are now retesting with a private doctor...God be merciful that they have made some grievous errors!! Still waiting on the expunged police record...for what it's worth.

So, i'm with you girl...and thinking of my next trip ASAP , and maybe TO hell with this whole "coming to America' ####### and go live with the love of my life ...cause it's all too short to give it all up to the bureaucrats.

So....here's a tip: Check out my friend D-Major on you tube...great song called Real Friends. Makes me feel good, makes me appreciate each of you out there on your journeys....most much happier than me and SisMrsH....Big up mi real friends! Trod on...............culture1

Section 212(a) of the Immigration and Nationality Act reads:

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(1) Health-related grounds.-

(A) In general.-Any alien-

(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance, which shall include infection with the etiologic agent for acquired immune deficiency syndrome,

(ii) except as provided in subparagraph © who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,

(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)-

(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or

(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or

(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.

[My4rmylife 0]

CULTURE AND MRS H SO SORRY TO HEAR ABOUT THIS .... HOPE ALL WORKS FOR THE BOTH OF YOU

[culture1 0]

Thanks for all your encouragement..

strange things happen on the way to the POE........don't take anything for granted. strange now that i think back and couldn't even allow myself the pleasure of planning a wedding, thinking it would jinx the process.

[*HeavenSent* 0]

Culture my prayers are with you !! So sorry to hear about this ..but keep the faith and be strong !

[.:MzMorgan:. 0]

Dear Mrs Hamilton...i'm sorry to hear about this. Believe me ....very sorry.

Sorry more to report our denial as well. Several problems.....on the denial letter, they checked the box for 212(a)(1)..health related grounds, nothing more. (!????????????????????????) on another form, a BLUE SLIP.... they ask him to return with police certificate box checked and at the bottom handwritten: I-601, 2 G325a forms, hardship letter "suggested joint sponsor earning 70K+". that request makes me think they thought he was applying for his 2 17year old sons, which he is not doing....they'll be 18 before this is ever completed. SO...we wonder about the medical report, very worried....as he had to have a blood transfusion during the past year....also, the people at the Hope clinic are not cool..don't trust them, don't trust the report they sent, and since they won't provide copies to us...we are now retesting with a private doctor...God be merciful that they have made some grievous errors!! Still waiting on the expunged police record...for what it's worth.

So, i'm with you girl...and thinking of my next trip ASAP , and maybe TO hell with this whole "coming to America' ####### and go live with the love of my life ...cause it's all too short to give it all up to the bureaucrats.

So....here's a tip: Check out my friend D-Major on you tube...great song called Real Friends. Makes me feel good, makes me appreciate each of you out there on your journeys....most much happier than me and SisMrsH....Big up mi real friends! Trod on...............culture1

Girl Like I said to MrsH I am truly sorry to hear this....I hope that something can be done.....I will keep you in my prayers......DONT GIVE UP!!!

Edited September 2, 2009 by Haymsmorgan

[MsSheka 0]

Thanks for all your encouragement..

strange things happen on the way to the POE........don't take anything for granted. strange now that i think back and couldn't even allow myself the pleasure of planning a wedding, thinking it would jinx the process.

culture1 please do not give up you can get a waiver PLEASE try it out and don't let them steal your JOY

[notmrshamiltonnow 0]

Culture

ask him to return with police certificate box checked and at the bottom handwritten: I-601, 2 G325a forms, hardship letter "suggested joint sponsor earning 70K+"

Sounds like you might be eligible for a 601 waiver???

http://www.uscis.gov/files/form/i-601.pdf

http://www.visajourney.com/forums/index.php?showtopic=319

I am praying for you.

Wtih mi & hubby's situtation, would we be able to apply for a I 601?

[canadian_wife 1,808]

Your husband should have gotten a denial letter. Does it say he qualifies for a I-601?

[JAPrincess 27]

Wtih mi & hubby's situtation, would we be able to apply for a I 601?

I don't think so MrsH

Because he ADMITTED and because they wrote specifically that he was not eligible for a waiver...

I really would contact a lawyer, but at this point I don't think even that will do any good.

The only other thing I can think of is if you can prove that it will be a hardship to you if he cannot come to the US and get a statement from your children's father stating that you can't move to JA.

