JTLDN

Indeed they do, JTLDN, although it does come with a hefty price. After nearly four years of fighting our battle, my husband is here with me. We both lost a lot through this process and are only now picking ourselves up, dusting ourselves off, and forging onward in our new lives.

I PMd the OP, although I'm not sure how much help it will be. I know others have been successful in overcoming this on their own, but I would wholeheartedly recommend contacting an attorney experienced in handling these matters.

wow a 4 year battle, I too would appreciate more information on how you overcame and won.

I cannot begin to fathom the expenses involved, love triumphs all

Congrats!

I was arrested, I know I was cautioned but don't recall getting any paperwork. It showed up on an enhanced CRB check 2-3 years later. I agree that getting the ACPO certificate would shed some light on it - if I'm lucky enough to get "no trace" then I think erasing the incident entirely from my memory might be the best option, regardless of the various pressures to be "honest". If I get "no live trace" then I will have to disclose it and risk getting the "misrep" against me.

Another question for anyone who may know about such things - if an ACPO says "no trace" then is there any other check that could be made behind the scenes to reveal something like a caution?

Also - does anyone know of anyone who has had a misrep for a caution and NOT had it work against them? I read up on JustJ's situation and her husband was tagged with a misrep as well as (unfairly) an overstay, the both of which together caused issues. I'm wondering if the misrep alone (and if explained as a mistake/misunderstanding at interview, therefore not willful misrepresentation) is enough to get denial of a K1 visa.

Thanks for your help so far everyone.

I too wonder if people with a CMT + misrep... ever have happy endings.

I sure hope so

Either the story is false or there is more to it. US Law does NOT require a special visa to get married. Hundreds to thousands of destination marriages are performed in the USA every day.

So, let's DROP this story.

LOL thanks for clearing that up.

Well a warning first before others jump in for some reasomn this can be a contentious subject, not the CIMT, what do you want to do. Ideally, and lets take it from there.

According to your timeline, EB1. At that age EB1 would be very unusual.

That was a mistake I made on registration (lol the irony)

He's currently here on the VWP, not sure which course of action to take all we know is that we will be getting married in the following weeks.

Generally you can get away by using the VWP even as in this case when not eligible.

As long as you do not have some issue, such as an immigrant petition when it comes back to bite.

Have you discussed it with your Lawyer.

Will be contacting an attorney in due course, wanted to get some insight from the good folks here first.

What do you mean by immigrant petition?

On form DS-230 Question 41: Have you ever been charged, arrested or convicted of any offense or crime?

I'm in a similar predicament, they don't take dishonest on forms lightly

Fiance is currently in the USA, he has only ONE conviction on his record (took an abandoned bicycle when he was 19), and ended up being convicted of theft. At the time of application he was not aware that a petty offense constituted a CMT.

The offense was 4 years ago and he has never been arrested since.

Although he may be eligible for a petty offense exception, his interpretation of CMT means that he did not declare the offence on the ESTA/VWP application. For which he now wishes to put right.

The relationship has been ongoing for a year and marriage is on the cards. I fear that if he returns to the UK and applies for a CR-1 he may be denied re-entry. and I imagine AOD might be an uphill battle.

HELP!