will accidental misuse of vwp affect my k1 approval

[chrisclassic 14]

story goes like this i have travelled on my vwp 3 times to the usa not knowing about criminal activity as the local travel agents filled them for us

anyways now i have my police records ready for my interview and to my amazement i have a record and the only thing i can think of is along time ago pulling a prank with traffic cones

i was just wondering if anyone knows if being on the vwp with this will affect my k1 approval im going to declare all this in the interview

i was never fined did no jail time it was more of a slap on the wrists and let go

any answers will be great

cheers

[agnesb 47]

story goes like this i have travelled on my vwp 3 times to the usa not knowing about criminal activity as the local travel agents filled them for us

anyways now i have my police records ready for my interview and to my amazement i have a record and the only thing i can think of is along time ago pulling a prank with traffic cones

i was just wondering if anyone knows if being on the vwp with this will affect my k1 approval im going to declare all this in the interview

i was never fined did no jail time it was more of a slap on the wrists and let go

any answers will be great

cheers

In my opinion Gettin subject access report to present it at the interview http://www.acro.police.uk/subject_access.aspx would be first step.

Then maybe, depending on whats on file, just explain to CO (if questioned)that you were not aware that you were "cautioned" or whatever te report will show.

[chrisclassic 14]

In my opinion Gettin subject access report to present it at the interview http://www.acro.police.uk/subject_access.aspx would be first step.

Then maybe, depending on whats on file, just explain to CO (if questioned)that you were not aware that you were "cautioned" or whatever te report will show.

well i have that form coming to me soon sent off for it the other day like i said im going to be honest but im sure i wasnt convicted it was so vague like i said a slap on the wrists for being stupid really and let go

so you think there is a good chance if i do all this

trust me it was petty and my only offense

im squeeky clean other than that

[hmh33 117]

Shouldn't be an issue - unless it was a Crime Involving Moral Turpitude (CIMT), you were not required to declare it on either ESTA or its predecessor I-94W when you travelled on the VWP. When actually applying for a visa (including the K-1) you must declare all arrests etc, but for VWP you only had to declare arrests etc for crimes classified as CIMT.

Moving traffic cones does not sound like CIMT to me. As Agnes said, you do need to obtain the relevant records (or a statement from the authority that no records exist) for your current K-1 application.

[chrisclassic 14]

okay just got the subject access forms back and it has come up with the theft of traffic cones ?????

am i in trouble or do you think it will be okay ???

i did not realise this and honestly shocked

im pretty sure i might be in for denial due to past misuse grrrrrrrrrr feel empty inside

please help

Edited May 23, 2013 by chrisclassic

[Merrytooth 5,748]

Theft is considered a Crime Involving Moral Turpitude (CIMT).

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter5.html#S-A-1

9 FAM 40.21(a) N7.1 Provisions of INA 212(a)(2)(A)(ii)
(CT:VISA-1318; 09-24-2009)
As amended, a conviction or admission of the commission of a crime of moral turpitude will not serve as the basis of ineligibility under INA 212(a)(2)(A)(i), if the following conditions have been met:
(1) The applicant has been convicted of or has admitted to the commission of only one crime;
(2) The maximum penalty possible for the crime of which the alien was convicted or for which the alien legally admitted to did not exceed imprisonment for one year and, if the alien was convicted and the alien was not sentenced to a term of imprisonment in excess of six months; or
(3) The crime was committed when the alien was under 18 years of age and the crime was committed (and the alien was released from confinement if applicable) more than 5 years before the date of the visa application. (See 9 FAM 40.21(a) N8, below.)

http://www.state.gov...ation/86942.pdf

[chrisclassic 14]

okay thanks i fall into those 3 it was one traffic cone and i had it on my head yes it was halloween i wanted to be a road witch honest i know it is stupid but really is my one and only thing so i should fall into the petty exception tight ???

im going to be honest about but never knew because of a traffic cone that it would be theft seen as i got it from a hedge and it was on my head

i am a honest guy and iv always stayed away from crimes it was one of things where i was pulling a stupid joke ooooops

but thanks for your post i certaintly fall into that catagory you posted

cheers

[hmh33 117]

I think in all likelihood you're going to be fine, but regardless the first thing to do is fill in all the forms and then attend the K-1 interview. Answer all questions on the forms honestly. Probably, you'll be approved on the spot, but if not you'll be recommended for a waiver - another form, another couple of months waiting, and then you'll have the visa. I think it's incredibly unlikely that you would be deemed inadmissible for this offense.

When I misappropriated a traffic cone while drunk, the policeman just told me to put it back

Edited May 24, 2013 by hmh33

[chrisclassic 14]

tbh i am expecting the waiver as i belive the vwp thing will be a red flag :/

but were very much in love and will do all it takes to be with each other in the end

hopefully no waiver though il keep you all posted