This post is from the waiver section, it may give you an idea of the things that qualify for hardship:

This is some advice from Laural Scott ( Immigration Attorney who specializes in I-601 waivers) for writing your own hardship letter. I have copied it from www.immigrate2us.net

DO NOT OVERWHELM THE ADJUDICATOR WITH LOTS OF WEAK ARGUMENTS.

You want to give the adjudicator your strongest three to five arguments for hardship and PROVE your hardship with documentation. Don't 'bury' your stronger arguments among lots of weaker ones. Start with the strongest arguments first and include weaker ones later in the brief. Same thing with supporting documents. Support your points, but don't overwhelm. If you have a doctor's letter explaining your medical condition, you don't need 20 pages of lab reports.

SUPPORT YOUR ARGUMENTS WITH EVIDENCE

If you say your mom has a medical condition, supply a doctor's note. If you say you have unusual job skills specific to the US, get a letter from your employer. If you say your ex-wife would not allow you to take your mutual child abroad, get a letter from her if you can. Getting supporting documents can be a pain in the ###, but DO IT! If you ask the doctor for your records and he doesn't return your call, CALL AGAIN! If your mom's psychiatrist says he needs a release form from your mom, get her to sign one! If you're embarrased to tell your boss that the reason your performance has been slipping is because your wife was deported, bite the bullet and tell him and ask for a letter. Note: if you have a very strong argument, but you absolutely cannot get evidence - e.g. your spouse was the victim of a hate crime in her home country, but never reported it - include the argument anyway and give LOTS OF DETAILS. Telling a very detailed story with names and dates can sometimes substitute for lack of evidence if it is credible that no evidence would exist (e.g. you had a surgery ten years ago relavant to your current state of health, but the hopital has purged the records).

KNOW YOUR STRONGEST ARGUMENTS

Below are just examples of various arguments on a scale from 1 to 5, with 1 being the strongest and 5 the weakest. It is not an exhaustive list.

Level 1 arguments:

(a) you have a MAJOR medical condition (e.g. brain tumor, multiple sclerosis, cerebral palsy) which makes you unable to move abroad and for which you really need your spouse in the US to help take care of you,

(B) you are caring for an elderly, chronically ill, or disabled relative who needs constant care and whose condition is bad enough that you either MUST live with the relative or you MUST spend at least an hour a day assisting the relative with things like hygiene or physical therapy, and this makes you unable to move abroad and makes you really need your spouse in the US to help you care for your relative and manage your other responsibilities, or

© your spouse's country is in a state of war or major political upheaval (e.g. Liberia).

Level 2 arguments include:

(a) you are the primary caregiver for your child(ren) from a prior relationship and the child(ren)'s other parent will not allow you to take the children out of the country AND the child(ren) have formed an emotional attachment to your new spouse or fiance(e),

(B) you have a serious medical condition that makes it very difficult for you to move abroad and you need your spouse to come help you (e.g. you need to have major surgery sometime in the next year, with an expected recovery time of several months),

© you are caring for a moderately disabled relative who normally can care for him/herself but occasionaly has episodes in which he/she needs a lot of help from you and during those time you, in turn, need help from your spouse,

(d) a relative is unusually financially dependent on you (e.g. your mother has just gone through a nasty divorce with your father in which she got nothing and because she has never worked, she doesn't qualify for social security, so you are supporting her in the entirety for the rest of her life),

(e) you have a child that you are putting through college or are about to put through college, or

your spouse's country is on the verge of major political unrest (e.g. Boliva) or negative political change (e.g. Iran) or the country is known for oppression of one sort or another (e.g. you are a Christian woman and your husband is from Saudi Arabia), or it is in the infant stages of post-war recovery (e.g. Afghanistan).

Level 3 arguments include:

(a) you are the non-custodial parent of a child from a prior relationship and you have an actual relationship with that child and the child's other parent will not allow you to take the child out of the country but your spouse or fiance(e) does not have a relationship with the child at this time,

(B) you have a significant condition that makes it inconvenient for you to move out of the country (e.g. severe asthma and your spouse lives in Mexico City),

© you have been diagnosed by a licensed psychologist/psychiatrist with clinical depression due to your spouse's immigration problems (I've argued to the Administrative Appeals Unit that this condition should be taken more seriously by adjudications officers, but at this time I am listing it as a 'moderate' argument),

(d) you and your spouse have young children together or you have full custody of your child and can bring him/her abroad and your spouse's home country has bad public health conditions and bad public education,

(e) your job requires a license in both the US and abroad and it will be very difficult to get licensed abroad (e.g. attorney),

you have job skills that are very specific to the US (e.g. a tax accountant with extensive familiarity with US tax law),

(g) your spouse's country has a very bad economy (e.g. Chad),

(h) you have a close relative who is partially dependent on you financially (e.g. your mom gets social security but needs your extra $500 per month to stay in her present apartment) or physically (e.g. your mom pretty much gets around ok, but her health has been declining and you expect her to need more of your help in the near future).

