Denial?!

Hi all,

Received our application back today from the US Consulate in London.  Apparently they dont think they have "jurisdiction" to process the application!!!  They are questioning my wife's Leave to Remain in the UK!  Just to confirm, all we need as proof is a photocopy of the UK visa in her US passport with the entry stamp right?  There is no requirement that we have been here for 2 yrs or something stupid, right?

Spoke to the consular office and we're pretty sure it was a misunderstanding (the entry stamp wasnt very legible on the passport - although the visa was loud and clear!)...  They requested we send it back and contact some other department by fax, which we have done.

Anyone else experience this incompetance from the US Consulate?

Thanks!

S.

Good Lord!! Let's keep our fingers crossed that it really was just some illegible documentation/stamps... when did they say they'd get back in touch with you? ((hugs)) !!!

I have never ever experienced incompetance within the US consulate at London and I think its rather unfair to call this matter as such. They probably have very good reason to question the jurisdiction (not that Im saying you're attempting something cheeky, not in the slightest). It could be that the stamp / visa on the photo copy was illegible. Perhaps you have to have Idefinite Leave to Remain, not just further leave to remain (dont know which you have so I cant say for sure, just a thought). Perhaps try sending the letter which accompanied the passport when it was returned with the stamp/visa. The letter is just as acceptable and perhaps will photocopy better.

Good luck and keep us informed! I hope its nothing serious.

Hiya,

The reason I used the word "incompetance" was because in all my dealings with various US governmental departments, there is usually a lot of confusion (even within their own departments) about procedures, requirements, etc.  They change things at the last minute, forget to update any information systems they have, then blame the person who has to deal with them (e.g. when they make fee changes but dont update their website!).  Also US immigration in particular seem to have a very arrogant attitude (just trying to talk to them on the phone is impossible - it's like you're "beneath" them).  I know that probably not all of the staff are like this, but a sizable portion seem to be!  Just very frustrating is all, considering the amount of time and money already spent

Anyway, after speaking with them, it does appear that the mistake *was* theirs!  They say they dont know where the mistake happened, and that all that is required is that my wife has LTR with no restrictions on working (which is plainly visible by her Entry Clearance visa).  They should have received the application again yesterday, so we're just waiting for them to process it again.  The most annoying part is that we could have potentially lost 2 weeks in processing time (I'm not holding my breath about them being nice and putting us back in the queue in the right place)!

Thanks for all the support   I'll let you all know what happens!

S.

Well that's really good news then! Please do let us know what they say, what a scary thing to happen!

As for incompetence stories - when we went in for our interview at window 13 we got a really, really nice guy. We had been given a receipt from when we paid the fee, and were told "when you interview at window 13, he will want this receipt". So we got through the entire interview, he was going to send us off, but I said "wait a minute, don't you need this?" and showed him the paper - He actually smacked his forehead!  It wasn't a problem for us, buit for the 3 people he interviewed before us he had to call them all back to get their receipts!!! We weren't upet about it - but sitll, we could easily have gotten on the train back home having missed 1 bog part of the interview, and may have had to wait longer for the visa! So no - - I don't think the US Embassy is immune to things like this. No one is!

Arrrrrrg!!!

Just received word from the embassy again...  They are STILL claiming that my wife doesnt have permanent residence in the UK, so they wont process it!!!

My wife and I just spent almost £2000 going all the way to New York to get her Leave to Remain just so the consulate would accept her application...  What am I doing wrong?!?

Are they *really* saying that she needs to have been here for TWO YEARS before they'll accept the petition?!?  Has anyone else here ever applied at the US Consulate whilst still on the conditional Leave to Remain??

Please hellppp...

Thanks!

S.

I'm just as confused as you are, Emmy.  I don't understand--if they just want to know that she's established a UK residence and has no restrictions on working in the UK, a FLR stamp/spousal visa should satisfy that requirement.  Did anyone actually say anything about 2 years or ILR?

I'm not going through this process and probably won't do so (if we do it) until after I have my ILR.  But really, I can't see how they'd require your wife to obtain her ILR before processing the application.  They can't force y'all to stay in the UK two years so you can move back to the US!

