B2 Visitor Visa with Nolle Prosequi

[zach21uk 3]

Hello There Everyone,

This is my first post on this forum but probably won't be the last as my wife and I are just about to begin the process of filing an I-130 for myself so that we can move to the US in the near future. Before we file that though, we want to visit the US to visit family members and friends in various parts of the US hence why I am currently applying for a B2 Visitor Visa.

I am a British Citizen with a British Passport currently residing in Cyprus - I am no longer able to use the visa waiver program was I was previously turned down for a B2 in 2013 as I was not able to show sufficient evidence of non-immigrant intent. Every time I have attempted to apply for visa waiver authorization since then it automatically comes back as "Travel Not Authorized".

I have just finished dealing with a case against myself in the US that has resulted in a Nolle Prosequi outcome (meaning the state dropped it). My situation is rather unique in that typically in matters such as these, even if a case gets dropped, the individual will still have an "Arrest Record" stemming from when they were arrested and bailed in relation to the case. In MY situation though, I was never arrested because the warrant on the case was filed while I was out of the US and the warrant itself actually prevented me from returning to the US without co-operation from the state attorney (they would have had to provide a letter showing that they required my presence in the US to progress the case and would therefore need to be issued a visa). The state did not feel that there was any reason to proceed with the case and my lawyer worked with the State Prosecutor whom looked over the available "evidence" and then dropped the case.

Therefore, while I do have this Nolle Prosequi, I have absolutely no arrest record at all and can produce documentation showing that the warrant was withdrawn without ever being executed and that the case was dropped.

With all this in mind, I am wondering if I am going to run into significant issues obtaining a B2 Visa and later on proceeding with obtaining a green card.

As far as proof of ties to my current residence in Cyprus, I am planning to provide the following documentation:

- Savings Account Statement showing over £20000 in savings.

- Two year rental agreement for my current home, valid until August 15th 2016 (rental agreement is in both mine and my wifes names).

- Residency Papers for both myself and my wife (whom is American) showing that we both live here.

- Proof of ownership of two vehicles with a total value of around £40000.

- Proof of ownership of two cats.

- Inventory of Possessions showing possessions valued at over £20000.

- Family ties in the form of my father and grandmother who both live locally.

My wife and I are both overjoyed that the case against me in the US was dropped and my wife, who misses the U.S. terribly is of course hopeful that we'll be able to get on with our lives now and relocate back to the US.

That being said, I am worried sick that the Embassy in Nicosia is going to reject my B2 Application for one reason or another.

With all of the above facts in mind, do people here on Visa Journey feel that I am likely to run into issues with my B2 and later on with obtaining a green card?

Is there any other documentation that anyone here might recommend me taking with me on Monday?

Thanks in advance for your replies.

Kindest Regards

Zach

[Boiler 43,766]

The nature of the prosecution maybe key, you did not say what it is for.

Does sound a long shot, you mention immigrate, has your wife started that process.

[zach21uk 3]

Hi Boiler,

Thank you for your reply. Yes I didn't want to mention what the charge was on a public forum. Hopefully it is enough to say that it was a 2nd Degree Felony Charge. I can provide further details via Private Message if required. It could potentially have been very serious but I believe the facts that worked in my favor were that: it was a genuine honest mistake due a badly written statute; that I was fully co-operative with the authorities during their initial investigation; and that my wife did not support any kind of prosecution and she was the "victim" in the case.

We have not begun the I-130 process yet. We have all the paperwork ready to go, but we have not sent it off to the US yet as we need to sort out a US check for the filing fees and my wife needs to open a US bank account on our next visit before we can do this.

Zach

Edited April 13, 2016 by zach21uk

[Boiler 43,766]

Well you have applied, let us know how it goes.

[az2014 381]

I am not sure what kind of advice you are looking for on here?

You have a previous B2 denial, ESTA denials, previous 'history' in the USA, you can't honestly think getting a B2 now will be a walk in the park?

Only way to find out is by applying and going to the interview.

Also did you apply for a B2 the first time while you were eligible for VWP? That was a big mistake..

Edited April 13, 2016 by az2014

[JFH 12,189]

Since you are intending to leave Cyprus got good and move to the US, the "ties" you mention are nit that strong. It's always difficult with an American spouse. All you can do us apply and hope for the best.

[zach21uk 3]

I am not sure what kind of advice you are looking for on here?

You have a previous B2 denial, ESTA denials, previous 'history' in the USA, you can't honestly think getting a B2 now will be a walk in the park?

Only way to find out is by applying and going to the interview.

Also did you apply for a B2 the first time while you were eligible for VWP? That was a big mistake..

