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fiance visa refused, please help

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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dajr091284
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Posts: 1
Joined: Thu Nov 20, 2014 3:50 am

fiance visa refused, please help

Post by dajr091284 » Thu Nov 20, 2014 4:16 am

I am a US citizen and am marrying my fiance in the UK. After filling out the necessary paperwork and paying the small fortune of the application, it was refused on the basis of not meeting the financial requirement because they did not get the Appendix 2 form.
They sent me an email October 16th requesting appendix 2 but I regrettably did not see it until it was too late. The notice of refusal stated that in the email they sent me requesting appendix 2 that there was a deadline of November 6th. No such deadline was actually written in the email. The notice also said that they sent me a reminder email October 30th. No such email was ever sent to me, or at the very least I never received it. So the entry clearance officer denied my application because he couldn't determine my whether or not my fiance met the financial requirement. Even though I did submit 7 months of bank statements, pay slips, and the P45 form from the HMRC all stating his monthly pay. He exceeds the minimum salary threshold by a large amount so I would like to appeal on this basis. My argument being that I was not given appropriate notice for a deadline to give them app 2, never sent the alleged reminder email, and that the pay slips and statements' probative value outweighs app 2 anyway and the ECO should've used his discretion in my favor because of that.
Should I appeal? I can't really afford to do a whole new application as with shipping it cost me close to $2,000. If I appeal, should I do paper or oral? Should I ask my fiance to be my representative? How long will the appeal process take?

sherriesmum
Newbie
Posts: 37
Joined: Fri Aug 22, 2014 6:40 pm

Re: fiance visa refused, please help

Post by sherriesmum » Thu Nov 20, 2014 9:18 am

if you never did the appendix 2 the u will be refused.you need to reapply and put all the information forward this time.i doubt your appeal will be successful if u dont.also check u meet the finacial requirement.

philemon_bodiba
Junior Member
Posts: 85
Joined: Wed Oct 03, 2007 1:35 pm
Location: Spalding

Re: fiance visa refused, please help

Post by philemon_bodiba » Tue Dec 30, 2014 9:26 am

Without the Appendix 2 form your entire application wasn't complete. And that's surely a ground for refusal.
Reapplying is the only best option.
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vinny
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Posts: 32953
Joined: Tue Sep 25, 2007 8:58 pm

Re: fiance visa refused, please help

Post by vinny » Tue Dec 30, 2014 9:46 am

You may appeal (Oral) and supply the additional specified evidence as specified in Appendix FM-SE.

With luck, the ECM may overturn the refusal.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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