Problem with B2 Visa whilst K1 is pending...

[Hypnos 6,579]

"February 25, 2014: New policy on cautions

Although a formal statement has yet to be released, it appears that the US government has completed reviewing its policy on UK cautions and has decided that cautions received for crimes involving moral turpitude or drugs-related offences will be treated as convictions for US immigration purposes. If this decision is finalised, visa applicants with such cautions would require a waiver of ineligibility, even if previous visa applications had been approved without a waiver. Waivers of ineligibility are currently taking 18 to 20 weeks from the day of visa application and consular officer’s recommendation. Please see our articles A Crime Involving Moral Turpitude! What in the World is That? and Washington, We Have a Problem! Ineligibilities and Waivers for additional information. We will report further updates on this matter when available."

There is also this: http://www.us-visa.co.uk/cautionary-tale

Edited April 28, 2014 by Hypnos

[PBJ 60]

"February 25, 2014: New policy on cautions

Although a formal statement has yet to be released, it appears that the US government has completed reviewing its policy on UK cautions and has decided that cautions received for crimes involving moral turpitude or drugs-related offences will be treated as convictions for US immigration purposes. If this decision is finalised, visa applicants with such cautions would require a waiver of ineligibility, even if previous visa applications had been approved without a waiver. Waivers of ineligibility are currently taking 18 to 20 weeks from the day of visa application and consular officer’s recommendation. Please see our articles A Crime Involving Moral Turpitude! What in the World is That? and Washington, We Have a Problem! Ineligibilities and Waivers for additional information. We will report further updates on this matter when available."

There is also this: http://www.us-visa.co.uk/cautionary-tale

Thank you Hypnos, insightful article linked there, despite the implication seeming fairly damning in my case.

[dwheels76 5,484]

Interesting. The specific advice from the London Embassy was that I could not book a B2 interview whilst my K1 interview appointment was pending. My medical is next week and readiness is done so I expect an interview by early June at the latest.

In any case with the likelihood of getting a B2 whilst in 'immigrant intent' status under the K1 appears low,I am probably looking at a waste of money. All I can think is: my fiancé is worth it.

Yes,I have visited her twice now under VWP although I now realise I have answered those questions incorrectly. I have that to answer for at any visa interview,I imagine.

One thing I would also add is when you do get your interview date you can always request an earlier date. London is pretty accommodating and you may get it.

One of the people on my thread had a May 28th and requested earlier and got May 5th so that is an option when you get to that point.

And also why not apply you may get a B2. It doesn't effect your K1 so why not go for it. If you just can't wait.

[PBJ 60]

Thank you Hypnos, insightful article linked there, despite the implication seeming fairly damning in my case.

From that article:

"Based on recent experience, it appears the US Government has elected to abandon their past practice, and find that cautions amount to admissions of guilt for visa purposes. For nonimmigrants, this means a waiver of inadmissibility will likely be required. For immigrants, this means they may be ineligible for a visa, without the possibility of a waiver if their caution is for a drug-related offence other than possession of 30 grams or less of marijuana."

Effectively, by this standing, I may well be ineligible for a visa and NO POSSIBILITY of a waiver.

I feel sick.

[Harpa Timsah 13,259]

PBJ: Stop!

Don't read one thing and get sick! On a more recent update from a similar blog, they said the London was requesting further advice on how to class cautions.

Second, that blog is from a law group who is trying to get people to buy their services!

If you are going to do research on it, don't just read one thing!

Edited April 28, 2014 by Harpa Timsah

[PBJ 60]

I understand. Thank you for the slap!

I'm just exhausted from looking into this so hard and long. I need to step back from it,there's probably nothing I can do until the interview.

Thank you for your input. It really means a lot to us when feeling quite alone and lost with this.

[Hypnos 6,579]

I was going to post that caveat but went out.

Yeah, don't stress over this. (Unasked for advice begins) You will solve nothing by worrying about it. I've read of the Embassy in London both applying it and not applying to various cases as they see fit. Wait and see what they actually say before going into full panic mode; all you will do is make yourself ill, and that won't help anyone, especially yourself.

[Boiler 46,600]

If you need a B2 and a waiver as seems likely, a B2 Waiver assuming it is recommended takes about 6 months. So not a lot of point.

[Avery Cates 1,141]

Hello all -

I, the beneficiary, am awaiting medical and interview for K1. File is currently with the London Consulate pending my appointment letter.

I am ineligible for VWP due to a criminal record (two arrests, minor cautions, 12 years ago), all detailed in previous posts. Hence I would like to apply for a B2 in order to visit my fiancé next month.

I called the Consulate this morning. A very helpful and clear gentleman explained that I could not apply for a B2 visa whilst the K1 interview appointment was pending, and that I would need to wait until I have the interview letter in hand.

Has anyone been through anything similar? What are your experiences? Please share any experience/knowledge/opinion of this - i'm pulling my hair out!

I was due to surprise my fiancé with a visit next month but i've had to tell her it is now probably unlikely... she's been crying for hours... this is horrible, and its all my fault.

Sad face.

If you had an existing VWP/B-2, you could likely visit.

They'll not issue a new B-2 while a K-1 is pending though.

[Boiler 46,600]

Nearly 9pm....

[Avery Cates 1,141]

Nearly 9pm....

11 here. Up at 5:30 for gym and work.

[PBJ 60]

If you need a B2 and a waiver as seems likely, a B2 Waiver assuming it is recommended takes about 6 months. So not a lot of point.

The quote I referenced was talking about waivers for immigrants, not B2's, stating these are not available for applicants whose offences involving controlled substances other than possession of less than 30 grams of marijuana.

[Krikit 1,165]

Post containing inflammatory content, along with the post quoting it, has been removed. Sanitized post has been returned below.

Yes they can; I have seen many cases of B2 approved while fiance/spousal visas are pending. Even one from the Philippines.

Edited April 29, 2014 by Krikit