Hello VO, I appreciate your effort in enlightening most of the people here, I hope you can help with this case of my friend.

He is a twin and from a family of 4, his twin brother and two sister are already in the US with their mother, buy he chose to live with his dad even before they left Nigeria, due to the fact he was living with his dad, the mum couldn't take him with the rest to the US when they migrated long time ago, but she still managed to include his name in their application/filing for a stay in the US. Right now the whole family have been issued a green card and my friend is the only one in Nigeria, so he will need to get an interview for his own immigrant visa to join them as an unmarried son of a Green cars holder. Here is the problem he is facing, back in 2004 when he was going to get his first Nigeria passport, he took it with a totally different name and dob with the hope of leaving for the Uk permanently but unluckily for him, he was back here again after some years, he decided to continue using that new name ever since and got a new Ecowas passport on that name which is different from the real name which his mum filed for him with the US. Now he doesn't know how to go about telling the US that he is the one who uses a new name now and he doesn't want to jeopardise the chance his mum has given him cause he really will prefer moving to the state now. Is it possible for him to get a change of name done? and will the America embassy agree to issue an immigrant visa to someone who has just had a name change after petition has been allowed as an unmarried adult son of green card holder?

girlfio:

Since they are not questioning the validity of the documents, all u should have to do is present the documents they claim to have not seen to the judge. Do you have a copy of all the documents submitted for the appeal? They can't ask you to respond to anything outside of the refusal points noted in your determination letter.

Thanks so much for your regular advise and encouragement. God will bless you abundantly.

Hopeforallone: @ Dunique - Yes two in a half years is a long time. I feel for you. By this time next year you will be enjoying next summer with your wife.

I pray so, Amen and thank you so much, may your prayers get answered too.

girlfio:

Did you supply 12 months of bank statements with the monthly incomes highlighted along with evidence of each of these incomes eg payslips or receipts? If your bank statements clearly show incomes totalling/exceeding the threshold then u may need to look in to validating the source. Letters from work/contractors on headed paper with contact details validating your supplied documents could help your case.

They claimed to not see 2 months bank statement and 2 payslip, I used combined income which is self employed and employed, although our SA300/SA302 was there, they still said it wasn't, all that have been included in the appeal and also employer's contract letters with tax payment receipts, I just don't know what else they may say at the end of the day, if my wife paid close to 3000 pounds for tax calculated on 20000 pounds earning, then who are they to be condemning our paper works? everything was sorted by an accountant and we paid the professional too.

Hopeforallone: @ Dunique - First week of November my brother you are truly blessed that is really quick. I know you have been waiting a long time because you got caught up with all the Law. How long have you been in Nigeria for now?

I have been here for 2 & half years, I wanted to ask if anyone knows from the previous court cases, if people have been favoured in court when clearing a financial requirement case. The SA300/SA302 which is a statement for a self employed account with HRMC, contract letters from employers, 1-2 payslips & a month bank statement is all that was missing and my wife and solicitor have submitted them with the appeal including tax receipts, from my bundle that was sent to my representative, they agreed that I and my wife were and are truly together but still maintained their decision on the financial requirement. I don't know what their point may be in court, that is why I am curious.

sunnychic:


@Ikato3540 Visasheffield@homeoffice.gsi.gov.uk.

Took them almost a month to reply us too. Pscheewww.

Yes, that is the same email I have been using, sad they take 3-4 weeks to respond now. They will eventually.

Hopeforallone: @Dunique - yes time is going very quickly. I am nervous though. What date in November are you going to court?

First week, so I see it as two months time.

Hopeforallone: @ Hey Dunique - Any news yet? has the home office received the bundle and are you definitely going to court?

. Yes we are definitely going to court, they maintained their decision on the finally requirements, saying I still didn't put all the necessary paperwork work, but they gave up on the other refusal point, my wife said everything was in the appeal submitted by the solicitor, I think we will just settle it in court. Your court date is approaching quick, are you looking forward to it?