There's something fishy with this....I really think someone somewhere has a terrible misunderstanding of what's required in order to process your application.  Could you ask to speak to a supervisor or something?  Maybe write a letter or fire off an email asking for a VERY clear list of the criteria to be met in order for the application to be processed?

Ugh.  I'm frustrated for you!   

I have NO idea - this is ridiculous and I'm so sorry it is happening to you!
Are you receiving word by post, or are you actually speaking to someone? I'd insist on speaking to people if I were you, and would even call there and be a total jerk on the phone and insist you talk to someone high up, because they are clearly making a mistake here. 

And yes, I made my application while on my FLR visa. And I hadn't lived here for 2 years yet. And they had no problem at all...

Hi all,

Thanks for the responses...  Okay, I think I need some clarification...

What's the difference between LTR, FLR and ILR?  I thought LTR and FLR were basically the same thing...  My wife and I went to New York and filled out the VAF2 form, got the visa, and then got stamped on entry.  Unfortunately the stamp doesnt say LTR *or* FLR on it (then again the stamp is not very clear...).  So, do we have LTR or FLR?  Do we need FLR?  Can we apply for FLR?  Is that what the US Embassy wants?  Soooo confusing!

Anyone got a definitive definition?

Thanks!

S.

Hi all,

Thanks for the responses... Okay, I think I need some clarification...

What's the difference between LTR, FLR and ILR? I thought LTR and FLR were basically the same thing... My wife and I went to New York and filled out the VAF2 form, got the visa, and then got stamped on entry. Unfortunately the stamp doesnt say LTR *or* FLR on it (then again the stamp is not very clear...). So, do we have LTR or FLR? Do we need FLR? Can we apply for FLR? Is that what the US Embassy wants? Soooo confusing!

Anyone got a definitive definition?

Thanks!

S.

LTR - Leave to Remain
FLR - Further Leave to Remain (which is now called LLR, Limited Leave to Remain)
ILR - Indefinite Leave to Remain

Your wife got a Settlement Visa in NY - which gives her the right to live and work in the UK based on her marriage to you for 2 years.  At the end of the two years, she would apply for ILR (if you were staying in the UK).

The only restriction she has right now is the inability to apply for public funds (which does not include NHS, by the way).  Otherwise, she is on exactly the same footing as Marlespo when she applied on her husband's behalf.

You are getting some serious misinformation and I would definitely second the opinions here and try to contact someone higher up the "food chain" as it were.

Of course, could be that there's a very short time between your wife being issued the Settlement Visa and your application to move back to the US.  When did she enter the UK and when did you send in the application to the Embassy?

ditto all of what peedal said!

Hiya,

Thanks for that - it's what I thought too...  

She was in England for about 2 months before we went to NY together and got the settlement visa, then came back immediately (we were there for just 3 days)...  We then forwarded the application to the Consulate about a week later.  The whole fiasco cost us almost £2000!

However, I dont know how relevant the timing is as she is a permanent resident of the UK and she doesnt have a residence in the US!  Therefore she hasnt got the "right" to file in the US...  She is also a dependent on me, living at a permanent address with me in the UK.

They dont have any requirements anywhere that says she has to have been in the UK for any amount of time, and I even checked with them *before* getting the LTR!  They simply changed their story - which is extremely frustrating and annoying.

Thanks

S.

It's possible, though, that they're looking at the time frame and saying that you're saying she's "living" in the UK only to expedite your application.  Because quite frankly, doing it this way is a matter of months, whereas doing it the "other" way could take MUCH MUCH longer.

I mean, look at it.  She gets a Settlement Visa for the UK and then a week later is petitioning to have move her UK husband back to the US with her...doesn't show much intent to settle in the UK at all - and that might be where the decision lies.

Ahhh...yeah, I agree with Peedal.  I think if there was more time between her obtaining her FLR and sending in the application, you'd be fine.  But the way you've done it, they can be forgiven for thinking she's claiming residency in the UK solely for the benefit of applying (for the much-shorter process) from the UK.