K-1 Visa - mistake on ESTA... PLEASE help!

[Banjomonkey 0]

Hi everyone

I'm new to this forum today, so please don't be mad if I've posted this wrong.

I'm British and my fiancé is American. We were engaged recently and now we would love more than anything to get married.

I visited him 3 times this year on an ESTA that was approved in Feb/March this year. He's been here once but for a good few weeks. We've done this long-distance thing for a long time now and it's just impossible to move forward without one of us moving - so I'm looking into moving to the US to be with him.

The thing that's terrifying the life out of me is this: when the ESTA application went through, my mum filled the form in for me because I was super busy with work and other things going on at the time.

On December 12th 2009, I was arrested and accused of shoplifting with my friends. Although I hadn't taken anything, I was holding my friend's bag at the time and there were some things in it that she'd stolen. I was 17 at the time. I wasn't detained in jail or charged or convicted - I was just given a fixed penalty notice and sent on my way.

When my mum filled the form in, she marked that I hadn't been arrested for a crime "involving moral turpitude". I know the definition of this is VERY difficult to interpret, but my ESTA says I haven't.

The website also says that if the applicant was a minor and the crime was committed over 5 years ago, an exemption could be made. I also know that this applies to people convicted of crimes, rather than just getting a ticket.

Obviously, I'm now concerned and worried about the possibility of this coming up on my application. Does anyone know whether this would even affect an application?

If there's anything you guys can suggest we do, I'd be really appreciative. I know I shouldn't have had her fill the form out, but I guess hindsight is a wonderful thing.

I don't want to be dishonest because I want to marry my fiancé and be with him, as easily as possible!

Thank you all so much for your help in advance

[nobbie 105]

Just go ahead and fill the K1 forms out, get your police check and see if it says anything, if it does then get a Subject Access Report done.

have a look at this, covers what Wiki thinks CIMT is in US immigration.

http://en.wikipedia.org/wiki/Moral_turpitude

I had ESTAs and several visas over the years and never confessed to anything, although I had pretty much forgotten until I filled out the police check form I had a minor conviction from 1980. I just told them and there were no issues. My police check was clear mind you but I got a SAR anyway.

[Banjomonkey 0]

Hi Nobbie - thanks for your reply. I've applied for a SAR and thought I'd get it done before I applied. I know they'll want another, but I figured it would be good to have it. Do you think the box being ticked "no" will affect my chances?

Thanks

[Nich-Nick 3,353]

Carry on with your applications. What you put on ESTA will not likely come up in the process.

Yes, if you have something on your police record, the embassy will discuss that charge. But they will not dig into what you put on ESTA. They will ask questions about the fiancé visa eligibility. That is based on knowing the experiences of many before you who worried about the same ESTA thing and got K1 visas in London.