Help!!!!!!!!

[Loulou 0]

I recently went to the American Embassy for a visitor's visa and was told I didn't qualify since my husband is an American and can only visit the US on an immigrant visa. I currently have LLR in the UK (my husband has ILR) and will go for my ILR July next year. Moving to the US is not an immediate plan for us though we have discussed moving there permanently in about 2 years from now, what should we do in our situation? as we both want to visit the US and the fact that I have there twice doesn't count anymore (before I met my husband). Will going for an immigrant visa disqualify me from getting my ILR? Please help as I would like to visit my newborn nephew and cousin. I was told by the consular that getting an immigrant visa too was not going to be an easy process. What should I do now? I know we qualify for DCF except that I am worried they might refuse me in case they bring my non-immigrant refusals against me. Your advice will be greatly appreciated. Thanks

[MaydayDas 1]

I don't know if it helps you but 2 years ago I (Romanian) went with my husband (American) to the US Embassy in Germany and I got the 10 years visitor visa. With no problems.

[essjay 0]

Non-immigrant refusals won't affect your immigrant application. The problem with getting temporary visas is that once they realise you are married to a USC, they assume you are an intending immigrant unless you can prove ties to your home country. This can be, for example, a letter from your employer, family, home etc.

I applied for a tourist visa in January and was refused even though we both live in the UK and everything we have is in the UK (neither of us have ever lived in the US). But my non-immigrant application was not even mentioned in my interview for the immigrant visa.

The problem is that the immigrant visa process is about 4 to 6 months in London, and you will be expected to move to the US once granted.

Good Luck

[MargotDarko 0]

Are you unable to use the visa wavier programme? That allows up to 90 days in the US. You would bring proof of ties to the UK, and you shouldn't have trouble entering on the VWP unless you don't qualify for it. Here's info on it -

http://www.travel.state.gov/visa/temp/with...thout_1990.html

Generally, for most people, as long as you haven't overstayed VWP in the past and don't have convictions, you should be fine using it.

EDIT - Oh... wait... For some reason, I was thinking you were a British Citizen. That was a bad assumption on my part! Does the country of your citizenship participate in the visa wavier programme? If not, you kind of are out of luck.

Edited August 15, 2007 by MargotDarko

[essjay 0]

Just to add to MargotDarko's reply, I had a quick look at your profile. One of the problems you may encounter whichever route you go was your arrest years ago. I have a feeling that is also raising red flags in applications for visas.

I hold my hands up to not knowing the correct advice to give here. Over to other VJers who might have more knowledge in this situation.

Sorry, but Good Luck!

[Loulou 0]

Just to add to MargotDarko's reply, I had a quick look at your profile. One of the problems you may encounter whichever route you go was your arrest years ago. I have a feeling that is also raising red flags in applications for visas.

I hold my hands up to not knowing the correct advice to give here. Over to other VJers who might have more knowledge in this situation.

Sorry, but Good Luck!

Are you unable to use the visa wavier programme? That allows up to 90 days in the US. You would bring proof of ties to the UK, and you shouldn't have trouble entering on the VWP unless you don't qualify for it. Here's info on it -

http://www.travel.state.gov/visa/temp/with...thout_1990.html

Generally, for most people, as long as you haven't overstayed VWP in the past and don't have convictions, you should be fine using it.

EDIT - Oh... wait... For some reason, I was thinking you were a British Citizen. That was a bad assumption on my part! Does the country of your citizenship participate in the visa wavier programme? If not, you kind of are out of luck.

No Margot my country of origin is not part of the visa waiver programme. They told me exactly what you said essjay "I intend to migrate to the US" I showed them a letter from my employer and also the fact that I have started a Masters programme but it didn't help, I showed the court records to them as the case against me was dismissed and it was clear they was a bit of misunderstanding with the arrest so that I believe is no longer an issue. When you say I am expected to move to the USA once the immigrant visa is granted does that mean I can't stay for about two months and come back to tie loose ends in the UK before moving there permanently 6 months after?

[essjay 0]

Sorry for confusing you. Yes you can come back out to tie up the loose ends. What I meant was, you can't get the immigrant visa, go for a two week holiday and then carry on living in a different country. i.e. you can't just use the immigrant visa as a substitute for a holiday visa

As to the intending immigrant bit, I had an absolute ton of proof of my ties to the UK. I had zero ties to the US except my husband who is a dual citizen and they denied me a tourist visa. They even told me during the interview that the only reason they were denying me was the fact that I am married to a USC and advised me to go the immigrant route.