Level 4 arguments include:

(a) you have debts you wouldn't be able to pay if you moved abroad,

(B) your spouse's country has a high unemployment rate,

© your spouse's country has a high crime rate,

(d) you've been depondent since your spouse left the country, but haven't sought professional help,

(e) your parents are getting old.

Level 5 arguments include:

(a) you got a high score on the Holmes-Rahe scale,

(B) you and your spouse want to have children in the future (but are not currently pregnant) and either the wife is getting older or the foreign country has a high infant mortality rate.

Don't get discouraged if all you have is two Level 3 arguments and a couple of Level 4 arguments. While one Level 3 argument by itself might not make a strong case, a few put together can be very strong in the aggregate. Just present your case in the strongest possible light. If all you can think of is a couple of Level 4 and Level 5 arguments, I recommend that you pay for a consultation with an attorney to at least see if you can brainstorm some stronger arguments.

Note: whenever you claim that a relative is dependent on you either for direct care or for money, you must explain why no other relative such as one of your siblings can provide the same care or support.

_________________

I have highlighted the things I think may apply in bold

The fact that they actually WROTE that he was not eligible for a waiver concerns me tho

I hope your time with him will help to heal the heartbreak you are feeling.

I wish I knew more about these things and could help you more. You are in my prayers

[Mrs. Palmer 5]

Dear Mrs Hamilton...i'm sorry to hear about this. Believe me ....very sorry.

Sorry more to report our denial as well. Several problems.....on the denial letter, they checked the box for 212(a)(1)..health related grounds, nothing more. (!????????????????????????) on another form, a BLUE SLIP.... they ask him to return with police certificate box checked and at the bottom handwritten: I-601, 2 G325a forms, hardship letter "suggested joint sponsor earning 70K+". that request makes me think they thought he was applying for his 2 17year old sons, which he is not doing....they'll be 18 before this is ever completed. SO...we wonder about the medical report, very worried....as he had to have a blood transfusion during the past year....also, the people at the Hope clinic are not cool..don't trust them, don't trust the report they sent, and since they won't provide copies to us...we are now retesting with a private doctor...God be merciful that they have made some grievous errors!! Still waiting on the expunged police record...for what it's worth.

So, i'm with you girl...and thinking of my next trip ASAP , and maybe TO hell with this whole "coming to America' ####### and go live with the love of my life ...cause it's all too short to give it all up to the bureaucrats.

So....here's a tip: Check out my friend D-Major on you tube...great song called Real Friends. Makes me feel good, makes me appreciate each of you out there on your journeys....most much happier than me and SisMrsH....Big up mi real friends! Trod on...............culture1

Wow Culture! I'm so sorry! I don't understand though--they won't allow him a visa because they feel he is a public health threat? And were you missing documents as well? (police certificate, I-864)? I don't know what to tell you, but if you are eligible for a waiver I would definitely get on it pronto. I will pray for you.

[notmrshamiltonnow 0]

Wtih mi & hubby's situtation, would we be able to apply for a I 601?

I don't think so MrsH

Because he ADMITTED and because they wrote specifically that he was not eligible for a waiver...

I really would contact a lawyer, but at this point I don't think even that will do any good.

The only other thing I can think of is if you can prove that it will be a hardship to you if he cannot come to the US and get a statement from your children's father stating that you can't move to JA.

This post is from the waiver section, it may give you an idea of the things that qualify for hardship:

This is some advice from Laural Scott ( Immigration Attorney who specializes in I-601 waivers) for writing your own hardship letter. I have copied it from www.immigrate2us.net

DO NOT OVERWHELM THE ADJUDICATOR WITH LOTS OF WEAK ARGUMENTS.

