previous conviction

[Susan&Pete 0]

I'm needing help with this one.

My fiance was, up until last year, a legal permanent resident here in the US for several years. He originally gained status thru employment here. In the begining of 2005, he married a very wicked, alcoholic woman who would start horrific fights with him. She was both emotional and physically abusive but he would always just back off, at times by staying at friends'. In the fall of that year, during a fight with alcohol involved with both parties, he physically pushed her. She called the police and he was arrested and charged w/ domestic violence. Not knowing the results, he attorney advised him to plea out and pay a fine, community service and an anger management class. Having met all requirements (costing thousands) the conviction was eventually set aside (expunged) by Jan of this year. The marriage only lasted 6 months. Unfortunatley, the damage had been done.

We met a few months after they split and quickly fell in love. A few months into our relationship, he learned that he was up for removal proceedings when immigration officers in full gear showed at his door one morning at 7am at kept him locked at DHS until bail was posted. He came home and waited for word of the precedings. It came 6 months later. Thankfully, he was granted voluntary removal. Meaning he would leave at his own expense and would not face the ban. He obeyed everything that was told to him by DHS and his immigration lawyer and left the US on Nov. 2nd.

We gave the process plenty of time for all paperwork to pass. He reported to the embassy upon arrival back to U.K. and began to question when he could return, at least to visit. His attorney was horrible and I began my research. His attorney informed us when I asked about the K1 that he believed that "it would ensure a triumphant return to the US".

Happily, we started gathering all our documents and submited the petition on March 28, 2007.

We thought that being a U.K. citizen that he could travel to the US under the visa waiver program. Only yesterday, upon arrival to Newark, did we find out that he was denied entry because of the conviction. This has us both extremely disappointed, sad and worried. Will we face that same probelm with our K1? Does he need to file for permission to reenter? Did we miss something?

As with almost all couples here on this site, the time apart is horrible and we are so fearful that we might not ever be together. Does anyone have advice on this strange topic?

The attorney we previously worked with horrible; didn't return calls and overcharged for everything. He wasted months of our time.

[BabyBlueSusie 1]

wow susan i am very sad to hear that, and believe me i know the pain of seperation...i think you have to apply for a waiver and then he can apply for a k1...im sure there is someone who knows more than i do on this matter, but look into the waivers for k1 visas

[gsarshi 0]

I would suggest calling congress man for your statte and ask for help...they would advice you who is best lawyer for your case...hope this helps and good luck

[Nancy and Ramos 0]

I would agree see a lawyer and see what your options are.

Edited June 28, 2007 by Nancy and Ramos

[TracyTN 237]

Since you have already filed the petition, the only thing you can do now is wait it that part out like everyone else.

wow susan i am very sad to hear that, and believe me i know the pain of seperation...i think you have to apply for a waiver and then he can apply for a k1...im sure there is someone who knows more than i do on this matter, but look into the waivers for k1 visas

You do not 'apply for a waiver' on a K1 until after the visa interview has taken place in the beneficiary's home country,and if the visa is then denied. Its at that point that you may do well to have an attorney consult you.

I would suggest calling congress man for your statte and ask for help...they would advice you who is best lawyer for your case...hope this helps and good luck

Your congressman is only able to help by putting in inquiries if your case seems 'stuck' at some point of the process. At this stage, I'd say she is still within normal processing times. Congressmen usually do not give advice about attorneys.

[Sinergy 3]

I would suggest calling congress man for your statte and ask for help...they would advice you who is best lawyer for your case...hope this helps and good luck

Do NOT call your congressman, they will not get involved at this time of your case. They usually get involved if the petition is taking too long, to find out any problems with the petition, and there are a few other things maybe other ppl can add.

And at this time in your case, you dont need a waiver for anything.

good luck on your journey!!

[Susan&Pete 0]

I guess I need to find out

a) if we're approved or not

b)which waiver, if any, is necessary

Thanks for the suggestions and advice. I'm fearing I need to find another attorney. The last one we had has left me very untrusting about the practice.

[Caladan 19]

Susan, check out the forum below for Waivers (I-601.) Many people have had to go through a similar process. But the general process is this: you file for the K-1, at the interview they either approve it or deny it, and if they deny it for a waiverable reason, you can submit the waiver after that, and then after some time (varies on the consulate), they'd decide yes or no.

I do not know if your fiance's crime will require a waiver. But you'll need to get your hands on the police report and court records anyway, to determine exactly what the charges are. Whether he'll need a waiver will really turn on the specifics of the charge.

Then it's probably a good idea to consult with a lawyer. Some people have had success with Laurel Scott at www.visacentral.net. She does inexpensive (~$125) telephone consults and for a much greater fee prepares waivers, but she has a lot of experience with these sorts of cases and will be able to advise you correctly.