Hope that is clearer.....

[MargotDarko 0]

Just to add to MargotDarko's reply, I had a quick look at your profile. One of the problems you may encounter whichever route you go was your arrest years ago. I have a feeling that is also raising red flags in applications for visas.

I hold my hands up to not knowing the correct advice to give here. Over to other VJers who might have more knowledge in this situation.

Sorry, but Good Luck!

Are you unable to use the visa wavier programme? That allows up to 90 days in the US. You would bring proof of ties to the UK, and you shouldn't have trouble entering on the VWP unless you don't qualify for it. Here's info on it -

http://www.travel.state.gov/visa/temp/with...thout_1990.html

Generally, for most people, as long as you haven't overstayed VWP in the past and don't have convictions, you should be fine using it.

EDIT - Oh... wait... For some reason, I was thinking you were a British Citizen. That was a bad assumption on my part! Does the country of your citizenship participate in the visa wavier programme? If not, you kind of are out of luck.

No Margot my country of origin is not part of the visa waiver programme. They told me exactly what you said essjay "I intend to migrate to the US" I showed them a letter from my employer and also the fact that I have started a Masters programme but it didn't help, I showed the court records to them as the case against me was dismissed and it was clear they was a bit of misunderstanding with the arrest so that I believe is no longer an issue. When you say I am expected to move to the USA once the immigrant visa is granted does that mean I can't stay for about two months and come back to tie loose ends in the UK before moving there permanently 6 months after?

Yep, essjay is right that you could go back and tie up loose ends. The best thing would be to establish yourself in the US first - get your greencard in the mail, get your SSN, open a bank account, etc. Then return to the UK for a while. You can stay out of the US for up to a year without a re-entry permit, but it's up to the discretion of the officer at the border to determine whether or not you've abandoned your PR status in the US when you return from the UK, even if it's only been six months, so be careful. If you don't have any residence in the US or proof of establishing yourself in the US, any time more than just vacation out of the states is kind of risky until you've been able to naturalise.

Also, you may still have problems with your previous arrest. The best thing is to just start the DCF process.

[Loulou 0]

Just to add to MargotDarko's reply, I had a quick look at your profile. One of the problems you may encounter whichever route you go was your arrest years ago. I have a feeling that is also raising red flags in applications for visas.

I hold my hands up to not knowing the correct advice to give here. Over to other VJers who might have more knowledge in this situation.

Sorry, but Good Luck!

Are you unable to use the visa wavier programme? That allows up to 90 days in the US. You would bring proof of ties to the UK, and you shouldn't have trouble entering on the VWP unless you don't qualify for it. Here's info on it -

http://www.travel.state.gov/visa/temp/with...thout_1990.html

Generally, for most people, as long as you haven't overstayed VWP in the past and don't have convictions, you should be fine using it.

EDIT - Oh... wait... For some reason, I was thinking you were a British Citizen. That was a bad assumption on my part! Does the country of your citizenship participate in the visa wavier programme? If not, you kind of are out of luck.

No Margot my country of origin is not part of the visa waiver programme. They told me exactly what you said essjay "I intend to migrate to the US" I showed them a letter from my employer and also the fact that I have started a Masters programme but it didn't help, I showed the court records to them as the case against me was dismissed and it was clear they was a bit of misunderstanding with the arrest so that I believe is no longer an issue. When you say I am expected to move to the USA once the immigrant visa is granted does that mean I can't stay for about two months and come back to tie loose ends in the UK before moving there permanently 6 months after?

Yep, essjay is right that you could go back and tie up loose ends. The best thing would be to establish yourself in the US first - get your greencard in the mail, get your SSN, open a bank account, etc. Then return to the UK for a while. You can stay out of the US for up to a year without a re-entry permit, but it's up to the discretion of the officer at the border to determine whether or not you've abandoned your PR status in the US when you return from the UK, even if it's only been six months, so be careful. If you don't have any residence in the US or proof of establishing yourself in the US, any time more than just vacation out of the states is kind of risky until you've been able to naturalise.

Also, you may still have problems with your previous arrest. The best thing is to just start the DCF process.

Thanks everyone!