Obtaining Inadmissability VISA prior to the actual VISA inteview

[th8511 0]

Hi there. I have done a ton of research on this subject so in turn I will try and be as brief as possible. I am USC boyfriend is UK citizen. He has never been to America; I have been to Scotland 5 ,6 times over the last two years. We have been together for almost 3. He got his UK passport last year. Never felt the need for one in the past due to EU free movement. He is going to go for his B-2 Visa interview sometime this year for a visit to me in the US. Long story short; he is probably going to be turned down for it just based on all the info on the US State Dept Website. He has some minor convictions in the past (moral turptitude issues) and one for what they call “drug possession”, (one joint). Most of these have been “admonished” in the UK. I know it doesn’t matter here. No jail time spent etc. Been over 6 years, clean record since. I have already consulted an attorney (one, but I am going to consult several others before I make a decision). Before I spend the money consulting a really quality attorney with experience in this area, I wanted to see if I could get some advice. 1). Can one file for a waiver for a B-2 Holiday visa before the actual VISA interview itself and have that with them during or for the initial interview? He is just wanted to come and visit. He is definitely going back to the UK. We have talked about marriage but don’t want to do that just yet. The challenge is he is not currently working but can show strong ties to the UK? I am financing the entire trip, will be responsible for him and I have TSA world traveler clearance. I can prove all of this should the need arise to show a “sponsor”. Would this assist in the process? Thanks for your feedback. He wouldn’t need an I-601 just for a holiday VISA would he? Based on viewing other threads on here in regards to "visa" interview questions, they can just look at a person and turn them down based on that. We want to do this the right way up front. If it would be easier to file for the K-1 then so be it. We know we are going to marry eventually just don't want to be pressed into it. Also base on what I have read, we could file the K1 and just not marry. He would return to the UK within a months time. Thanks again

[NigeriaorBust 4,087]

It is many times harder to someone from a VWP country to get a visitors visa. It makes no difference who you are and the world travelers program has no pull in immigration issues it just helps you with the lines at the airport. WIth no job and a US girlfriend I doubt he has strong ties to the UK and will most likely be turned down. He has to apply for and qualify for the visa. If his criminal past disqualifies him then no lawyer can fix that no matter how expensive. The US has no reason to make exceptions to people who don't have the right qualifications to get a visa to give them a free pass just because they want to visit. If and when you file for a marriage or fiance visa there are waivers you may be able to get.

[th8511 0]

It is many times harder to someone from a VWP country to get a visitors visa. It makes no difference who you are and the world travelers program has no pull in immigration issues it just helps you with the lines at the airport. WIth no job and a US girlfriend I doubt he has strong ties to the UK and will most likely be turned down. He has to apply for and qualify for the visa. If his criminal past disqualifies him then no lawyer can fix that no matter how expensive. The US has no reason to make exceptions to people who don't have the right qualifications to get a visa to give them a free pass just because they want to visit. If and when you file for a marriage or fiance visa there are waivers you may be able to get.

The part about the "world traveler's part I get; I was looking at it as a "responsible sponsor" thing. Just a thought. "If his criminal past disqualifies him then no lawyer can fix that no matter how expensive. " No one is attempting to "fix" it.. but there are Waivers for alot of this. I was merely looking at it objectively. I see an attorney is more apt to disclose the absolute legal issues more accurately. "The US has no reason to make exceptions to people who don't have the right qualifications to get a visa to give them a free pass just because they want to visit. " Free pass? No one said anything about a "Free Pass".. wow.. your very rude. Thanks for the comment anyway. I will take this elsewhere.

[lost_at_sea 995]

It's true that as a VWP country, the UK doesn't have a habit of issuing many B visas. However, since he has made himself ineligible for the VWP, then they should see the sense in him applying for the B visa instead.

Having said that - I do agree that he may find it difficult to succeed. Having a partner in the US plus no job holding him in the UK will not look great - and I hear from accounts of the interviews for the B visa that folks don't get much time to make a case for themselves. Does he have any other convincing ties to the UK? Is he a home owner? Does he have children in the UK? Stuff like that, preferably documented.

