Jump to content

29 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Wales
Timeline
Posted

I have seen misrep charges resulting from VWP misuse and CIMT charges in London.

“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.”

Posted

Whilst the crimes themselves may seem minor (however not to me - my husband's brother was killed by a drunk driver) how will the frequency affect this visa application I wonder? Three drunk and disorderly/public intoxication cases, two offences involving theft/stolen property and a drink driving case. You're getting into the realms of habitual offender here. I hope it all goes well for you and you have better luck than my husband had trying to get a visa for the UK. His one conviction from 26 years ago has made him permanently inadmissible.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Posted

Hi mate, I don't have as many things on my record as you. I have one caution for theft and arrest for a fight. Both in the same week when I was 18. I have obsessively researched this, and here's what I've found... f#ck all. It's such a grey area.

I used to think that moral turpitude was that smelly ####### that was used to clean paint brushes. And to be honest, I still haven't got the foggiest what it means.

I know if you have one minor conviction, that can be waived under the petty crime rule. After that... who knows. And it's unfortunate that you can't find out whether something will make you inadmissible before applying.

Get some legal advice.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Cheers folks for all advise. Update is this I've told the esta folks about ticking wrong box on the drugs section (just a caution for weed) they have suspended my esta. So I am currently applying for a non immigrant visa, for a holiday and still going through applying for k1 fiance visa. Any one any ideas if ticking that no convictions box on the esta and going to the USA on that false info will lead to any kind of ban??? I did admit to mistake myself and informed them, and it wasn't a lie as such as I thought all convictions where spent and non existent it was quite a shock to find out they can still be seen and not spent in America! Quite worried and panicked now

Filed: K-1 Visa Country: Wales
Timeline
Posted

Not sure of you have read all the replies, the possible Misrep charge would not be my major concern, Drugs are never good.

“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.”

Filed: Timeline
Posted

The good news is that once you are evaluated for eligibility based on the criminal charges and misrepresentation on the visitor visa, you will know where you stand for processing the K-1 visa. If they do find you ineligible because of either of those, they will apply to the K-1 as well and you will have time to be ready with a waiver request. IF you aren't found ineligible, then you're good to go for the K-1, too.

Filed: K-1 Visa Country: Wales
Timeline
Posted

The good news is that once you are evaluated for eligibility based on the criminal charges and misrepresentation on the visitor visa, you will know where you stand for processing the K-1 visa. If they do find you ineligible because of either of those, they will apply to the K-1 as well and you will have time to be ready with a waiver request. IF you aren't found ineligible, then you're good to go for the K-1, too.

If they deny then probably not, if they recommend a waiver than probably yes, there are a few things that a non immigrant visa can waive but are not waiverable for an immigrant visa.

“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.”

  • 8 months later...
Filed: K-1 Visa Country: Netherlands
Timeline
Posted

Hi everyone,

I am a little worried. My fiancé went to a juvenile. He did something when he was 15 and was put in jail when he 16 until the age of 18. He is 20 and his record will disappear in July. He did something that I cannot tell, but normally you won't go to jail for what he did. We attached his record to the visa but I'm worried that we will get denied because of this. I cannot really find any information about this, only that they don't take it as serious as adult crimes. Does anyone know any information or can help me a little bit?

I just wonder because our NOA1 date was September 20 and a lot of people are already approved and we are still waiting. ( I know it can take a long time)

By the way he wasn't convicted and we put papers of his arrest and end of probation in the file.

Thanks for the help!!

Filed: K-1 Visa Country: Wales
Timeline
Posted

Depends what it was.

“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.”

Posted (edited)

Hi everyone,

I am a little worried. My fiancé went to a juvenile. He did something when he was 15 and was put in jail when he 16 until the age of 18. He is 20 and his record will disappear in July. He did something that I cannot tell, but normally you won't go to jail for what he did. We attached his record to the visa but I'm worried that we will get denied because of this. I cannot really find any information about this, only that they don't take it as serious as adult crimes. Does anyone know any information or can help me a little bit?

I just wonder because our NOA1 date was September 20 and a lot of people are already approved and we are still waiting. ( I know it can take a long time)

By the way he wasn't convicted and we put papers of his arrest and end of probation in the file.

Thanks for the help!!

There is no such thing as 'record will disappear' in immigration.

For immigration purposes a criminal conviction will always exist, no matter whether a court expunges your record or not.

If he wasn't convicted, why he was send to jail for 2 years?
Edited by Merrytooth

Done with K1, AOS and ROC

Posted

Yes, without knowing the crime no one can help at all. You say normally people don't go to jail for his crime but he went to juve for 2 years...

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Posted

There have been crimes or cautions for marijuana, switching tax disks on cars, shoplifting, throwing eggs, letting air out of tires, wearing a traffic cone on their head, drunk, fighting, urinating on a wall,...but they all got approved for their visa without a waiver or a lawyer.

I studied as a lawyer in England and Wales and never knew it was illegal to wear a traffic cone on my head. I consider myself lucky to have avoided arrest during my student days ;)

--- k1 visa ---
Texas Service Center (Abandon Hope All Ye Who Enter Here)
I-129F sent: 12 Aug 2014
I-129F NOA1: 15 Aug 2014
I-129F NOA2: 2 Mar 2015 (199 days from NOA1) **No RFEs!**
NVC Received: 19 Mar 2015
Case#, IIN, BIN assigned: 19 Mar 2015
NVC Left: 20 Mar 2015
Consultate Received: 23 Mar 2015
Package 3 Received: 26 Mar 2015
Medical: 10 Apr 2015
Packet 3 Sent: 10 Apr 2015
Packet 4 Received: 23 Apr 2015
Interview Date: 8 May 2015 (Approved!!!)
Visa Issued: 14 May 2015
Visa in Hand: 19 May 2015
Entry to USA: 5 Jun 2015
Married: 21 Jun 2015

---Adjustment of Status---
Sent I-485, I-131 and I-765: 7 Jul 2015
NOA1 for I-485, I-131 and I-765: 14 Jul 2015
Email notification that I-765 was approved: 12 Sep 2015
Email notification that I-131 was approved: 15 Sep 2015
Email notification that EAD/AP combo card was mailed: 15 Sep 2015
EAD and AP combo card received: 18 Sep 2015
Green Card Received: 3 Dec 2015 [ :)] Previous letter stated interview requirement was likely to be waived

 

---Removal of Conditions---
Sent I-751: 13 Oct 2017
NOA1 for I-751: 23 Oct 2017

Biometrics: 20 Nov 2017
Approved: 20 Dec 2018

Green Card Received: 2 Jan 2019

 

-- Citizenship --
Filed Online: 21 Feb 2020
NOA1 (Online): 22 Feb 2020
Biometrics: 10 Mar 2020

Interview: 29 Jul 2020 (Approved - Oath taken immediately due to covid19)

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...