Fathers B2 Visitor's Visa For Wedding

[Jed Stone 0]

Hi There!

I have recently been accepted for a K1 Visa at the Embassy in London and have received all of my paperwork etc and am flying out on the June 18th for my wedding in August.

My parents are planning on flying out from the UK for the wedding along with my sister and her boyfriend, however my fathers ESTA application was denied due to answering the eligibility question regarding criminal record as 'Yes' based on unknown information (which we now have proof the answer should have been 'No' in the form of an ACRO police certificate and both national and local subject access documents).

We have filed for a B2 Visa for him and have managed to get an appointment on July 1st at the Embassy in London, however I have a few questions about the documentation he should be taking with him.

So far I have helped him create a visa packet for his interview, which includes:

His DS-160 Confirmation Page,
His Appointment Confirmation Page (Printed from the Official U.S. Department of State Visa Appointment Service),

His new Passport which was issued in February,

A 2" x 2" colour Photograph taken within the last 6 months,

A Police Certificate,

Both National and Local Subject Access certificates stating he has no records on file,

VCU-1 Personal Data Form (Regarding actions from the distant past we believed gave him a criminal record, which has been proven otherwise)

A letter from his doctor stating he is able to fly with his medical condition, and

Proof of funds in the form of his P60 and his latest Bank statement.

I added the following as extra just in case:

Save the Date, Invite and RSVP card for my wedding,

His Enhanced Disclosure Certificate,

A monthly Payslip from his employer,

A copy of his denied ESTA application,

His UK Drivers Licence,

A UK Passport sized colour photo, and

A rough draft of a speech he wishes to give at my wedding.

I was wondering if anyone could suggest any further documentation that may be required for his interview? As i only have until this Saturday to help produce such documentation before I leave for my final flight to the United States.

The London Embassy website states that they may ask him for "evidence of a residence abroad to which you intend to return" he owns his own house in the UK etc, how could this be proven at the interview?

Also would his latest bank statement, P60 and monthly payslip from his employer be sufficient as proof of funds?

Any comments or support would be most appreciated. Thanks everyone!

[az2014 381]

If they recommend him for a waiver that will take at least 6 months to process..I hope he hasn't booked his ticket already.

[Penguin_ie 5,996]

If they recommend him for a waiver that will take at least 6 months to process..I hope he hasn't booked his ticket already.

Doesn't sound like he will need a waiver, as he said Yes by mistake on the criminal question on the VWP.

Op, what you have sounds fine. It's not so much about having a residence to return to, or a job- it is about the totality of circumstances, his reasons to return home.

[Boiler 45,948]

He does have a conviction but it did not show up on his paperwork?

[Nich-Nick 3,354]

Does he not have a deed to his home? A mortgage statement?

Also recent utility bills maybe showing he has a place where he lives and responsibility there.

Some people take a letter from the employer stating they are aware of his scheduled holiday and the date he is returning to work.

[Jed Stone 0]

Doesn't sound like he will need a waiver, as he said Yes by mistake on the criminal question on the VWP.

Op, what you have sounds fine. It's not so much about having a residence to return to, or a job- it is about the totality of circumstances, his reasons to return home.

I did look into the waivers when we began the whole visa process and I am hoping he will not need one as it was just a mistake.

What do you think would be deemed as acceptable proof of reasons to return home or what kind of reasons would be sufficient? His step-son has a daughter (my mothers first grandchild), other than that its only friends, his job and his home. He's never been out of the UK so is really looking forward to seeing a different part of the world.

He does have a conviction but it did not show up on his paperwork?

We thought he had a conviction which was the reason for selecting yes on the ESTA, and was instructed to apply for a B-2 Visa. The B-2 visa requires a police certificate so we applied for one as well as a subject access of both national and local records and gave an explanation of events of his past etc to the police but all of their records came back as nothing on record. This is why we realised it must of been a mistake selecting yes on the ESTA. We contacted the CBP info centre and was told the ESTA cannot be reapplied for or changed due to the mistake being on that specific eligibility question.

Just as a precaution we decided to fill out the VCU-1 personal data form ready for the interview with any information that my father can remember. (These incidents in his past are from over 20 years ago and he has no documentation for them and his memory isn't the best).

Does he not have a deed to his home? A mortgage statement?

