Criminal Convictions - K1 Visa

[vvvVein 7]

I am due to have my interview on the 26/02.

I feel I will be denied the visa on the grounds of CIMT.

I have a record that shows

Damage to property valued under £5000;

Fine £35

30 hours attendance centre concurrent

x 16

Total fine £650 and 30 hours attendance centre

I was on my way back from a house party following three people i recognised from my halls of residence. I had had too much to drink and followed them home even though it was a short distance. The person at the very front of the line of four we made damaged about 10 car wing mirrors. I didnt run away or do anything when i saw it happen and that was a mistake. However drunk or tired i was alarm bells should have been ringing.

Campus security stopped us further up the road. All four of our names were taken and six months later in march 2009 they fined the four of us.

Wreckless damage to property whilst being under the influence of alcohol i understand is a CIMT from what other posts have detailed and i see malicious destruction to property on the official list.

As 15 years hasnt passed no waiver is avaiable.

From conversations my fiance hates it here in the uk so her movign here isnt going to happen. Additionally my B2 visa will be voided either way.

So this will mark the end of my relationship and the only thing left in my life that matters. No parents.

No question just thought id document my distress.

Edited February 17, 2014 by vvvVein

[canadian_wife 1,822]

Sorry, you have 16 counts of destruction of property? But 10 cars were damaged?

When was this?

If your fiancé hates the UK, why not find a third country to live in? If our US journey did not work out, we had 2 alternate countries already picked up.

Love will conquer all

good luck

[lost_at_sea 995]

Don't be defeatest. You haven't been denied yet.

Just because your fiancé hates the UK doesn't mean she wouldn't want to hate the UK but live there while you await the possibility to waive (and, since you haven't been denied yet you don't definitively know that will happen). Ask her.

And yeah - look into other countries.

You've got an EU passport - you've got a ton of options without even needing a visa, so see what's a good fit for her too.

If she's going to break up with you because you can't emigrate immediately (and won't even consider living somewhere else for a temporary time period at least)... Well. That seems harsh. She wants to marry you, right? Give and take. You're in this process because you're willing to uproot your whole life and start over somewhere else for someone you love. Doesn't she feel the same?

Edited February 17, 2014 by lost_at_sea

[vvvVein 7]

I don't expect she will. she has no reason to go through that sort of trouble for me she could do a lot better

[lost_at_sea 995]

I don't expect she will. she has no reason to go through that sort of trouble for me she could do a lot better

Come on. I want to virtually slap you.

She wants to marry you, right? You know what sort of commitment that is meant to be, right? You need to talk about it with her.

[Nich-Nick 3,354]

If there is no alcohol related police charge, then I wouldn't use the drunk card as a defense. Go to the interview , discuss it and find out what they say. Other people have gotten a visa that were sure they had a CIMT. So speculation is futile. Dress smart, look respectable, be positive and hope for a good outcome. Save your sorrows for now....work that out if needed after the 26th.

And a tip from somebody who was married a long, long time before this marriage. A relationship or marriage where you feel like a loser isn't worth it. She probably doesn't feel like she could do better, but if you keep acting like it then it will get miserable for you. Everybody should find the person who adores them more than anything.

[Cathi 5,748]

She is willing to throw everything away because you may have to wait a few years until you can apply for a waiver and she is unwilling to move to the UK to wait out those years? Seems to me you could do a lot better not vice versa. I agree with lost at sea, any relationship is give and take, sacrifice for the one you love.

[canadian_wife 1,822]

I don't expect she will. she has no reason to go through that sort of trouble for me she could do a lot better

Ugh, seriously dude? Why not pull the petition right now?

I want to virtually slap you too

Why are you reading her mind and making decision for her? Have you even spoken to her about the possibility of denial? If yes, what did she say? If not, why not?

She wants to marry you right? Not just because she can move back to the US, she can do that without you. She wants to marry YOU!

Good luck

Edited February 17, 2014 by canadian_wife

[vvvVein 7]

She doesnt like discussing the visa. This is likely because its all i talk about at times and has possibly soured our relationship.

She is the only hope i have of happiness. She is the only girl who i have ever been into who likes me

[lost_at_sea 995]

She doesnt like discussing the visa. This is likely because its all i talk about at times and has possibly soured our relationship.

She is the only hope i have of happiness. She is the only girl who i have ever been into who likes me

If you can't talk about a process that is about fundamentally changing your whole life (both of you), you've got problems.

Also, on the topic of you not being good enough - if that were true, don't you think she'd find someone "better" who *isn't* 3000+ miles away to marry? The inconvenience alone suggests she thinks you're what she wants most.

Edited February 17, 2014 by lost_at_sea

[vvvVein 7]

I feel if the visa is accepted she would be but she is going through alot herself. She has an untreated medical condition at the moment and is in the slow process leading up to surgery and this is partly paid by the medical insurance she has through work. I know if i add her to my medical insurance her existing condition will not be covered and cost us alot of money, possibly more than i can afford. So i really am defeated

[Merrytooth 5,748]

Have you consulted an attorney about whether the charges are CIMT or not?

Perhaps yours could fall under these:

9 FAM 40.21(a) N2.3-1 Crimes Committed Against

Property

Crimes against property which do not fall within the definition of moral

turpitude include:

(1) Damaging private property (where intent to damage not required);

(2) Breaking and entering (requiring no specific or implicit intent to

commit a crime involving moral turpitude);

(3) Passing bad checks (where intent to defraud not required);

(4) Possessing stolen property (if guilty knowledge is not essential);

(5) Joy riding (where the intention to take permanently not required);

and

(6) Juvenile delinquency.

[Jawaree 717]

Dude U gave up B4 it begins...go to the interview with a positive mind

if U were not charged with drunk driving don't tell that U were drunk,U

do have to inform them of the crime and should carry the final disposition

to the interview, however seemingly the follies of campus youths, and

there's no 15 yrs waiting for a waiver if one is required for U and I don't think

you'll need one.....good luck

[scottym27 19]

Agreed with everyone else above mate. Buck up - the idea that you're doomed before you even get there is silly. If there is no mention of intent, or drunkenness, then I don't see how this falls into 'moral turpitude' territory. Also - your fiancee should be supportive. It sounds like you're scared to talk to her, but that's not the kind of relationship that lasts. If she doesn't want to talk about your fears, or worries, then with all due respect to your intended, I think it's you that needs to consider what the future holds for this relationship and whether you can do better. But I'm not going to cast aspersions on someone I don't know. I personally think it may be more that you're worried about her reaction, rather than this being the case. Talk to her, no bad can come for this in either sense. Either she supports you, understands, makes you feel better and shows you affection, or she doesn't care, and you have your answer either way.

Most importantly: you're not worthless and you will always have something to go at in life. You need to recognise that :-)

[vvvVein 7]

I have spoken with an immigration advisor on this named steven d heller and he didnt think it would be likely i would have a problem but to down play the drunk element. I did however in the medical raise the fact that i had been drinking and marked on the form i had been drinking when the charges occured and the doctor asked me how much i drank during the first year of university.

i have spoken to her about it a few times but each time i revisit the subject she gets tired of going over it. Talking to an immigration advisor and lawyer hasnt made me feel any more at ease. The immigration lawyer essentially said its down to how the CO views the information, which is obvious.

I feel i have already messed it up by mentioning the alcoholic element in the medical.