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Topic: Travel restrictions while filing?  (Read 1800 times)

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Travel restrictions while filing?
« on: May 14, 2004, 11:15:34 AM »
If David & I do a DCF in London, are there any travel restrictions on him during the processing? We're thinking of getting this party started PDQ, but we've got a holiday in America on June 30th... can he still fly to the US?
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Re: Travel restrictions while filing?
« Reply #1 on: May 21, 2004, 03:02:13 AM »
Id beware personally. There have been cases where Immo has denied entry because of a pending application. But you can always take proof that you need to return to the uk - ie, jobs, house etc. Perhaps contacting the embassy or your port of entry will be more help. You can always take the risk - just make sure you can proove you have to come back! Or you can fly through Ireland - they do US Immo pre-entry there so at least if your denied there you dont have far to get back home! Good luck!
Me (US/UK), DH (UK/US), DD (US/UK)
US > UK (2001, 3 years) > US (2004, 16 years) > UK (coming soon)

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Re: Travel restrictions while filing?
« Reply #2 on: May 21, 2004, 11:26:07 AM »
Yikes -  :(
We have a consult with the lawyer next Thursday and we'll have to ask him about this, and then follow his advice, but CRY! I hope he says we don't have to cancel our holiday! :( :( :(
I'm done moving. Unrepatriated back to the UK, here for good!

Angels are made out of Coffee Beans, Noodles, and Carbon.

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Re: Travel restrictions while filing?
« Reply #3 on: May 24, 2004, 03:34:56 PM »
I spoke with the embassy today, and they just confirmed what you all have been telling me - - - don't go to America while the visa is being processed. She was really nice about it. She said there is so hard rule about it, but it will just be up to the person receiving us at Immigration in the US. If it goes well, they let him in the country. If it goes poorly, and they think we're trying to get around the system, they ship him back to the UK on the next flight and our entire visa is then in danger. And that worst case scenario just isn't worth the risk. I'm absolutely gutted. My family won't meet my son until he's 6 months old. Every time I speak to my family over the phone they go on and on about how wonderful the family reunion in July is going to be, how they can't wait to meet Philip, how much fun it is going to be and how nice it will be to have the family together again. And now we can't go. We can't risk screwing up his visa. I want to just crawl in a closet and not come out.
I'm done moving. Unrepatriated back to the UK, here for good!

Angels are made out of Coffee Beans, Noodles, and Carbon.

http://flyingnunns.blogspot.com
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Re: Travel restrictions while filing?
« Reply #4 on: May 24, 2004, 05:19:32 PM »
http://www.visajourney.com/forums/index.php?pg=k1visit

It talks about the fiance visa, but it goes the same way for a spouse visa. 
I'm done moving. Unrepatriated back to the UK, here for good!

Angels are made out of Coffee Beans, Noodles, and Carbon.

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Re: Travel restrictions while filing?
« Reply #5 on: May 24, 2004, 06:48:20 PM »
Im sorry to hear that your trip has to be canceled, but its for the greater good. Dont want to put that visa at risk. Why cant you go on your own tho? I know its no fun traveling without your spouse but if you really want your family to meet the baby sooner than later, go and have fun at your family reunion yourself. That way you dont have to set back the filing if the visa papers, and you dont have to cancel the whole trip altogether.

Hope it all works out for you!! Let us know how it goes!
Me (US/UK), DH (UK/US), DD (US/UK)
US > UK (2001, 3 years) > US (2004, 16 years) > UK (coming soon)

Specialist in UK > US Immigration via Direct Consular Filing (DCF), Founder of Dive Into America (2003-2020)


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Re: Travel restrictions while filing?
« Reply #6 on: May 25, 2004, 05:51:31 AM »
Sara I feel your pain...believe me!  :-[

My dad was diagnosed with pancreatic cancer about three months ago and it appears that the cancer is spreading quickly now. We had Laurie fly out to meet him right before filing the DCF (which we had to postpone for just this reason), but now we're trying to find out if there is ANY way he can come out to the funeral, which seems to be somewhat imminent.

Since this was my mother's first husband and they were not on good terms, and since I have no other real siblings, I will have to go alone...and I can't bear the thought of that. It's been bad enough being without my honey since the end of December, but this is torture.

But Laurie did call the embassy today to explain the situation and they said it may be do-able if we can get a doctor's note and/or death certificate. Plus he'll need to bring proof of return to the UK. This is a nightmare, since we don't know when this may be and I don't know if we should take the risk, even though she said it would be ok. I think I may e-mail them as well, at least to have something in writing to show LAX immigration officials.

