K1 visa criminal issues

[Serenity1 0]

Hi everyone reading, My partner and I have been dating online for a year and a half now, we quickly decided we were right for each other and shortly into our relationship we decided to go though and learn about the process of getting married, I the female live in England, I am a British citizen trying to marry as US citizen (male) We have not met in person yet because i was denied the B2 visa to visit the US because of lack of ties to my country they did not allow me to visit so now he is trying to visit me from the US.

Unfortunately he has a minor criminal record to he was convicted of domestic violence (unfairly so, not against a partner) and of possession of drug-paraphernalia last year, spent a month and a half in jail for said charge. The case is closed and resolved but he has plans to come over here to visit me to satisfy the requirement to meet in person but i have several questions about our situation.

1 - Is he eligible to successfully receive a visa if ALL convictions are considered 'Spent'

2 - If he is unable to come here and I there... Are we eligible for a hardship waiver?

3 - Last but not least ANY information about getting the hardship waiver and what effects it has on the visa application its self and any extra steps we must take/hoops to jump though, costs ect... ANYTHING at all will be most welcome, thank you..

Any additional advice or information is greatly appreciated

Thank you for your time.

Edited June 2, 2013 by Serenity1

[Harpa Timsah 13,258]

Why did you apply for a B2 and not use the VWP?

[candy35 4]

hey will not get an us passport becasue he has a recorder move on

[canadian_wife 1,829]

The hardship waiver will probably rely on why you applied for a visitors visa instead of using the VWP

Good luck

[Serenity1 0]

thank you for your replies so far the us citizen HAS a passport and we do not know what the VWP is

[Serenity1 0]

oh... I didnt think i was eligible for the VWP because i have a caution and have been technically arrested aswell so i didnt think i could get it. so i went for the b2 instead.

[littlej 23]

my understanding is if you have been denied a B2 you are no longer eligible to use the Visa Waiver

[Serenity1 0]

yes im not going for the VWP we're trying to meet at this point and don't know enough about the process because we dont know where to look or who to talk to, we have been considering to consult an immigration layer of some kind, Mainly because we're worried about the American citizen coming to the uk and being dined so we're both just trying to cover our bases.

Edited June 2, 2013 by Serenity1

[del-2-5-2014 1,339]

hey will not get an us passport becasue he has a recorder move on

Please expand on this, if you care.

[duraaraa 203]

Technically, couldn't you meet in a third country? Canada, Mexico, etc?

[amykathleen2005 441]

Go to Canada or Ireland.

[candy35 4]

a co work told me that he could not get a passport becasue he has been arrested for drugs and went to jail for a time .. and another friend of mine boyfriend is was on poroll and say said he could not get one either he was denide

[Harpa Timsah 13,258]

So you didn't even try to get ESTA? What was the caution for?

[jenni17 36]

Technically, couldn't you meet in a third country? Canada, Mexico, etc?

I agree... meet in another country if he can't get into the UK. It will strengthen your application significantly that you can prove that you have met in person. Even if you do get the waiver approved you still have to convince the embassy that you're in a committed relationship and never having met in person will be a red flag.

[ConGau1981 56]

Why do you think your fiance needs a visa to visit you in the UK? If he has a valid US passport he doesn't need a visa and he is allowed to stay for up to 6 months.

*You posted previously that he has a passport....so make sure it is still valid and tell him to buy a plane ticket*

Edited June 3, 2013 by ConGau1981