Chrizizon: Greetings to the entire house especially to the gurus justwise...vicjustice n co

Once again I need your candid advice..I'm about to submit an application for uk visa. The thing is that in my previous passport which has been 'cancelled without prejudice' there are lots of expired visas of different countries n residence permit..However there are also some stamps with questionable authenticity on it, I hope u understand me. I want to know if it will be risky to attach such previous P To the new one which is clean with an expired and a valid visa as I am thinking those x-ray eyed ECO could detect things from the previous P..cos really I dey fear 10 years ban oh..I really need ur advice on this..should I declare that P stolen or lost or attach the Previous P to boost my application. Please only advice needed here n no criticisms or blames. thanks

I am not so experienced but I will tell you not to risk submitting that old passport that is complicated with your new application, you already know they have x-ray eyes, better not give them a chance, a refusal is better than a 10 year ban afterall.

Oloritunjino: to God be the glory...i have gotten my spouse visa today. I pray may we all have successful appeal like mine.

Amen & congratulations @ Oloritunjino. God will bless your journey too.

Hopeforallone: I know its been pretty quiet since most of us received our court dates for this year and early next year but I truly hope that anyone's case can be overturned before the court date, believe by faith. Stay encouraged.

. It is true what you said, we need to encourage ourselves, after all it isn't us alone in this but many others who are waiting too.

Hopeforallone: @ Dunique - sometimes I feel like giving up, I must be honest.

You can't give up, all the hustle and the stress you have given your partner, you can imagine if they fell in love with a British citizen like them, they won't have to suffer or go through all these stress. I have argued so many times with my partner but God kept her cool cause she understands more than I, the pressure gets to me some times trust me. Plus I have got a decent mother in-law, she said she is going with her to the court for the hearing.

Hopeforallone: @ DUNIQUE -Yeah I know the feeling? When did you put your initial application in?

October 3rd 2013, but I have been applying for this thing since May 2010 after my marriage in the Uk.

Hopeforallone: @ Dunique - Am not sure about that but I know we are going to court so that's what am preparing for.

I just want it to be over soon, I want them to give up on my case and not come court at all. Nothing is impossible.

Hopeforallone: @Dunique - We are refused on paragraph 320 that's why we are going to court. So we are trying to provide as many statements from family and friends. We only just started to ask people. All the other requirements are met, so we are going to court over the history.
We can not provide any other information for them really. Because there is nothing to prove.

Have you received your bundle from the tribunal? If so, did they say if the home office have sent them the bundle for your case at all, just asking cause of what sunnychic suggested, if it hasn't, then maybe your case haven't been reviewed neither

Hopeforallone: @ Dunique - The best thing you can do is gather all evidence for the court case and seek not a barrister but a immigration lawyer. For my financial requirement we submitted
-12 payslips
-Letter from employer
-Contract Letter
-Bank statements

Accommodation - Evidence stating that the house was owned or tenancy agreement of a one bedroom flat

Subsisting Relationship - We went over the top
-Pictures of family and friends
-Emails over one year
-Letters
-Birthday Cards
-Talk home cards and so on everything we had pictures from all over the country you really have to go over the top when it comes to relationship.

Did they refuse you on paragraph 320?

What paragraph were you refused on @ Hopeforallone?

Hopeforallone: @ Dunique - The best thing you can do is gather all evidence for the court case and seek not a barrister but a immigration lawyer. For my financial requirement we submitted
-12 payslips
-Letter from employer
-Contract Letter
-Bank statements

Accommodation - Evidence stating that the house was owned or tenancy agreement of a one bedroom flat

Subsisting Relationship - We went over the top
-Pictures of family and friends
-Emails over one year
-Letters
-Birthday Cards
-Talk home cards and so on everything we had pictures from all over the country you really have to go over the top when it comes to relationship.

Did they refuse you on paragraph 320?

