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HazelTove

UK Caution but unusual circumstances

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Roughly 4 to 5 years ago I was arrested for stealing some items from a shop. The reason this happened is because I was in a really bad situation at the time where I was being abused, threatened, and coerced by someone who always accompanied me places.

I was in the process of trying to get out to a refuge and the police had been aware of what was going on prior to my arrest but that the process of getting out took a few weeks time and I got arrested the week before I got out when things were at it's worst. At the time this person had been denying me food for days and coerced me into stealing some and other things that said person wanted or I wouldn't get food, I was afraid of being physically harmed. So I stole it even though I never normally would've even considered ever doing something like that but I felt that I had no choice and I wasn't able to get out yet.

The problem is that the police arrested me and took my finger prints and mugshot anyway before I could explain the situation and I likely have a UK police caution for it. I'm now wanting to move to the USA to live with my fiance and we have started the K1 process but I'm worried I will be denied because of the caution as it says theft is considered moral turpitude. I'm not a thief I was trying to survive under horrible circumstances.

Considering that I was coerced and forced to commit the crime and have proven to have taken steps to get away from that situation would the caution still be considered an offense that will get me denied? I'd be devastated if I was being punished for what happened when I was a victim, it would be highly unfair. All I want now is a happy life with my fiance, we would be devastated if this was held against me.

Do you think they would make an exception considering the circumstances? Thanks for any replies.

Edited by HazelTove

2013 - Met online
2014 - First met in real life
2015 - First time living together for extended periods of time.
2016 Early May - Got married
2016 Mid May - Send off AOS application (Waiting for response)

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You would know if you have a caution, you would have had to agree to it.

There is a waiver that your Fiance could file if needed, I601.


“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.”

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