visa denial

BAQ says on Sep 21, 2005, 20:13:

The problem is her deportation. There is a sizeable amount of marriage fraud, not only in Colombia but from many other countries. The embassy's are really skeptical when a person has been deported shows up "Married" and wants back into the U.S.

My only suggestion would be to contact a good attorney and see what you options are.

Semper Fidelis !

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utopiacowboy says on Sep 21, 2005, 21:25:

BAQ is right. A case like hers with a prior deportation calls for the services of a good immigration attorney. It's not a do-it-yourself job.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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Sonny says on Sep 22, 2005, 07:14:

This is a good point well taken This person was deported says it all. The rest are all red flags now. Same as overstaying one's visa and wanting to go back to Colombia and then asking to come back into the USA. It is possible but not likely any time soon.

Friends???? How do you place a value on that?? They are like memories, without them you have nothing

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Gator says on Sep 22, 2005, 08:00:

You Might... have her make an enquiry as to how long the ban is in effect-it can be between three and ten years. There is no appeal because entry into the USA is at the discretion of the government. As suggested a good IMMIGRATION attorney is the first step. It will not be inexpensive.

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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acadienne says on Sep 22, 2005, 12:15:

There might be a waiver you can file in your situation, so all hope may not be lost, but as said before you definitely must get a lawyer to deal with that.

Good luck and sorry about that denial.

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ws244 says on Sep 22, 2005, 12:35:

visa If you did not know your wife was here illegally a few years ago shame on your wife for not being honest with you. If you knew about this and married her anyway, you must have known this was going to happen, and should have dumped her and found a woman without this situation. You may think the embassy lady as being rude, my guess with all the paperwork in front of her, she was just saying it like it is. No different than a cop stopping the poor little lady for speeding, and when the lady finds out she is being ticketed, saying "what a rude cop". She has been busted a second time now, so plan on spending lots of money, or dump her with a lesson learned.

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ronald1168 says on Sep 22, 2005, 13:10:

Human rights I continue to be suprised that the biggest Democracy in the world is not able to respect simple Human Rights. The right on Family life example. The right to choose your own partner. In the UK this would not happen, if you are married your married that simple and your partner can join you.

Good luck with the Visa


R. Donders
London
ronald at donders.co.uk

ronald@donders.co.uk

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BAQ says on Sep 22, 2005, 13:28:

Just shakein my head Well, maybe they should move to Britian. It amazes me that some people think it's no big deal someone violates the law and then seems to get upset that there are consequences. At what point do you draw the line in violating the law? What laws do you overlook?

If you want to know why I take the positions I do, it is simple, my father taught me there are consequences to your actions, something many people evidently never learn.

If someone doesn;t like our laws, the answer is simple, don;t come to American. If you are not a U.S. Citizen, coming to America is a PRIVELAGE, not a RIGHT. Getting "Deported" means "You are no longer welcome here". Just because she gets married doesn;t allow her to say "KING'S X, forget I broke your laws, let me back in".

Do you honestly think that if I break the law here in Colombia they won;t throw my ass out? SURE THEY WOULD. I realize my living in Colombia is a privelage granted to me by the Colombian Govt. and the same applies for America.

Semper Fidelis !

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ws244 says on Sep 22, 2005, 14:00:

U.K.human rights "Rights on family life" nothing in the the U.S. Constitution having that wording. Rights on family life are only found in democratic country's who also have welfare systems. What started out as a good deed for the fellow man has been simply reduced to buying and selling votes in democratic country's to keep the bureaucrats elected.

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ronald1168 says on Sep 22, 2005, 14:23:

Human right should supersede reaction to BAQ Universal Declaration of Human Rights

Article 16.
(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

So what do you don't understand from this? The guy is simply married to the woman he loves (I Hope) and want to live with her together.
Simple as that.

He should have the right to live with he together. That is what you call civilisation.



R. Donders
London
ronald at donders.co.uk

ronald@donders.co.uk

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ws244 says on Sep 22, 2005, 15:06:

family Ah yes, the proverbial wording "protection by society and the state".
Nothing ever said about "personal responsibility in life" however.

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BAQ says on Sep 22, 2005, 15:22:

No one said they could not get married and they ARE married. I think the problem and argument begins with WHY they are not living in the same country.

Ronald, I understand what you are trying to say, but the truth is different countries just don;t work the same. I know NOTHING about British law so I can;t speak to it directly.

With regards to the original posters situation, they evidently are going to have to live together in a country other than America.

