K-1 HELP!

[jimdude123 0]

here is my story, iam a uk resident and me and my american girlfriend are applying for a k-1 visa i have a minor criminal past, a harrasment caution from an ex girlfriend, not the biggest crime i know but i have since traveled to the usa on the visa waiver program which states "Have you ever been arrested or convicted for an offense or crime involving moral turpitude" which i answered no too. Iam besides my self with worry now because it seems i have commited immigration fraud and could jeoprodise my k-1 visa. what should i do? can any one help or give me suggestions or your own similar experiences

[NigeriaorBust 4,087]

Do NOT travel again on VWP. You might apply for a visa ( which would probably be denied ) but would comply with the fact you have a criminal issue. I am not sure if a caution is the same as a conviction. Maybe a call to the embassy there you can ask if that is truly an issue.

[Dodi 69]

Were you ACTUALLY arrested? Or just cautioned? If you weren't arrested then technically you didn't commit fraud. You'll need to get your ACPO report, which will show No Live Trace (if the caution weren't there it would show No Trace) and then request a Subject Access Report. These combined should show your CO at your interview that you don't have a criminal history, just a caution, and should clear the matter up. If nothing else, be prepared with waiver paperwork should you need it at the time.

Hope that helps!

[jimdude123 0]

am i setting me self up for a major let down with this k-1 visa ? has anyone had a similar situation? should i get some advice from an attorney if so who is the best in the uk for immigration?

[jimdude123 0]

yes i was arrested but given a formal caution will that show up on the acpo report? what is the waiver form i would need to fill out just in case? and how would that help ?

[marlea 84]

The first thing to check is your police record. If you were just cautioned and have no convictions, then you should be ok. Also, harassment isn't necessarily a CIMT. They are typically talking about murder, rape, trafficking and other larger offenses.

In the UK, when you send away for your police report, it will come back with one of three options: No trace, no live trace, or live trace. No trace means that you have nothing to worry about. No live trace means that you have no open or unresolved criminal arrest warrants, but that you have some issues that have been resolved. If your record comes back with "no live trace" then you should also get the court records that elaborate on what that previous conviction or caution was for. Live trace means that you have an open and unresolved warrant or court proceeding against you. I don't think that a harassment caution is something that would lead to an automatic denial, but even if it does, you would likely be able to apply for a waiver. I don't know much about waivers, but you could head over to the waiver forum to get more information.

Edited October 1, 2010 by marlea

[jimdude123 0]

so would it be safe to say that when i answer question 41 " have you ever been charged arrested or convicted of any offence or crime?" and it comes back no trace or no live trace, i can say no? Do they check to see what visas i have used in the past because it clearly states that "if you have ever been arrested" you cant travel on the visa waiver program. i dont want them to find this out are they likely to check this. thanks good advice so far!

[Dodi 69]

Were you actually arrested? Or were you just detained by an officer and given the caution on the spot?

Again, it's if you were arrested for a crime involving MORAL TURPITUDE, which is something most people don't even know the meaning of. Harassment doesn't really fall under that heading, so you should be fine. If your ACPO report comes back with No Live Trace, request a Subject Access Report and you should be good.

Hope that helps!

[marlea 84]

so would it be safe to say that when i answer question 41 " have you ever been charged arrested or convicted of any offence or crime?" and it comes back no trace or no live trace, i can say no? Do they check to see what visas i have used in the past because it clearly states that "if you have ever been arrested" you cant travel on the visa waiver program. i dont want them to find this out are they likely to check this. thanks good advice so far!

If it says "No trace" then you are good to go, there are no issues. If it says "no live trace" then you need to get more information. No live trace could be something as small as a conviction for petty theft, or it could mean a conviction for murder. That's why you need to get the court records to support the police record. As for the VWP, yes, they will do a background check to see when you have entered the country, what visas you used, or if you traveled on the Visa Waiver Program. If, on the off chance, they see this is an issue, (e.g misrepresentation on previous entries) you can still file a waiver.

[jimdude123 0]

ok brilliant advice everyone thank you im feeling alot better now. could someone give me some info or a link on regards to the waiver if all goes bad as i dont really know much about this process thanks again!

[marlea 84]

Here is the link to the waivers forum. They will be very helpful over there.

http://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

[RichiJenny 14]

im guessing you were arrested? apply for your acpo certificate and if it shows on there you will have to address it. how long ago was it? the reason i ask is it may not show up on your acpo cert. although the us doesnt recognise spent crimes or convictions, sometimes certain things dont show up on the acpo. i know its not themgreatest of help but apply for it and see what it says. now of course im not telling you to lie but if its not on your police record then there is no crime to address. id say. if it does, then you will need to obtain all the official info relating to the crime and address it in a waiver packet.

that said, a consultation with an immigration attorney would help too.

[jimdude123 0]

it was about 6 months ago so fairly recent. if it shows up what should i do i obviously have to declare it but im worried they will deny it on misrepresentation on previous entries because i sholdnt have flown on the visa waiver program. are they likely to check what visas i have travelled on before? what waiver form is is i might need? do i need to prove extreme hardship then?

[jimdude123 0]

it states this on the visa waiver program "Have you ever been arrested or convicted for an offense or crime involving moral turpitude" and i dont believe that is a crime of moral turpitude. whats your opinions

[Krikit 1,166]

Merging triplicate threads.