So, I feel so much for the frustration and disappointment you're going through! :\\\'(

Does anyone think we may be crazy to risk this? I just don't know.

Hoping we ALL can get through this...quickly!
Brooke
Cake or death? Cake please!


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Re: Travel restrictions while filing?
« Reply #7 on: May 25, 2004, 11:14:18 AM »
[[[hugs]]]  Sara,  I was afraid of the answer to this problem, so have avoided it. I had read on other sites that the person applying for K1 could not visit while it was being processed, but was hoping there would be aroudn it for you Sara. Once you guys have his papers in hand, and can move over, it will all be just a memory.  Hopefully soon.


Re: Travel restrictions while filing?
« Reply #8 on: May 25, 2004, 11:21:45 AM »
Sara, why not phone the embassy and explain the situation to them. I'm sure you can't be the only person that has been in this position before. Perhaps there's some kind of letter or authorization form that they could supply? Might be worth a try ;)

 Sorry.........just saw above that you tried that route........just seems that there should be some flexibility in this rule.
« Last Edit: May 25, 2004, 11:24:13 AM by CeltictotheCore »


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Re: Travel restrictions while filing?
« Reply #9 on: May 25, 2004, 12:30:20 PM »
Aww, I'm really sorry, Sara.  Unfortunately I think we all find ourselves in a similar situation from time to time.  You'd think it'd be so simple to plan a visit, but it rarely is!    :(

Going alone isn't a bad idea, really.  If it were my family, I don't think they'd notice if DH and I weren't there...they'd be too focused on the new little one!   ::)
« Last Edit: May 25, 2004, 12:33:42 PM by lolabola »


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Re: Travel restrictions while filing?
« Reply #10 on: May 25, 2004, 01:53:50 PM »
Brooke,

It seems to me youd be alright if you could get a fax or scan of the death certificate and could show that you have return tickets back to the UK and maybe a letter from his employer to say they know he's going to a funneral and that they expect to see him back on such and such a date and that the job is permanent and has not ended. At least that would show he has a reason to go back.

Also you could keep your travel time down. For instance, dont go for two weeks, just a few days. And you could try using Ireland as a connection. As I said before to Sara, at aiports like Dublin you get checked in through US Immigration before you even set foot on the plane. So at least if he gets denied there, he doesnt have far to go back home.

If he did get denied I hardly think that it would put his visa at risk because you could easily show the interviewing immigration officer that he was trying to go to the US specifically for the funneral of your father.

If you want more info on going via Ireland, check out http://www.visajourney.com as there have been many discussions regarding it there on their forums.

Good luck and best wishes to your family,
Sarah
Me (US/UK), DH (UK/US), DD (US/UK)
US > UK (2001, 3 years) > US (2004, 16 years) > UK (coming soon)

Specialist in UK > US Immigration via Direct Consular Filing (DCF), Founder of Dive Into America (2003-2020)


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Re: Travel restrictions while filing?
« Reply #11 on: May 25, 2004, 07:04:04 PM »
Thanks everyone.

David & I went to the embassy today to register philip, get his social security number, and get his US passport. While we were there we asked the lady who was helping us, and she said that if it was *her*, she wouldn't risk it. You just can't count on the person receiving you to be nice, and no proof is iron-clad. Just because you own a house in England, have a job from a company... doesn't mean you are going back. So that's 2 people from teh embassy saying exactly the same thing: don't risk it.

We're considering having me go over with Philip by myself, and DAvid just working through those 2 weeks. I dread getting on 2 long-haul flights with him... but saying that, he's a pretty perfect baby. We ust had him out and about for 9.5 hours straight, with lots of chaos on the trains, tube & embassy - and he didn't bat an eye. So who knows, I may go without David. :( Still, he wishes he could come.

Also - I asked the embassy lady what would happen if he was denied on the US end, what effect would that have on his visa application? Her answer: no one knows. They could just go ahead and issue the visa no problem, or they could agree with the US official and think that we were trying to cheat the system, therby denying us our visa.

And HUGE hugs to you Brooke - I hope the embassy can work something out for you, I really do.
I'm done moving. Unrepatriated back to the UK, here for good!

Angels are made out of Coffee Beans, Noodles, and Carbon.

http://flyingnunns.blogspot.com
http://coffeebeancards.etsy.com


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