Personally, I think it stinks that I, as an American am not able to travel to Cuba. If I do, my Govt can prosecute me. My wife teached professional dance and would love to go to cuba for a few weeks to see their cultural dance directly. She can go, I can;t without prior approval from my Govt. Yes, I could jump on a plane and go from Colombia but once my Govt finds that Cuban stamp in my passport, i am screwed.

I will give you one better. I am American, my wife is Colombian, if I want to get my wife a residency visa for America, I have to PROVE to my Govt that I can support her financailly. If you are born into poverty in America, thats OK, but if I don;t make a specific amount of $$ each year, my wife can;t stay in America, go figure.

So my best guess is, he is going to have to move to Colombia to b with his wife or find another country that will accept both of them.

Semper Fidelis !

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stripes says on Sep 22, 2005, 20:44:

It's all in black and white... Or, rather, some kind of brownish and white...

Go to http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html#Ineligibilities scroll down to (9) [about 3/4 of the way down]. That's the law. It's been the law for ages. If I stole your car and then married someone, they wouldn't be springing me just to get us together. The UDec, while a completely noble thing, really has no bearing on this discussion. Further, no where in the article does it propose that rule of law should be subverted. In fact, a quick read of any one of the thirty articles would reveal that not a single one encourages the undoing of legal systems that enforce reasonable punishments. Certainly, the US (and the UK, for that matter) violates in word and spirit some of the tenants of the UDec, but it's hard to construe enforcement of a well-published immigration statute as one of those violations.

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ronald1168 says on Sep 23, 2005, 05:00:

BAQ I was not refering to UK/British law, I was referring to Universal declaration of Human rights (United Nations).

But In the UK applying a Visa for your Spouse is a a lot easier because art 16 is part of the European Human Rights directive. So this means that my Colombian wife could apply for her Spouse Visa by post in Colombia and she had it back within a week. The Spouse Visa cannot be refused except in cases of national security. No Interview neccesary at no point at all.

The Visa is free of charge.

I really don't understand all that fuzz about the issuance of Visas to Latino's in the USA, Latino's are very intergrated in the American way of life and the vast mayority are law respecting citizens who are a valuable part of American society. The USA is a large country and there is still a lot of space left.

I do understand that your goverment is carefull with issuance of B1/B2 Visas to Latino's in fear of overstayers, but in this instance we talk about forcebly splitting up a family. This cannot be right in whatever circumstances.



R. Donders
London
ronald at donders.co.uk

ronald@donders.co.uk

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utopiacowboy says on Sep 23, 2005, 07:21:

So what do you think, Ronald, is it racism?

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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Sonny says on Sep 23, 2005, 11:29:

ws244 Nothing ever said about "personal responsibility in life" however.


Your right but that law is written in the Bible.

The other is a right guarded and granted to all of us under the Constitution of the United States.

Friends???? How do you place a value on that?? They are like memories, without them you have nothing

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Sonny says on Sep 23, 2005, 11:34:

BAQ Good post BAQ. Another issue that brings red flags to bear comes from Viet Nam where many women have family in the USA that find men to marry them, bring them to the USA, never live togather and after two years divorce. For this, many men recieved $35,000.00 US (or more depending the status of the woman in question) and a free trip to Viet Nam with all expences paid. Good business right?? Wonder where the money comes from huh??

Friends???? How do you place a value on that?? They are like memories, without them you have nothing

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BAQ says on Sep 23, 2005, 11:46:

Same with China, Tiawan & Russia. BIG MONEY to be made to get the girl here, usually from a`RICH FAMILY who wants their daughter to have a better life in America.

Semper Fidelis !

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Crazy4Cali says on Sep 23, 2005, 12:00:

BAQ wondered: "Wonder where the money comes from huh??"

It's probably much safer NOT to wonder. :)

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Sonny says on Sep 23, 2005, 12:19:

