Previous Denials and DCF

[kitsonk 1]

I am the petitioner and my partner will be the beneficiary. We have Civil Partners in the UK since 2006 and once the UK Government sorts out the way to convert Civil Partnerships to Marriages, we will make a DCF in London to move back to the US.

My partner was refused entry twice, in November 2003 and December 2004 and was then denied a Visitor's Visa in January 2005. The second time he was refused was mainly because of a mis-understanding about being eligible under the VWP. We had a friend of a friend in US Customs (ICE was still being formed) and she had reviewed his file and allegedly "noted" it that it should be ok for him to return, but what she didn't tell us is that he need to get a visitor's visa.

Both refusals were stamped "REFUSED per 217.4(b)" and the first one seems to list the charges as: "212 7 B i (I)(I)" and the second as "212 (7)(B)(i)(I)(I)". Neither one seem to make full sense from what I can tell. The both seem to the be the same thing. Does anyone know if they will present a significant barrier though to applying for a CR-1?

[Boiler 45,520]

Being refused entry would not have an impact by itself, usually if it was serious he would have been deported.

Presumably he was refused the B for not showing ties etc.

[kitsonk 1]

Yes. For the proper visitors visa, he spent a good part of the interview talking about his relationship with me and how we had spent 18 months living together in Dublin. He thought he was helping his cause.

All of it was enough of a trauma to make us shy for him to not even try to apply for a visa since then, though our ties to the UK have been substantial now.

[GF1804 12]

I am the petitioner and my partner will be the beneficiary. We have Civil Partners in the UK since 2006 and once the UK Government sorts out the way to convert Civil Partnerships to Marriages, we will make a DCF in London to move back to the US.

My partner was refused entry twice, in November 2003 and December 2004 and was then denied a Visitor's Visa in January 2005. The second time he was refused was mainly because of a mis-understanding about being eligible under the VWP. We had a friend of a friend in US Customs (ICE was still being formed) and she had reviewed his file and allegedly "noted" it that it should be ok for him to return, but what she didn't tell us is that he need to get a visitor's visa.

Both refusals were stamped "REFUSED per 217.4(b)" and the first one seems to list the charges as: "212 7 B i (I)(I)" and the second as "212 (7)(B)(i)(I)(I)". Neither one seem to make full sense from what I can tell. The both seem to the be the same thing. Does anyone know if they will present a significant barrier though to applying for a CR-1?

We were in the same situation (Civil partnership not refusal of entry) you know you can get married in the US currently even though you have a CP here in the UK. As it's not recognized in the US you can enter, get married and return back to the UK. Then apply for DCF from here.

We did this partly because of the time for our Govt to convert CPs. But they state it could happen at the end of 2014 so you may not have that long to actually wait.

Good luck with the process.

[kitsonk 1]

We were in the same situation (Civil partnership not refusal of entry) you know you can get married in the US currently even though you have a CP here in the UK. As it's not recognized in the US you can enter, get married and return back to the UK. Then apply for DCF from here.

We did this partly because of the time for our Govt to convert CPs. But they state it could happen at the end of 2014 so you may not have that long to actually wait.

Good luck with the process.

Yes, the challenge is that to get a Visitor's Visa to the US seems to be rather obtuse. We have filed a FOI request with Chicago which will take a while to get the information that we are being told we need to apply for a visitors visa. If that comes through, we may pop off to the US for a wedding then. If not, we will await the UK sorting things out.

The one benefit of waiting, is from what we understand, our marriage will be retrospective in the UK to when we started our civil partnership (2006), which would then allow us to petition for a 10 year green card versus just the 2 year one.