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Filed: Timeline
Posted

Hi everyone,

I would like a little help/ insight on the following matter :

- My partner and I are (hopefully) visiting my family in the US this coming Xmas

HOWEVER :

- He was arrested twice for the following reasons :
drunk and disorderly (which he got a penalty notice/ fine for) whilst he was at university
possession (which led to NFA : No Further Action) as too little evidence was found (he was 17).
- He is English with a valid passport
- He has applied for a B2 visa inc. his arrests and has asked for a police certificate to prove he was not convicted of any offence.

The tickets have been bought for the 21st of December 2015.

Could anyone advise on the possible outcome? (i.e would his visa get rejected/ would it take over 60 days?)

Thank you in advance for your time and help,

Milena.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

How old is he now? Was the posession hash, or something like heroin?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Timeline
Posted

How old is he now? Was the posession hash, or something like heroin?

Hi There,

Thank you very much for your reply!

He is now 21 - fresh graduate with an Honours degree in PPE.

He had marijuana (less than 1g)

Looking forward to your message

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

Considering he was "only" arrested, and not actually convicted of anything, and it was 4 years ago, I think his chances are pretty good.

One way or the other, they will likely make a decision at the interview, so you shouldn't have to wait too long.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Timeline
Posted (edited)

Why did you buy a ticket before having the visa?

At the interview he will find out if he needs a waiver of ineligibility.

If he needs a waiver you will be lucky to get it in 6 months let alone 6 weeks, currently taking about 8 months.

Edited by az2014
Filed: Timeline
Posted (edited)

Why did you buy a ticket before having the visa?

At the interview he will find out if he needs a waiver of ineligibility.

If he needs a waiver you will be lucky to get it in 6 months let alone 6 weeks, currently taking about 8 months.

Hi there,

Thanks for replying.

A few things :

1) Will they not consider his age at the time? (i.e 17/ minor?) It was clearly a mistake

2) He was arrested but not convicted of anything in either cases. And was basically let go (No further action)

3) Overall, should they not acknowledge his situation? He is a young graduate, with a very good degree/ grade, trying to visit his partner's family?

Thanks again for your time

Edited by LOGAN1209
Filed: Other Country: United Kingdom
Timeline
Posted (edited)

Hi there,

Thanks for replying.

A few things :

1) Will they not consider his age at the time? (i.e 17/ minor?) It was clearly a mistake

2) He was arrested but not convicted of anything in either cases. And was basically let go (No further action)

3) Overall, should they not acknowledge his situation? He is a young graduate, with a very good degree/ grade, trying to visit his partner's family?

Thanks again for your time

To be honest with you, those things 'could' be seen as negative when applying for a tourist visa.

Young person with degree and presumably no long term employment history who could probably find easy employment in the US with a USC partner.

They could assume that he could easily decide to stay in the US and that could cause a denial. He has to show reasons for him returning home after his trip.

The UK isn't a high fraud country so he's got a reasonable chance of getting the visa but it's never a good idea to buy tickets before you have the visa in hand. The embassy guidelines specifically warn against that.

Edited by MacUK

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Filed: Timeline
Posted

You are totally right about the tickets! To be honest with you, I just had the ESTA in mind as this is all I personally require.

He is fully employed in the financial sector - so this is out of the question. Plus we are very happy in London - it is great on that side of the world too!

We will see, tickets are refundable - we might have to wait until April and it will make out 5 years.

Filed: Other Country: United Kingdom
Timeline
Posted

You are totally right about the tickets! To be honest with you, I just had the ESTA in mind as this is all I personally require.

He is fully employed in the financial sector - so this is out of the question. Plus we are very happy in London - it is great on that side of the world too!

We will see, tickets are refundable - we might have to wait until April and it will make out 5 years.

So you're not a US Citizen yourself? I assumed you was when you said you were visiting your family in the US.

That works out a bit better in his favour.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Filed: Timeline
Posted

So you're not a US Citizen yourself? I assumed you was when you said you were visiting your family in the US.

That works out a bit better in his favour.

No, my mum has moved there in 2008.

Well, thank you very much for exchanging your thoughts! Your help was much appreciated :)

Filed: K-1 Visa Country: Wales
Timeline
Posted

He was not approved by ESTA, why?

For drugs they do not need a conviction, reason to believe would be enough.

All you can do now is wait and see.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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