How do I know which paragraph? Cause my initial refusal letter doesn't say anything like 320 or anything, I was even double checking that today and it didn't say such, I don't have letters at all cause we never write letters, we do have printed facebook chat from when our relationship started and also lots of pictures of different trips we went when I was still in the UK, also the pictures of her when she visited last year April. We also added the payslips, Sa300, tax receipt, employment letters etc to the appeal.

Hopeforallone: @ Dunique - My brother your court date is really good compared to others, only two months after mine. So what did your refusal say? Are you refused on relationship, financial and accommodation is that the reason they are taking you to court?

Yes basically that, I meet all the requirement, my relationship is genuine, my wife earned around 21k plus for that relevant year and we also have a fixed accommodation for us. The things we missed out were the things we overlooked cause we were not experienced enough and I didn't use a solicitor at first, I did it all myself. Poor me!

Ikato3540:

@Dunique.

It's a good idea you added the tax receipts from HMRC in your appeal. It potentially strengthens your claim of meeting the financial requirement.

They might have already reviewed your case, but who knows for sure. And I don't think one can say if they would or wouldn't overturn before it gets to court. They can be unpredictable attimes.

The time wld run out quickly and Nov wld soon come. ( basically in 3 months)

@ Ikato3540 hopefully they will overturn it, so the waiting time gets reduced and I can save myself some fast heart beats

sunnychic: DUNIQUE, if they have sent ur bundle to the tribunal then they have most likely reviewed it. But if u got a letter asking them to send the documents along with the one they sent ur court date in then I guess they.have not reviewed it..

Lucky u, November is just round the corner. Let's all keep out fingers crossed and keep praying. There is nothing God cannot do.

sorry @ Sunnychic, who is asking who to send the document, is it the tribunal that will be asking the homeoffice in that case or who? Because I haven't received my bundle yet, my partner called the tribunal and they gave her the date.

So basically the letter I will receive for court will also state that the home office should send my bundle or what exactly? Please don't get tired of me or my questions oh.

Ikato3540:


TBH, it depends on what the grounds for your refusal were. What exactly were the grounds for refusal. Normally they should overturn if you have provided the correct documents to counter the refusal reasons. If u have satisfactorily responded with evidence, they should overturn.

So it kinda depends on the exact grounds for refusal. They also should send you the reason they refused to overturn their decision to you and with the appeal bundle.

If u have more than one refusal reason, they may have conceded to one but stuck with the other.

it was two refusal reasons, one was that I do not meet the relationship or accommodation requirement and the other is that I do not meet the financial requirement, because they said a payslip was missing, and employment letters and also I relied on self employment too, they claimed we didn't include evidence of SA300 or SA302 of which we did. So we have tried to get those thing sent to them during the appeal and also my wife had to pay her taxes around the time of my initial refusal, so she added the receipts of the taxes she paid, which was up to 3000 pounds.

Hello house, one more question for anyone who has an idea, do you think the HO has definitely reviewed our case for those of us who got a nearer court date? just wondering if they think they stand a chance against us. Reason why I am asking is that, I am hoping they can still overturn their decision in my case too since I included the document they said was missing in my appeal, so if that isn't enough for them, I wonder what they want from me and my partner.

Ikato3540:


You know something? It's not so bad you know?!

But so sorry to hear it's going to court. It would be over soon and by Christmas you may be back here looking for ticket prices.

I am hopeful for you. But please DO get a GOOD immigration barrister, and please do prepare the best possible way.

Please don't mind the cost. This is your one shot to make things right.

All the best.

I will try my best, God will take control and Amen I will be doing that by Christmas time. Thanks for the word of encouragement.

Ikato3540:


My Days! What a journey you've been on.
Everything is going to be ok.

Have u contacted the Tribunal? What did they say?

Thanks so much @ Ikato3540, I really can't wait for this to end in praise, I really want to have good testimonies and I hope all of us do have by God's grace.

Everyone I have gotten a court hearing date and it is set for November.

fazo14: This isn't an easy journey we on, I would want 2encourage every one of US, we stay positive and hopeful. As girlio said We Need God more than ever$ I trust He will hasten to our aid$ favour Us all. No matter wat our situation is God can make all things New$Beautiful, Luke 1:37 says Nothing is impossible for God.