Also recent utility bills maybe showing he has a place where he lives and responsibility there.

Some people take a letter from the employer stating they are aware of his scheduled holiday and the date he is returning to work.

I'd Have to ask him about the deed but i'm sure he should have a mortgage statement, however it may be in both his and my mothers name as the house has joint ownership; would this be a problem? He should also have recent utility bills in his name, i'll have to check.

We have already spoken to his employer however his employer is on holiday until after the interview, so unfortunately this is not really an option.

[Boiler 45,948]

He would know if he had a conviction or not and what it is for.

[JFH 12,191]

He would know if he had a conviction or not and what it is for.

Agree. My husband has a conviction from over 20 years ago and he can stil remember word for word what the judge said to him and that awful feeling of knowing he has screwed up, what will his mother say, what's going to happen next, etc, etc. He still has nightmares about it. He pled guilty so there wasn't even a trial but standing before the judge for sentencing was the worst moment of his life.

[jan22 3,056]

I did look into the waivers when we began the whole visa process and I am hoping he will not need one as it was just a mistake.

What do you think would be deemed as acceptable proof of reasons to return home or what kind of reasons would be sufficient? His step-son has a daughter (my mothers first grandchild), other than that its only friends, his job and his home. He's never been out of the UK so is really looking forward to seeing a different part of the world.

We thought he had a conviction which was the reason for selecting yes on the ESTA, and was instructed to apply for a B-2 Visa. The B-2 visa requires a police certificate so we applied for one as well as a subject access of both national and local records and gave an explanation of events of his past etc to the police but all of their records came back as nothing on record. This is why we realised it must of been a mistake selecting yes on the ESTA. We contacted the CBP info centre and was told the ESTA cannot be reapplied for or changed due to the mistake being on that specific eligibility question.

Just as a precaution we decided to fill out the VCU-1 personal data form ready for the interview with any information that my father can remember. (These incidents in his past are from over 20 years ago and he has no documentation for them and his memory isn't the best).

I'd Have to ask him about the deed but i'm sure he should have a mortgage statement, however it may be in both his and my mothers name as the house has joint ownership; would this be a problem? He should also have recent utility bills in his name, i'll have to check.

We have already spoken to his employer however his employer is on holiday until after the interview, so unfortunately this is not really an option.

A B-2 visa does not require a police certificate. But, bottom line, if he had a conviction, he needs to answer "yes" on his DS-160 and be ready to explain what it was for during the interview whether the police report shows it or not. Doesn't mean he'll be denied or need a waiver -- unless he tries to conceal something.

[Jed Stone 0]

He would know if he had a conviction or not and what it is for.

As i said, his memory is not the best and he possesses no paperwork of such events.

Agree. My husband has a conviction from over 20 years ago and he can stil remember word for word what the judge said to him and that awful feeling of knowing he has screwed up, what will his mother say, what's going to happen next, etc, etc. He still has nightmares about it. He pled guilty so there wasn't even a trial but standing before the judge for sentencing was the worst moment of his life.

All he remembers is roughly the year the incident happened and that he was fined and lost his firearms licence. (His friend committed suicide with a firearm registered in my fathers name which he believed to be secured within his gun cabinet at the time).

A B-2 visa does not require a police certificate. But, bottom line, if he had a conviction, he needs to answer "yes" on his DS-160 and be ready to explain what it was for during the interview whether the police report shows it or not. Doesn't mean he'll be denied or need a waiver -- unless he tries to conceal something.

Forgive me, it was my k-1 visa that required the police certificate. The reason my father got a police certificate and subject access was to try and get as much information (if any) about the incidents of his past, however they all came back clean with no record. We answered yes on his DS-160 anyway as a precaution and have filled out the VCU-1 personal data form with as much information as he can remember as a precaution as I believed they would be asking about it at the interview. We even contacted the police records directly however they said they had no records on file at all.

[jan22 3,056]

So, he needs to be able to dscuss everything he does remember. He will be asked why he's applying for a visa instead of using the VWP. When he responds that ESTA was denied, he will be asked why, so he needs to explain he said "yes" to the conviction question but isn't sure whether he had one or not. Then, he needs to explain why he's unsure about it and see what happens. Open and honest -- best thing to do, always, during the interview.