Trying again

So in April I applied for a proposed civil partnership visa in New York City and had the application denied.  Anne and I have addressed the issues raised (mainly she was in a probationary period at work, we didn't have written permission (only verbal) from the landlord saying I could stay at our flat in York, and they think I overstayed my visitor visa 17 Nov 2004 to 19 July 2005.) and are reapplying this Friday.

We have mounds of supporting documentation this time.  Bank statements, my CV, letter from the organisation I volunteer for, affidavits of 3 individuals stating I was in the US when they think I was in the UK, a fax from the airline confirming I was on the plane from the UK to USA, CC statements for airfare, itineraries for airfare, letter from our landlord stating I have permission to stay there and that I'll be placed on the lease upon arrival...

We've covered all of the ECO's objections except for one: what I did during my time in the UK.  They didn't believe me last time and they won't believe me this time: I'm quite content to spend time with Anne in our flat watching tv and using the computer.

Is it standard procedure for fiancée visa applications to interview the applicant? Do they sometimes forego an interview if the concerns are met with the accompanying documentation?

Is it standard procedure for fiancée visa applications to interview the applicant? Do they sometimes forego an interview if the concerns are met with the accompanying documentation?

It is if there are any red flags, like financial or if they person trying to enter was denied entry, or if they think it is some sort of arranged marriage.  The board is filled with those who get stuck with the interviews for fiancee visas.

Most likely, because of the previous denial, you will get flagged for an interview, but who knows.  It is all subjective.  The biggest problem is that wrongly or not, they think you were trying to "cheat" the system.  The best thing you can do is show that no matter what was in the past, you are going to play it 100% by the books and that you won't end up on the public dole, so "being perfectly content to sit around the flat and play on the computer" may not be in your best interest.  You might want to at the least be able to address how, once you register your civil partnership that you have marketable skills in the UK, include your CV and demonstrate that you are not going to take advantage of any public funds.

It is if there are any red flags, like financial or if they person trying to enter was denied entry, or if they think it is some sort of arranged marriage.  The board is filled with those who get stuck with the interviews for fiancee visas.

Most likely, because of the previous denial, you will get flagged for an interview, but who knows.  It is all subjective.  The biggest problem is that wrongly or not, they think you were trying to "cheat" the system.  The best thing you can do is show that no matter what was in the past, you are going to play it 100% by the books and that you won't end up on the public dole, so "being perfectly content to sit around the flat and play on the computer" may not be in your best interest.  You might want to at the least be able to address how, once you register your civil partnership that you have marketable skills in the UK, include your CV and demonstrate that you are not going to take advantage of any public funds.

Yeah. I'm including my most recent CV and a letter from the organisation I volunteer for.  I have 4 years contributing and 3 years in a official capacity - and it is totally in my career path.

While I stated that I was happy to use the computer and visit Anne that stands because I was a visitor and unable to work; I fully intend to work when I'm able.

I've never been denied entry at the door, so to speak, but a previous visa application was denied.  I hope that since we're showing that those objections are fulfilled (stable job, alright finances, place to stay, didn't overstay visa, I have marketable skills).

I've never been denied entry at the door, so to speak, but a previous visa application was denied.  I hope that since we're showing that those objections are fulfilled (stable job, alright finances, place to stay, didn't overstay visa, I have marketable skills).

Hopefully it will work out this time.  At least overcoming the objections should make it easier.  But because they think you might have overstayed your visa, even with proof, they are going to likely want to interview you and talk about the situation.  But it shouldn't be a big deal.  They are going to want to cover the proof you have that you didn't overstay.

Let me ask you this, what time period are the saying you overstayed your visa?  What time period did you actually stay?  The point, I am making, though Victoria S might want to chime in, is that Registration of Civil Partnerships didn't become effective until December 15th 2005.  Is there any point in pointing out, up to that point the only options they had were unmarried partners rules, which have a very high standard of proof and that basically to be together during that time period, the only way they could be together was for her to come in under a visitors visa at the time, but had every intetion of not overstaying the visa, coming back to the US and applying for the proper paperwork?  I don't know if it would help anything, but it was just a thought...