Got my court date some days ago for February 2015,it dealt me a heavy blow,but I tell myself 2accept it $prepare towards it in good fate and pray its successful eventually. I urge us all in same spirit. God bless Us all Amen!!!

This is sad, second person getting a February court date, I am yet to find out mine still.

Ikato3540:


@ Dunique, where did u get married? Nigeria or in the UK?

In the Uk, April 2010! And they refused my application after that, saying I am not legit anymore in the UK to apply, that I have to be in my country to be eligible, I appealed but they still won the appeal saying there was no reason I couldn't come here to apply. That is how I ended up here and when I did, it was so unfortunate the laws changed before I could do the English test I booked in my city, so I have been caught up with the new law and it took me 18 months before my partner met the financial requirement and we applied last year October, only for them to say they don't believe our relationship is genuine and that some of her payslip is missing with her employment contract letters.

[quote author=sunnychic]Thank u so much for your encouragement @ girlfio. God bless u loads.


Thanks so much @ Girlfio..

[quote author=Ikato3540]

@ Sunnychic,

I was thinking about your case today you know... And I think that it may be possible that it may not even have been reviewed by an ECM ( possibly aka another ECO)

So they cld still overturn it- they cld be busy and it's not unheard of that they overturn it at ANY time before court date.

The most important thing is for you to go over your refusal reason(s) and your appeal. If you have a simple case and you have strong appeal grounds, then take a chill pill.

Some people have more serious cases like where a refusal is under one of the tough sections of para 320.

They cannot tell how their case would go in court.

So it depends on the simplicity or complexity of your individual case.

Do u actually think the HO would turn up in court, if you actually 100% meet the financial requirement, and you have produced the evidence beyond reasonable doubt to prove this?

I can put money on it that they wldnt bother. What wld they come and say?

It's just the time, and uncertainty of knowing when IT would happen. That creates anxiety.

At least you get to see your husband which is good and which I'm sure helps.

So pray and I pray for you in my heart that things would resolve sooner than later.

For us all. [/quote

My initial refusal reason was that they doubted the credibility of my marriage and also that some of my wife's payslip were missing, but I have plenty proofs of relationship and also I have got the full set of payslips, I don't know what else they might want to say now though... maybe they will say I am too young looooooool

Ikato3540:

@Dunique, when we were planning the process, our solicitor also told us if it went to court it cld cost us "thousands" to hire a barrister too...

She said around £1,200 or £1,500.

It all depends on the grounds for refusal. If they are pretty straightforward like relationship and nothing else attached or insinuated, if u have ALL the evidence gathered to prove beyond reasonable doubt, to even the most insane person, then you may just want your partner and another go to court.

But if you have an issue where previous immigration history has cast doubt on credibility of your marriage, then you may want to use a barrister for your own peace of mind.

This is my opinion o. I only turned immigration adviser as a result of my personal experience and stories of others I've read both on NL and elsewhere..

When you say another, whom are you referring to? My mother in-law is willing to go to the court with my partner if we use a barrister or not, but about the immigration history, I overstayed my student visa after they refused to renew it, anything outside that then I am good to go, they have doubted my marriage for four years, I don't think they can chat anymore bullocks anyway. But depending on God's blessing, I will like to use a Barrister still.

sunnychic: But do u think they can still review it? Or Can they just skip it seeing as it's past deadline date. Tossers!!!

That is what my solicitor keeps saying, that even if a court date is set, they can still review it and change their mind before the set date

Hopeforallone: @ Dunique - How much are they charging?

she has not said yet, but she told my wife we are looking at thousands if it goes to court, not even close to thousand but she put a S plural lol... please is there anyone who know a decent barrister who doesn't charge thousandssssss?

Hopeforallone: @ DUNQUE - is your lawyer in London?

Yes she is there in London.