He may be asked to explain how he'll be financing a trip to the US (particularly with no job) and having someone in the US who's agreed to sponsor can be seen as a negative tick (since if he has a cushier financial situation in the US, again, what would be his motivation to return to the UK?). You have to try and imagine the most suspicious interviewing officer you can, and prepare to have good evidence to change their minds.

I'm pretty sure that waivers can only be applied for after a denial, but I've not come across someone doing a waiver in a tourist visa situation... hopefully someone will pop up who knows.

There's nothing to be lost in trying to get the B visa, though - other than the application fee. If you later decide you're going to go down the family-based visa route, it wouldn't count against him to have been denied the B.

Perhaps you'd do better to go visit in the UK, or maybe you could both visit with one another in a 3rd country you can both travel freely to?

Edited January 1, 2014 by lost_at_sea

[milimelo 4,540]

Shouldn't boyfriend be getting the ACPO certificate to bring with him to the visa interview?

Even if waiver recommended, that can take 4-6 months to come through and no visa is given in the meantime.

With no employment and you financing his trip, not quite sure they'll approve the visa.

[lost_at_sea 995]

Shouldn't boyfriend be getting the ACPO certificate to bring with him to the visa interview?

The police certificate is very straight forward to obtain:

http://www.acro.police.uk/police_certificates.aspx

More on this from the embassy: http://london.usembassy.gov/niv/add_crime.html

[th85@ 0]

It's true that as a VWP country, the UK doesn't have a habit of issuing many B visas. However, since he has made himself ineligible for the VWP, then they should see the sense in him applying for the B visa instead.

Having said that - I do agree that he may find it difficult to succeed. Having a partner in the US plus no job holding him in the UK will not look great - and I hear from accounts of the interviews for the B visa that folks don't get much time to make a case for themselves. Does he have any other convincing ties to the UK? Is he a home owner? Does he have children in the UK? Stuff like that, preferably documented.

He may be asked to explain how he'll be financing a trip to the US (particularly with no job) and having someone in the US who's agreed to sponsor can be seen as a negative tick (since if he has a cushier financial situation in the US, again, what would be his motivation to return to the UK?). You have to try and imagine the most suspicious interviewing officer you can, and prepare to have good evidence to change their minds.

I'm pretty sure that waivers can only be applied for after a denial, but I've not come across someone doing a waiver in a tourist visa situation... hopefully someone will pop up who knows.

There's nothing to be lost in trying to get the B visa, though - other than the application fee. If you later decide you're going to go down the family-based visa route, it wouldn't count against him to have been denied the B.

Perhaps you'd do better to go visit in the UK, or maybe you could both visit with one another in a 3rd country you can both travel freely to?

Thank you for your response. I simply wanted to see if anyone else has come across with this type of situation. No he is not a home owner but has a signed lease etc. No kids etc. He does have family etc.. Didn't realize that having a financial "sponsor" would be a negative but after reading so many similar comments about this; frankly I am stunned. wow.. I had no idea. Thanks for the info though, in regards to us applying later for the K1. We were afraid to apply for this current VISA if he was would be turned down,, then turn around and we decide to get married and it be held against him. Yeah I have been to the UK sooo many times. He just wanted the opportunity to visit the USA for once. I don't blame him. I can't immigrate there (UK immigration laws even stricter) and I have a son (15). so that is not an option at this point in time. I have just recently read about the I 192 so I may be looking at that. I am definitely obtaining a very good immigration attorney, and I am interviewing several at this point before I decide on one specifically... Thanks again for your positive input

[th85@ 0]

The police certificate is very straight forward to obtain:

http://www.acro.police.uk/police_certificates.aspx

More on this from the embassy: http://london.usembassy.gov/niv/add_crime.html

Yeah we already have the ARCO ready.. we haven't filed for it just yet; it is only good for 6 months. We wanted to be prepared. The ARCO only takes 6 weeks to get. We aren't going to obtain that until we have a better idea of when his actual VISA appt is. We are just saving and waiting at this point.

[RhettVoe 282]

He has to overcome 214b first....which sounds near impossible now, before he can ask for a waiver...and, the USA does NOT owe anyone a visa nor a waiver.