Hopefully it will work out this time.  At least overcoming the objections should make it easier.  But because they think you might have overstayed your visa, even with proof, they are going to likely want to interview you and talk about the situation.  But it shouldn't be a big deal.  They are going to want to cover the proof you have that you didn't overstay.

Let me ask you this, what time period are the saying you overstayed your visa?  What time period did you actually stay?  The point, I am making, though Victoria S might want to chime in, is that Registration of Civil Partnerships didn't become effective until December 15th 2005.  Is there any point in pointing out, up to that point the only options they had were unmarried partners rules, which have a very high standard of proof and that basically to be together during that time period, the only way they could be together was for her to come in under a visitors visa at the time, but had every intetion of not overstaying the visa, coming back to the US and applying for the proper paperwork?  I don't know if it would help anything, but it was just a thought...

They believe I stayed from 17 Nov 2004 until 19 July 2005 when in fact I left on 7 Dec 2004 and re-entered on 22 Jan 2005.  I didn't receive exit or entrance stamps in my passport.  My flight from JFK to SHN was delayed and my connection was tight as it was, so when we landed the airline attendant told me to run down a certain hallway to the gate. I barely made it and in fact the door to the walkway was closed!  I didn't pass any immigration officials (or anyone for that matter).  Ireland to England is domestic so there wasn't anything at Heathrow either.  When I got to the main area of Heathrow I had a film crew on me and a huge bouquet of flowers as Anne proposed to me (on film).

I'm hoping the three affidavits, circumstantial credit card statements and itinerary, and airline confirmation will be enough to refute that!

On 26 Sept 2005 Anne came to the US for her birthday (the 28th), I showed her Niagara Falls and she stayed with me for a month. When we re-entered the UK the ECO there was very leary about letting me in but we said that it was the only option since the civil partnership thing wasn't legal yet.  I stayed for 6 months.

I have no problem with an interview but I'm not very good at communicating what I mean verbally.  Well, that and I want to go home! lol

I have no problem with an interview but I'm not very good at communicating what I mean verbally.  Well, that and I want to go home! lol

Well, you are doing a good job here.  I would just go over some of your posts here in your mind, especially explaining how they ended up thinking you were there over your visa.  It is very logical and understandable.  I know Ireland<->UK is VERY lax (except coming from Belfast to Heathrow, that is just plain weird).  I would say, just to calm your nerves, you might even want to practice for the interview.  Do some roleplaying.  I know how flustered people can get under pressure and that only goes to make them think something "wierd" is going on.

I'll try and update this again, hope the board doesn't hiccup again...

They did indeed want an interview.  I gave the officer my packet of documents and was told to sit and wait while it was reviewed by his superior officer.  I waited an hour (and was glad I brought a book to read) and was called back up to the window and told they wanted an interview. Le sigh.

Wednesday July 12 at 10:00am is a phone interview.  I'll definitely have all my documentation at hand to reference.

Wednesday July 12 at 10:00am is a phone interview.  I'll definitely have all my documentation at hand to reference.

OK, now is time to cross our fingers and pray to whatever higher power(s) we believe in...

I'm going home. 

Wednesday interview was nervewracking because they really dwelled on Anne's finances (we're still recovering from the February eviction) and I really felt they weren't going to issue the visa...but they did!! I picked it up today at 11am.

I'm completely over the moon and constantly looking at page 10 of my passport to really make sure the entry clearance visa is there.

Phew!!!!

Congratulations!!!!  Persistance and paperwork have paid off!   

Have a great reunion.

Congratulations!

Congratulations!!!

SUPER CONGRATULATIONS DOH!  I knew it would work out...  You made it through!!!!!  Best of luck and enjoy your new life!

Well done and congrats