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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Hi, all:

I'm looking for some help prepping my fiancé for the interview at the London Embassy.

We're a little worried about a small bump in our application -- he has a CIMT [for shoplifting some super-important t-shirt at age 16 or so :rolleyes:] that I believe qualifies for exception under the INA, as (i) he was under 18; (ii) it was more than 5 years ago; (iii) it is the only thing appearing on his police record; and (iv) the maximum sentence that could have been handed down was 6 months [his sentence was to write a letter of apology]. As expected, he just got his police certificate back, and it was 'No Live Trace' and we're waiting for his Subject Access Report.

Like many other Brits, he (and I!) didn't even realize this minor charge/embarrassing incident was a problem for the VWP, so he visited me twice in the US over the past year under the program. I understand that it's entirely possible that he could receive a misrep ban when we go up for the K-1 interview, and I'd like to get out ahead of that potential disaster.

So of course, he'll already be bringing his Police Certificate and SAR to the interview, but:

1. Should I have him also write a letter explaining the situation and unintentional wrong answer on the VWP? Should this letter also cite the exact wording of the Immigration & Naturalization Act (e.g. "According to Clause (i)(I) of the INA....") or should it seem more "natural" (e.g. "I didn't realize that my foolish actions as a child, for which all convictions had been spent, would require a 'yes' answer at this stage")?

2. His dad's a former military/law enforcement guy. Should I also have him collect a few letters testifying to good character to support his letter of explanation? Should we reach out to the judge who passed down the sentence?

3. Should

Or:

3. Should we wait to be asked by the interviewer, and not volunteer any excess information/testimony not asked for?

I suppose we could get a lawyer, but I'm not sure what he/she would do at this stage?

2015

July 9: First Date in London

2016

March 1: Belated Leap Day Engagement

Mar 26: Mailed I-129f packet to Dallas Lockbox via Tracked Royal Mail from England

July 25: Case # Assigned {4 months since Mailing Day back in March!}
August 1: 'Ready' Status at the Embassy!
September 8: Interview Date!
November 22: Courthouse Wedding date (North Carolina)
December: Filed for Adjustment of Status
2017

May 19: Big Fat American Wedding date (Maryland)

July: Green Card Received!

2019

July: Filed for Removal of Conditions

July: 18-month Extension Received

Filed: K-1 Visa Country: Wales
Timeline
Posted

I vote for 3, I have seen cases where people were not hit with misrep.

“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.”

Posted

I vote #3. There's been several in the past asking the same questions you are about VWP. Much panic and stress but in the end the VWP did not come up at all.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Posted

London will definitely review the Police certificate and SAR, but they don't ever seem to be concerned with previous entries. That's a CBP and Homeland Security area. Not their job attitude maybe. The comsulate's concern is to determine if he qualifies for a visa. Other shoplifters, etc have been given a visa.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

OK, great. Very reassuring, as we've been freaking out and wondering whether we should cancel the whole process and try for a UK fiancée visa/move to a 3rd party country for both of us/cut all ties and run away together to a remote desert island.

2015

July 9: First Date in London

2016

March 1: Belated Leap Day Engagement

Mar 26: Mailed I-129f packet to Dallas Lockbox via Tracked Royal Mail from England

July 25: Case # Assigned {4 months since Mailing Day back in March!}
August 1: 'Ready' Status at the Embassy!
September 8: Interview Date!
November 22: Courthouse Wedding date (North Carolina)
December: Filed for Adjustment of Status
2017

May 19: Big Fat American Wedding date (Maryland)

July: Green Card Received!

2019

July: Filed for Removal of Conditions

July: 18-month Extension Received

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

I also agree 3... he will be asked about it, but I think you'll likely be fine.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

 
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