[Shiobhan 235]

No the USA owes no one...what happen ppl Y is some ppl sounding so

angry ? its a forum to ask questions...OP I think filing a K1 is your only

route at this point...in the meantime he can get a job in the UK.

Happy New Year

[Nich-Nick 3,354]

Thank you for your response. I simply wanted to see if anyone else has come across with this type of situation. No he is not a home owner but has a signed lease etc. No kids etc. He does have family etc.. Didn't realize that having a financial "sponsor" would be a negative but after reading so many similar comments about this; frankly I am stunned. wow.. I had no idea. Thanks for the info though, in regards to us applying later for the K1. We were afraid to apply for this current VISA if he was would be turned down,, then turn around and we decide to get married and it be held against him. Yeah I have been to the UK sooo many times. He just wanted the opportunity to visit the USA for once. I don't blame him. I can't immigrate there (UK immigration laws even stricter) and I have a son (15). so that is not an option at this point in time. I have just recently read about the I 192 so I may be looking at that. I am definitely obtaining a very good immigration attorney, and I am interviewing several at this point before I decide on one specifically... Thanks again for your positive input

A denied visitor visa will not reflect badly on a K1 fiancé visa. From all the London denied visitor visas I have read over the last few years, I think it will be difficult for him to get one. And the K1 will not be straight forward and easy with the convictions. A lawyer who specializes in waivers like Laurel Scott (Houston) might be an area you want to look into over a general immigration attorney. She has some good info on her website explaining the waiver requires extreme hardship on the American if her spouse can't move here. And she provides examples of "extreme" over just a hardship. You must do the whole immigrant visa routine and get a denial before you can file a waiver.

Another website that deals more with waiver and cases with red flags is immigrate2us. You might want to explore and ask questions there.

[Boiler 45,918]

He would need a d3 waiver, suggest he at least gets a job to show some tie.

[jan22 3,056]

To answer your actual original question, there is no way to get a waiver approved prior to the visa interview. For one thing, you don't know positively what the ineligibilities would be. The visa officer will review all of the charges/convictions/court determinations and then decide under what portion of the Immigration and Nationality Act he is ineligible. The officer then also needs to decide is he overcomes Section 214b of the INA --that's the one that talks about evry visitor being presumed to be an immigrant until he/she shows strong ties that would mean he/she would leave the U.S. IF the officer decides the applicant does not overcome 214b, there is no chance for a waiver of the other ineligibilities -- because what the waiver request means is that if all of these other reasons of ineligibility are waived, the visa will be issued. There is no waiver of 214b, so the visa wouldn't be issued even if the waiver is approved. All that to say -- the waiver application would only be possible after the interview in which the visa officer determines what all of the ineligibilities might be AND that he has strong enough ties to overcome Section 214b.

(Hope all of that was not as confusing as it now looks to me!)

[dwheels76 5,468]

If it would be easier to file for the K-1 then so be it. We know we are going to marry eventually just don't want to be pressed into it. Also base on what I have read, we could file the K1 and just not marry. He would return to the UK within a months time. Thanks again

I am concerned you not understanding what a K1 Visa is? This Visa is to enter the US and you marry within 90 days. There's no leaving in a month. You have papers to file to be allowed to leave. It isnt to be used just for a visit. You could jack up any future immigration by doing such.

[th85@ 0]

o" the USA owes no one...what happen ppl Y is some ppl sounding so

angry ? its a forum to ask questions..." Thanks for that.. I was thinking the same originally.. LOL. Happy New Year to you as well. " am concerned you not understanding what a K1 Visa is" No I know what it is. We have talked about getting married.. just didn't want to take that route at this point. You have 90 days to marry. All I was saying is what if you change your mind and don't marry? I have read that somewhere, that that can and has happened. They just leave the country and go back home. But thanks though. Thank you Jan22, D3 and Nich-Nick... I had no idea that B-2's would be such a challenge with a VWP nation but I guess it is due to the fact of his past issues? Yes I have checked out Laurel Scott and funny enough she is the one next on my list to call. She is very experienced in this area. Thanks for confirming that. Yes he is trying to get a job, has been for awhile. Their economy is not great despite what the media says. It is frankly really bad. At least in the North it is. Thanks Boiler.. this has given more info than I could have hoped for. Appreciate it.