Hi Everyone,
Thx for all the input. Like I said in my previous post, my fiance was going to visit in April, But the travel agent told him he needed a visa because of a previous conviction. So he paid for the visa application & made the appointment which isn't until may 9th. He also paid & ordered the police report. Well, now the police report has come back clear, and it appears he doesn't need the holiday visa...we know he won't get a refund but we were wondering if his getting the holiday visa will help any at all toward the finace visa. Or if he needs to keep that appointment at all...Does any body know? it's such a long trip for him to go to London for no good reason, thats why we ask.

He's now booked his flight to visit for 2 weeks the end of June & 1st of July... So we're setting up our engagement Party for June 28, we'll take pics for our photo album.

Ya'll have a great day!

He doesn't need the holiday visa; receiving one won't count or help towards the fiance visa as they are given out based on entirely different criteria.

My husband applied for a tourist visa and didn't keep his appointment, no harm done.

You realize that the mere fact your fiance's police report is clear does not obviate the fact that he may not be able to use the VWP?

I don't know if it was revealed when the visa appointment was booked (they did ask me what the reason I needed a visa was, so I assume it was) but I know I'd not like to take a chance of using the VWP knowing that somewhere, I might be on record as stating I have a criminal record.

It really doesn't matter whether or not one is 'on record' for stating they have a criminal record.

It's the fact that one does.

My point was they could/would have to lie on the I94 to use the VWP, and they would have the clean record to prove it... But if it's on record, they might get caught in the lie and cause big problems later.

I'm not advocating lying btw

I didn't think you were.

But my point is that US immigration law does not recognize 'spent crimes'. So even if there were an offense not showing on a report, it needs to be declared whenever filing for a visa.

Misprepresentation is a bigger offense to US immigration law than many other crimes. There are 'exceptions' for some youthful offenses; there is the waiver process for others; there is deportation for misprepresentation. Even after the grant of a benefit.

The form I got from subject access disclosed spent convictions as well. Which would make sense as spent convictions are not discounted.
I don't understand why it's not shown on the new forms.

I think we're both on the same side or the argument, just approaching it from different angles. When it comes time to apply for the K1 visa and declare the conviction, if they'd used the VWP and (possibly) lied about having a conviction (involving moral terpitude) it could possibly screw up the case.

The angle I was at is this - it's too big of an issue to pretend the incidents didn't happen just because they don't appear on a report.

Most folks don't realize just how big misrepresentation is in the immigration picture. Greencards can be revoked.

Yeah, that's pretty much my angle too. Someone with a clean record showing (even though there is a conviction) could get away with (not legitimately) using the VWP for a vacation... but as someone who is hoping to emigrate it's really not worth trying for the reasons you stated.

My earlier posts just wasn't worded well.

I've even known of people to travel on the VWP when they have convictions that show.

If you travel on the VWP you don't need to order a police report to do so. So let's say you know you had a past conviction, but it's for a 'spent' crime. In your mind, it's over and done with.

So then you decide to immigrate and order a police report. Voila - you discover your 'spent' crime is now an issue.

I've read of reprimands during interviews for this type of thing. And I've read of denials.

So the long and short of it is it's better to go to the embassy and apply for the B1/B2 visa than have to worry about it more at a later date.

I can easily understand why there would be denials. The spent conviction could be one of "moral terpitude" which is the big no-no where visas are concerned.

I don't know if you would need to actually apply for a visitors visa to find out if you need one. But contacting the consulate would definitely be in order.

Maybe they'll be able to give out the information, but the London Embassy site actually says if you are not sure if you are eligible, apply for the visa.
http://london.usembassy.gov/cons_new/visa/...wizard008a.html
I'd definitely contact them (at the very least) before using VWP

Ah. Very good.

Great job on doing the research!

Thx!!!! I appreciate all this.

Yes, we haven't filed anything yet...but we plan to be on the up & up all the way, we have nothing to hide, thats why he made the appointment for a tourist visa anyway, because he was told he was told about the DWI like 27 years ago... being on his record...but actually it's not. Nigel read these posts and said he was going to keep his appt at the embassy anyway. Even tho he doesn't need to since the report came back clear.

OK...but because i'm so new here...the terms get me and i got stumped on wat a VWP was, i found the abbreviations & found it was "Visa Waiver Program" but i don't know what it does or if we need to file for it too. Is there like a visa journey dictionary here on the site somewhere?

It's funny, i thot i was going to marry Nige & he would just come right over...lol...OH America the beautiful! then i thot i would just file a marriage visa, lol, then we decided the K1 was faster & was gonna file it...(like it was the only form or something!!!lol...

He is worth it all, and we have decide to enjoy our journey, even tho i have read the stress people are going thru...

So Rebecca, u wrote " You realize that the mere fact your fiance's police report is clear does not obviate the fact that he may not be able to use the VWP?" So the VWP must be a great thing, & good help huh?... does us not using it make it harder for us? I need to try to find this info...pardon me as i find my way around here...i appreciate the "heads up"

you guys are great! thx for everything,

Nah. I know other couples where the UK spouse required a travel visa and their K1's were approved. A couple of them had more serious crimes (much) and they needed a waiver for the visa approval. I don't think you're guy will need a waiver to get the K1 approved if the conviction is that long ago and not on his record. But you might have him ask when he's at the consulate about his travel visa.

It might be a good idea to post the story of his 'record' in the Waivers Forum just to see what others think.

If I remember correctly, it's only crimes involving moral terpitude that make you automatically ineligible for the visa (assuming all other conditions are met). DWI would not involve moral terpitude.
http://foia.state.gov/masterdocs/09fam/0940021aN.pdf (page 5)

Here's London's latest policy on DWI:

"Drink Related Offenses
Applicants who have been arrested and/or convicted of a drink related offense may be referred to the Embassy's panel physician for evaluation. You will be advised further on the day of the interview. As we cannot pre-adjudicate a visa application, we are unable to provide further guidance until you formally apply for the visa, at which time you will be given the opportunity to discuss your application with a Consular Officer."

http://www.usembassy.org.uk/cons_new/visa/niv/add_crime.html