Fiance from UK with a single conviction

[JTLDN 0]

Fiance is currently in the USA, he has only ONE conviction on his record (took an abandoned bicycle when he was 19), and ended up being convicted of theft. At the time of application he was not aware that a petty offense constituted a CMT.

The offense was 4 years ago and he has never been arrested since.

Although he may be eligible for a petty offense exception, his interpretation of CMT means that he did not declare the offence on the ESTA/VWP application. For which he now wishes to put right.

The relationship has been ongoing for a year and marriage is on the cards. I fear that if he returns to the UK and applies for a CR-1 he may be denied re-entry. and I imagine AOD might be an uphill battle.

HELP!

[Inky 1,111]

Moved from spousal visa processes to the UK regional forum as the OP is asking about Convictions in the UK not about spousal visa processes.

[Boiler 45,584]

Generally you can get away by using the VWP even as in this case when not eligible.

As long as you do not have some issue, such as an immigrant petition when it comes back to bite.

Have you discussed it with your Lawyer.

[JTLDN 0]

Generally you can get away by using the VWP even as in this case when not eligible.

As long as you do not have some issue, such as an immigrant petition when it comes back to bite.

Have you discussed it with your Lawyer.

Thanks for your swift reply,

Will be contacting an attorney in due course, wanted to get some insight from the good folks here first.

What do you mean by immigrant petition?

[Boiler 45,584]

According to your timeline, EB1. At that age EB1 would be very unusual.

[JTLDN 0]

According to your timeline, EB1. At that age EB1 would be very unusual.

That was a mistake I made on registration (lol the irony)

He's currently here on the VWP, not sure which course of action to take all we know is that we will be getting married in the following weeks.

Edited February 11, 2013 by JTLDN

[Boiler 45,584]

Well a warning first before others jump in for some reasomn this can be a contentious subject, not the CIMT, what do you want to do. Ideally, and lets take it from there.

[JTLDN 0]

Well a warning first before others jump in for some reasomn this can be a contentious subject, not the CIMT, what do you want to do. Ideally, and lets take it from there.

Have my fiance obtain permanent residence ideally