You want to give the adjudicator your strongest three to five arguments for hardship and PROVE your hardship with documentation. Don't 'bury' your stronger arguments among lots of weaker ones. Start with the strongest arguments first and include weaker ones later in the brief. Same thing with supporting documents. Support your points, but don't overwhelm. If you have a doctor's letter explaining your medical condition, you don't need 20 pages of lab reports.

SUPPORT YOUR ARGUMENTS WITH EVIDENCE

If you say your mom has a medical condition, supply a doctor's note. If you say you have unusual job skills specific to the US, get a letter from your employer. If you say your ex-wife would not allow you to take your mutual child abroad, get a letter from her if you can. Getting supporting documents can be a pain in the ###, but DO IT! If you ask the doctor for your records and he doesn't return your call, CALL AGAIN! If your mom's psychiatrist says he needs a release form from your mom, get her to sign one! If you're embarrased to tell your boss that the reason your performance has been slipping is because your wife was deported, bite the bullet and tell him and ask for a letter. Note: if you have a very strong argument, but you absolutely cannot get evidence - e.g. your spouse was the victim of a hate crime in her home country, but never reported it - include the argument anyway and give LOTS OF DETAILS. Telling a very detailed story with names and dates can sometimes substitute for lack of evidence if it is credible that no evidence would exist (e.g. you had a surgery ten years ago relavant to your current state of health, but the hopital has purged the records).

KNOW YOUR STRONGEST ARGUMENTS

Below are just examples of various arguments on a scale from 1 to 5, with 1 being the strongest and 5 the weakest. It is not an exhaustive list.

Level 1 arguments:

(a) you have a MAJOR medical condition (e.g. brain tumor, multiple sclerosis, cerebral palsy) which makes you unable to move abroad and for which you really need your spouse in the US to help take care of you,

(B) you are caring for an elderly, chronically ill, or disabled relative who needs constant care and whose condition is bad enough that you either MUST live with the relative or you MUST spend at least an hour a day assisting the relative with things like hygiene or physical therapy, and this makes you unable to move abroad and makes you really need your spouse in the US to help you care for your relative and manage your other responsibilities, or

© your spouse's country is in a state of war or major political upheaval (e.g. Liberia).

Level 2 arguments include:

(a) you are the primary caregiver for your child(ren) from a prior relationship and the child(ren)'s other parent will not allow you to take the children out of the country AND the child(ren) have formed an emotional attachment to your new spouse or fiance(e),

(B) you have a serious medical condition that makes it very difficult for you to move abroad and you need your spouse to come help you (e.g. you need to have major surgery sometime in the next year, with an expected recovery time of several months),

© you are caring for a moderately disabled relative who normally can care for him/herself but occasionaly has episodes in which he/she needs a lot of help from you and during those time you, in turn, need help from your spouse,

(d) a relative is unusually financially dependent on you (e.g. your mother has just gone through a nasty divorce with your father in which she got nothing and because she has never worked, she doesn't qualify for social security, so you are supporting her in the entirety for the rest of her life),

(e) you have a child that you are putting through college or are about to put through college, or

your spouse's country is on the verge of major political unrest (e.g. Boliva) or negative political change (e.g. Iran) or the country is known for oppression of one sort or another (e.g. you are a Christian woman and your husband is from Saudi Arabia), or it is in the infant stages of post-war recovery (e.g. Afghanistan).

Level 3 arguments include:

(a) you are the non-custodial parent of a child from a prior relationship and you have an actual relationship with that child and the child's other parent will not allow you to take the child out of the country but your spouse or fiance(e) does not have a relationship with the child at this time,

(B) you have a significant condition that makes it inconvenient for you to move out of the country (e.g. severe asthma and your spouse lives in Mexico City),

© you have been diagnosed by a licensed psychologist/psychiatrist with clinical depression due to your spouse's immigration problems (I've argued to the Administrative Appeals Unit that this condition should be taken more seriously by adjudications officers, but at this time I am listing it as a 'moderate' argument),

(d) you and your spouse have young children together or you have full custody of your child and can bring him/her abroad and your spouse's home country has bad public health conditions and bad public education,

(e) your job requires a license in both the US and abroad and it will be very difficult to get licensed abroad (e.g. attorney),

you have job skills that are very specific to the US (e.g. a tax accountant with extensive familiarity with US tax law),

(g) your spouse's country has a very bad economy (e.g. Chad),

(h) you have a close relative who is partially dependent on you financially (e.g. your mom gets social security but needs your extra $500 per month to stay in her present apartment) or physically (e.g. your mom pretty much gets around ok, but her health has been declining and you expect her to need more of your help in the near future).