BAQ I know Colombia pretty well but I know Russia very very well.I have a number of friends that work in the American Embassy in Moscow and a few Russian military officers.
They screen women very closely now with a major back ground check of all that ask for the K-1 or K-3. My friends wife had just today come back to the USA after leaving three weeks of their marriage. There was a serious family problem but it took them 11 months to get her through the process and the interview in Kiev and to get her new visa.
If you have never been to Russia all I can say it that it is NOT that bad of a life. The average salary per month there is about $150.00. (Not in Moscow) Of this $150.00 1/4 goes to bills, food. Medical is paid for as is all Education as far as you wish to go. The rest is theirs to do with as they see fit.
The problem is getting work in the field you studied for. The women are far better educated then the men and carry most of the burdin of taking care of the home and kids. Beautiful women in Russia is an understatement I promise.
I took my friends out to a steak dinner (for 6) Steaks, potatos, salad, all the drinks, at a place called Gilly's in Moscow anf after the tip was given the total bill was $46.00. Taxi's $2.00 or less. If you want a truly eye opening experience go to visit Russia. It is as safe for an American if not more so then in Colombia.
Sorry, got off the subject a bit but the Russian culture favors family just as it does in Colombia. You MUST be smarter the the women is all. Serious statement!

Friends???? How do you place a value on that?? They are like memories, without them you have nothing

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ronald1168 says on Sep 23, 2005, 14:12:

utopiacowboy It has nothing to do with Racism. It is simply not respecting fundamental human rights.



R. Donders
London
ronald at donders.co.uk

ronald@donders.co.uk

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utopiacowboy says on Sep 23, 2005, 14:13:

You seemed to be singling out Latinos in your post abopve.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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ronald1168 says on Sep 23, 2005, 14:19:

Utopiacowboy I singled out Latinos but in fact the story is valid for all nationals. In the end of the day this website is about Colombia.


R. Donders
London
ronald at donders.co.uk

ronald@donders.co.uk

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caslug says on Sep 23, 2005, 14:25:

Ronald, the OP broke the law.. she knew the law BEFORE she broke it, now she's paying for it. As BAQ residing in a foreign country is at THEIR discretion. As regard to Universal Rights(UN), that's nice, but it has NO bearing on US laws. Just like it has no bearing on UK law. I can't imagine if a UK resident(not citizen) got deported for breaking the law(ie felony), they would allow her back in JUST because she married a citizen. Didn't the UK recently deport some muslim cleric? Do you think he can get back to the UK if he finds a UK citizen to marry?

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BAQ says on Sep 23, 2005, 14:50:

Need to move to Russia Man, if the cost of living is THAT CHEAP, I need to talk my wife into moving to Russia. I could live like a KING on my pension money. Would THAT not be funny, I GRINGO and COLOMBIANO living in Russia speaking SPANISH !!!!

And if the peso keeps going up, I just might do it. What was the name of that other web site? The RICH BUT HAPPY RUSSIA GUIDE? hahahah

Semper Fidelis !

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stripes says on Sep 23, 2005, 17:13:

According to the Home Office... They would do the exact same thing in Britain:

http://www.ind.homeoffice.gov.uk/ind/en/home/laws___policy/immigration_rules/part_8/part_9.html

I'm pretty sure it's the same for the Schengen States as well. Well, there goes the first world!

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johnboy77 says on Sep 23, 2005, 18:31:

Ronald, you posted:

Article 16.
(1) Men and women...have the right to marry and to found a family. They are entitled to equal rights....

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Where does it say they are allowed to break the law, and that since they are married, the laws should be ignored. I know nothing of the orginal poster, nor of his wife, so I wish them no bad luck, but lets say, you marry a murderer... Does this mean he/she should be let out of jail because you are being denied your human rights?

This charter, was also created by the UN, which has no authority over any country, and has so recently proved itself to be corrupt and useless.

In my country, Canada, you would not be allowed to sponsor someone who has been deported. In fact, if they have been deported from many countries other than Canada, they would not likely let them into Canada.

Also, the original poster is not being denied anything according to the UN. He can have his family, and be protected under Colombian law.

I hope the original poster the best of luck, and I hope he can find a solution. He is not being denied any of his human rights, and he faces a legal challenge which I hope he overcomes.

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Sonny says on Sep 23, 2005, 19:33:

BAQ I have myself given it a lot of thought. This is the major problem however. Work for a man, and what you may own today you may not own tomorrow. Internal government problems and mafia controled everything.
A box seat at the theatre cost $5.00 US but you must buy it from the Mafia. Cost $37.50. It is not costly to live there but it is not stable. To bad! It is a beautiful country and many speak spanish by the way.I went over with $1100.00 and came back with $650.00. I was there for 17 days and that included my apartment and travel and one way plane ticket from Volgograd to Moscow before I left. I spent all I wanted and had a great time. First in Moscow. Then to Volgograd (Stalingrad) then to Voljsky across the Volga river. Look at the movie "Enemy at the gate" if you want a true picture of what happened during the war. It is a true story. 3.7 million men lost defending one city.