Hi There az2014,

Well, I was primarily looking for advise on anything I might be able to bring along with me to my appointment that might help matters.

Regarding my first B2 application, this was applied for shortly after the legal case was filed against me in the US - the filing made me ineligible to use the visa waiver and thus I needed the B2 visa to go to the US and attempt to deal with the matter in person. Officially, the visa was denied as I was not able to show enough evidence of non-immigrant intent, however unofficially, I was told that so long as the case was "open" they would not issue a B2.

Now that we've been able to deal with the matter from here and the case has been dropped, we figured that I should now try obtaining the B2 again. There is no legal situation any longer and I am in a much better position in terms of tangible assets that I would not want to abandon due to their monetary value and furthermore, my American wife (whom resided in the US at the time of my last B2 application) now lives permanently here in Europe.

We know its more than likely not going to be "a walk in the park" but we are certainly looking for advise on how we might make things easier. My wife lost her mother to cancer last year whilst we were still dealing with this situation and sadly was unable to visit before she passed away as it happened rather suddenly. At the moment, things for her grandpa are not looking too good and we certainly want the chance to go and see him before anything happens.

We would appreciate any advice anyone might have.

Zach

[zach21uk 3]

Since you are intending to leave Cyprus got good and move to the US, the "ties" you mention are nit that strong. It's always difficult with an American spouse. All you can do us apply and hope for the best.

Hey JFH,

Its a long term goal for sure, but not something that is in the immediate future.

Given that we have not filed our I-130 yet, is the better policy in this to be honest and tell the people at the embassy on Monday that we do intend to proceed with an immigrant application in the future, or should we keep that to ourselves for now? We do not want to mislead them, but at the same time, we wish to have the best possible chance of my being granted the B2.

I am aware that as a policy, the embassy has to consider everyone a potential immigrant, but we would like to show that no reasonable people would abandon €50,000 euros worth of non-liquid assets and that we do intend to follow proper immigration procedures when we do proceed with that. I know that a B2 does allow for "change of status" once in the US, but we have no intention of going down that road as it would mean abandoning those assets AND abandoning our pets. I am sure some people might consider "pets" a weak excuse, but I think most people are overly attached to their pets and would not abandon them.

As stated in my previous post, I am aware that its not going to be "a walk in the park" but we are looking for honest and heartfelt advise on how we might make things easier for ourselves.

Kindest Regards

Zach

EDIT TO ADD: I would just like to say thank you to those who have spent some of their valuable time to read and reply to this topic thus far. It is very much appreciated.

Edited April 13, 2016 by zach21uk

[Boiler 43,766]

What are the non liquid assets?

[zach21uk 3]

Non liquid assets are things that you own that cannot easily be converted into cash. So property, land, vehicles, anything that would take a significant amount of time to convert into dollar bills.

[Boiler 43,766]

Vehicles can usually be sold quickly.

What sort of property do you have?

[Lemonslice 4,595]

Non liquid assets are things that you own that cannot easily be converted into cash. So property, land, vehicles, anything that would take a significant amount of time to convert into dollar bills.

But it's not because you're away that they necessarily lose value - also, what would prevent your wife from flying back to sell them?

[Boiler 43,766]

But it's not because you're away that they necessarily lose value - also, what would prevent your wife from flying back to sell them?

Hard to think of anything which would require physical presence to sel. I know of people who have sold property without returning.

[zach21uk 3]

My apologies Boiler as in my haste I misread your previous question as "what are non liquid assets" and somehow skipped the "the" which of course completely changed the meaning of what you were asking.

In my case, my non liquid assets are; two vehicles one of which I am actually not legally allowed to sell until November 2016 (due to the method used to import it), the full contents of my rented three bedroom house, plus a jointly owned plot of land.

Each of these items would require weeks or months to sell and thus turn into cash and certainly much longer here in Cyprus which tends to have a much slower pace of life.

Technically one could argue that ANY asset you might have that ties you to a given country could be sold from abroad with differing levels of ease, or by ones partner returning to do so, even a house and yet a house/property IS usually considered a tie, so where is the line drawn?

I suppose that yes, I could sell my vehicles from abroad but it would be tonnes of hassle and I would more than likely loose a significant amount of money in doing so - thousands. The same for any other possession that we own.

[Boiler 43,766]

A plot of land just sitting there we can ignore.

Contents of a house, most people find that apart from sentimental things just not worth the cost of shipping and electrics will not work.

I did have a car which I did not have to re export, close run thing, my back up plan was for my Brother to sell.

Hopefully you are seeing that those things that you think are a tie, just are not.