Level 4 arguments include:

(a) you have debts you wouldn't be able to pay if you moved abroad,

(B) your spouse's country has a high unemployment rate,

© your spouse's country has a high crime rate,

(d) you've been depondent since your spouse left the country, but haven't sought professional help,

(e) your parents are getting old.

Level 5 arguments include:

(a) you got a high score on the Holmes-Rahe scale,

(B) you and your spouse want to have children in the future (but are not currently pregnant) and either the wife is getting older or the foreign country has a high infant mortality rate.

Don't get discouraged if all you have is two Level 3 arguments and a couple of Level 4 arguments. While one Level 3 argument by itself might not make a strong case, a few put together can be very strong in the aggregate. Just present your case in the strongest possible light. If all you can think of is a couple of Level 4 and Level 5 arguments, I recommend that you pay for a consultation with an attorney to at least see if you can brainstorm some stronger arguments.

Note: whenever you claim that a relative is dependent on you either for direct care or for money, you must explain why no other relative such as one of your siblings can provide the same care or support.

_________________

I have highlighted the things I think may apply in bold

The fact that they actually WROTE that he was not eligible for a waiver concerns me tho

I hope your time with him will help to heal the heartbreak you are feeling.

I wish I knew more about these things and could help you more. You are in my prayers

Thank you so much!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! I read over the list but I only have 1 level 3 argument & 1 level 5 argument.. but I am going to take your advice and consult with the attonery.. I am praying it helps.. I don't know what we are going to do if we have to wait the three years out, since $ is really tight now, and I can't go and vist every 90 days like the previous years .. I will let u know how the attorney thing goes.. chat with u later

[Peace be still 6]

Dear Mrs Hamilton...i'm sorry to hear about this. Believe me ....very sorry.

Sorry more to report our denial as well. Several problems.....on the denial letter, they checked the box for 212(a)(1)..health related grounds, nothing more. (!????????????????????????) on another form, a BLUE SLIP.... they ask him to return with police certificate box checked and at the bottom handwritten: I-601, 2 G325a forms, hardship letter "suggested joint sponsor earning 70K+". that request makes me think they thought he was applying for his 2 17year old sons, which he is not doing....they'll be 18 before this is ever completed. SO...we wonder about the medical report, very worried....as he had to have a blood transfusion during the past year....also, the people at the Hope clinic are not cool..don't trust them, don't trust the report they sent, and since they won't provide copies to us...we are now retesting with a private doctor...God be merciful that they have made some grievous errors!! Still waiting on the expunged police record...for what it's worth.

So, i'm with you girl...and thinking of my next trip ASAP , and maybe TO hell with this whole "coming to America' ####### and go live with the love of my life ...cause it's all too short to give it all up to the bureaucrats.

So....here's a tip: Check out my friend D-Major on you tube...great song called Real Friends. Makes me feel good, makes me appreciate each of you out there on your journeys....most much happier than me and SisMrsH....Big up mi real friends! Trod on...............culture1

A really good friend of mine went and lived there for 5yrs. What kind of future would you have there? That's what I would plan out. Because love doesn't pay the morgage or the car note.

[MRStee 19]

A really good friend of mine went and lived there for 5yrs. What kind of future would you have there? That's what I would plan out. Because love doesn't pay the morgage or the car note.

I believe you are being sincere when you say this but when it comes to the affairs of the heart and you have a firm believe in God, HE will make a way. As an old school saying goes "One monkey don't stop no show". If she chooses to go there to live with him then Im sure God will take care of them!!! People are put into other people's life for a reason. Who are we to judge? This journey is hard enough without having others cast stones! Do what you must culture -you're in our (yardies) hearts and prayers!

[brho 0]

My Fiance's K1 visa was denied also. During his Medical process he admitted to smoking "weed" marijuana and as a result his K1 visa was denied. they held onto all the paper work.

can we appeal? how can we circumvent this?

please help

[MsSheka 0]

My Fiance's K1 visa was denied also. During his Medical process he admitted to smoking "weed" marijuana and as a result his K1 visa was denied. they held onto all the paper work.

can we appeal? how can we circumvent this?

please help

is your fiance from Jamaica?