Friends???? How do you place a value on that?? They are like memories, without them you have nothing

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ronald1168 says on Sep 24, 2005, 05:00:

Stripes UK has signed up to the European conv. of Human Rights, Art 8 garantuees the protecteion of Family life.

The UK is only allowed to deny entry on reason of public safety.

There are some examples regarding this.

R. Donders
London
ronald at donders.co.uk

ronald@donders.co.uk

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Gator says on Sep 24, 2005, 07:42:

Please Cite the Examples. nt nt

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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stripes says on Sep 24, 2005, 11:00:

Article 8 ARTICLE 8

Everyone has the right to respect for his private and family life, his home and his correspondence.
There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

It seems to me that both UK and US immigration law generally fall within the purview of this article. States retain the right to 'interfere' in accordance with laws that are within the bounds of reason to prevent disorder. UK immigration law denies entry to polygamists (which must fall under the morals exception), denies sponsorship in marriage by and for those under the age of 18 (again, probably as above), and explicitly reserves the right to refuse entry to spouses should they not have leave to enter. Further, as far as visas are concerned, you have entered into the public sphere, and it is doubtful that the article applies.

Under the 1999 Immigration and Asylum Act, a family member can be refused a visa. They are, however, given the right to appeal. This is essentially the same as the US, which can grant waivers for those who are found ineligible. For more information on this, see the Diplomatic Service Procedures put out by the Home Office. Under the refusals section, it specifically says this. Entry to the UK from Colombia requires a visa, and that visa can be denied. And, before 2000, an overstay in the UK was indeed grounds for deportation, which would lead to a visa ineligibilty.

As to the original post's question: There are waivers available under which your fiancee can be granted leave to enter the US. I'm pretty sure USCIS handles these, but you could also ask the Embassy. They will facilitate the waiver should you request it.

As for the discussion on rights: This discussion has gotten off base. I agree completely with Ronald that national laws should accomodate the non-binding human rights agreements that states have signed. There are certainly portions of both states' laws that, at the least, do not conform completely with the spirits of these agreements. However, human rights can never be construed as a subversion of law and public order. Overstays in the US are deportable, and in the UK are subject to 'administrative removal.' National interests and good sense dictate these regulations. To contravene these regulations by making a claim of human rights violations only serves to weaken the system of rights erected by the UDec and European Convention.

In any event, it seems as if Ronald's original argument was that this doesn't happen in the UK. According to statute, it certainly can. In fact, on the issue of deportation, US-UK immigration laws are fairly similer. In yet another similarity, mechanisms of appeal exist between the two countries, and those is perhaps the examples that you are to give us.

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silviat says on Sep 24, 2005, 19:45:

ws244 This guy is just looking for advice because his wifes visa was denied, which I am sure is a very painful situation for the 2 of them.

For what I saw in your posts you are not being of any help... and in certain situations if one has nothing good or useful to add... its better to dont say anything...

So I am sorry to attack your view of this situation (which I am ) but if you have nothing constructive to add you should really just dont say a word... your posts in this thread were just out of it (in my opoinion).

Silvia



"If you did not know your wife was here illegally a few years ago shame on your wife for not being honest with you. If you knew about this and married her anyway, you must have known this was going to happen, and should have dumped her and found a woman without this situation. You may think the embassy lady as being rude, my guess with all the paperwork in front of her, she was just saying it like it is. No different than a cop stopping the poor little lady for speeding, and when the lady finds out she is being ticketed, saying "what a rude cop". She has been busted a second time now, so plan on spending lots of money, or dump her with a lesson learned."

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jack smith 2 says on Sep 25, 2005, 18:34:

Oh yes we can split up a family and the day is coming and we YANKS don't care about what you Limey's do! We are being invaded by ILLEGALS that are destroying our public schools and HOSPITALS are going broke treating illegals....if ILLEGAL parents are deported too bad if the citizen kids get deported too! Let Mexico send their poor to Great Britain!

Our way of life is at risk as our population soars past 300 million!
BTW What kind of kind ARAB immigrants do you have in Britain that like to put bombs on the tube? ENOUGH IS ENOUGH!

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silviat says on Sep 25, 2005, 20:23:

jesus what kind of substance did you take today? Are you drunk?

You are pretty euphoric!

wow

I better go to bed (while I still have one, before a bad evil immigrant kills my american dream and destroys the public school of my not-born-yet kids) and stop looking at your -sin comentarios- posts!

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