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Filed: K-1 Visa Country: Wales
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Posted

The issues have been covered in OP's prior posts, in the UK a caution is an admission of guilt so essentially the same as a conviction.

“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: Citizen (apr) Country: Canada
Timeline
Posted
Just now, Boiler said:

The issues have been covered in OP's prior posts, in the UK a caution is an admission of guilt so essentially the same as a conviction.

I know the UK cautions are considered convictions...I tried looking through the OP's posts but I guess I missed where they were elaborated on.

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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted (edited)
8 minutes ago, Going through said:

If you're willing to share---what were the adult cautions for?  I realize that you're thinking of all possible fall-outs in pre-preparing for a 601...but perhaps if you share the actual cautions members here can help you determine if it will reach the point of a need for the 601?

He has a common assault caution in 2012 and then the CIMT caution was for Handling Stolen Goods (Receiving) in 2015. Basically he bought a dirt bike and he didn't know it was reported stolen. The cop told him because he didn't know but said he did buy it, he's letting him go with a caution. The common assault for throwing his brother out of his house and locking the door when his brother was getting physical with his dad who is disabled. His brother got mad and called the cops. 

Edited by Pooley
Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
2 minutes ago, Going through said:

I know the UK cautions are considered convictions...I tried looking through the OP's posts but I guess I missed where they were elaborated on.

Yes, immigration does count them, which is why I want to have a waiver ready if we are denied.

Posted

Did you check out the link I posted to the USCIS administrative decisions on 601 crime waiver appeals?  I should think it would be really helpful to read some of those to understand the application of the law.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
Just now, Jorgedig said:

Did you check out the link I posted to the USCIS administrative decisions on 601 crime waiver appeals?  I should think it would be really helpful to read some of those to understand the application of the law.

Yes I did. And I just went through a couple more hardship waiver's and found some written in the USC's point of view. Thank you!!

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
1 minute ago, CEE53147 said:

For something so important, why would you not engage an attorney experienced in waivers? Your previous attorney obviously did not specialize.

The one I had a consult with was actually an immigration attorney, at least on the website, she says that is what she is.  

Filed: Other Timeline
Posted
3 hours ago, Pooley said:

The one I had a consult with was actually an immigration attorney, at least on the website, she says that is what she is.  

 

 

601s are not typical filings. Another immigration forum named a woman who apparently is very experienced.  It is likely "better"  for attorneys to concentrate on work visas than family problems because of financial reasons.

  • 2 weeks later...
Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

I'm in the process of K-1 and coming up on the medical and interview soon. I know I've asked a similar question but was just given some new information and I'm a little confused.  I'm trying to be prepared for every outcome and I know our case has a 50/50 chance of denial/approval based on my fiance's (from the UK) criminal record. He has two adult cautions and one is considered CIMT crime. I was just told if I was denied and I have to do a waiver, I would have to provide all the court documents on the charges. Problem is, there is no paper work. They are just verbal cautions so my question is, has anyone been denied on cautions before? If so, what paperwork did you provide on them? I was preparing hardship letters but was told you can't always attach them? So now I'm a little lost on what to provide them if we're denied?

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

Hey! 

 

I don't know much about cautions etc. But aren't they normally given by police and not courts (unless you refuse to admit cautions)? So maybe I'm ill-informed but I'm thinking the police have physical records of them?-but if i remember correctly you have a SAR don't you? 

 

I can understand how worried you may be but I'd personally attend the interview with all yours docs (obv ACRO and SAR) and just be prepared for the beneficiary to honestly answer any questions (which of course he will, I'm sure). If the cautions are an issue or anything the CO will go through applying for a waiver, whats needed etc which is what happened to the guy before my interview. She told him exactly what he needed to do. Just be aware that people have made it through with cautions on their ACRO in London!!

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
26 minutes ago, jakejon said:

Hey! 

 

I don't know much about cautions etc. But aren't they normally given by police and not courts (unless you refuse to admit cautions)? So maybe I'm ill-informed but I'm thinking the police have physical records of them?-but if i remember correctly you have a SAR don't you? 

 

I can understand how worried you may be but I'd personally attend the interview with all yours docs (obv ACRO and SAR) and just be prepared for the beneficiary to honestly answer any questions (which of course he will, I'm sure). If the cautions are an issue or anything the CO will go through applying for a waiver, whats needed etc which is what happened to the guy before my interview. She told him exactly what he needed to do. Just be aware that people have made it through with cautions on their ACRO in London!!

We have the SAR and it says the exact same thing as the ACRO. Lists the date/offense/location/outcome. When he applied to get the ARCO, he checked the box that asked if it’s for immigration and it now shows everything the SAR does. 

 

But thats the only thing they have on it. So I’m not sure how the waivers would be done for it but if they explain, that would be make it much nicer!!! Thank you!

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted (edited)
3 hours ago, Pooley said:

We have the SAR and it says the exact same thing as the ACRO. Lists the date/offense/location/outcome. When he applied to get the ARCO, he checked the box that asked if it’s for immigration and it now shows everything the SAR does. 

 

But thats the only thing they have on it. So I’m not sure how the waivers would be done for it but if they explain, that would be make it much nicer!!! Thank you!

London Embassy is just the kindest from my own experience!  As I say, I listened as much as I could to the guy before me and he needed a waiver. She was so super kind and went through the in's and outs of that process - this was straight before my interview. 

 

Have the faith and confidence-you guys will do this no matter what direction ❤️ 

Edited by jakejon
Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
6 minutes ago, jakejon said:

London Embassy is just the kindest from my own experience!  As I say, I listened as much as I could to the guy before me and he needed a waiver. She was so super kind and went through the in's and outs of that process - this was straight before my interview. 

 

Have the faith and confidence-you guys will do this no matter what direction ❤️ 

That makes me feel better! I will still have everything ready just in case but I really hope they hear him out. 

 
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