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Old one-time conviction - K1 Visa beneficiary

By UKtoUSlove in K-1 Fiance(e) Visa Case Filing and Progress Reports

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UKtoUSlove Newbie

UKtoUSlove   0

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Hi Everyone,

 

This is my first post so please be kind!

 

I’m hoping someone who has been through something similar will have some helpful feedback. I am a US citizen engaged to a UK citizen. We are getting ready to apply for a K1 Visa so he can come here to marry me. 

 

His criminal record in the UK is technically “clear” now. However, 22 years ago during a difficult time in his youth, he attempted a burglary (stole an item from a home) for which he was immediately caught. He went to court and due to the circumstances of the case, his genuine remorse, and the judge’s belief that he would not reoffend, he was given community service and 1 year probation. He has never had another issue with the law since. 

 

First of all, we’re of course wondering how this will effect his chances of getting the K1 Visa. I’ve read so many differing opinions online for these types of situations that my head is spinning!

 

The second related concern is the ESTA. He has a current ESTA, which he acquired when he first came to visit me several months ago. Due to misunderstanding with the form, he did not think he needed to mark “yes” regarding criminal offenses of “moral turpitude”.

 

Now that we’re researching this K1 process we’re realizing he should have marked “yes”. It was not intentional and of course I’ve read all over the Internet now that this was a mistake. Does anyone know if anything can be done to correct this at this point? Or do we have no recourse for this error?

 

We’re going to contact a lawyer but I’m just looking for any helpful feedback from this community of people who have been through or are going through this process. Even just personal anecdotes will help. 

 

Thanks! ❤️

 

 

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Boiler Grand Master

Boiler   43,708

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Filed: K-1 Visa Country: Wales
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Devil will be in the details but sounds like he may need a Waiver, only know for certain when he interviewed. He will need his police report and as many details of the conviction as he can find.

“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.”

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Hypnos Grand Master

Hypnos   6,576

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How old was he when he committed the crime? 

 

Ironically, he may now need a waiver for the material misrepresentation of not declaring his 'moral turpitude' issue. 

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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UKtoUSlove Newbie

UKtoUSlove   0

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16 hours ago, Hypnos said:

How old was he when he committed the crime? 

 

Ironically, he may now need a waiver for the material misrepresentation of not declaring his 'moral turpitude' issue. 

Thank you for the response, he was 21 at the time I believe. We’re just worried sick at this point. Ugh! So stressful. 

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UKtoUSlove Newbie

UKtoUSlove   0

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17 hours ago, Boiler said:

Devil will be in the details but sounds like he may need a Waiver, only know for certain when he interviewed. He will need his police report and as many details of the conviction as he can find.

Thank you boiler. We’re working to gather everything we need now and will also speak to an immigration lawyer. It’s such a scary thing to have to deal with! 

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Boiler Grand Master

Boiler   43,708

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Filed: K-1 Visa Country: Wales
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24 minutes ago, UKtoUSlove said:

Thank you boiler. We’re working to gather everything we need now and will also speak to an immigration lawyer. It’s such a scary thing to have to deal with! 

One of those where you can discuss what might happen, but not know what will happen.

“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.”

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mindthegap Experienced

mindthegap   2,543

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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Posted (edited)

He is going to need everything he can get about the offence, from the police and the court if available.

A subject access report wouldn't hurt either - from HERE (not to be confused with the normal police certificate)

 

18 hours ago, UKtoUSlove said:

His criminal record in the UK is technically “clear” now.

Unfortunately the UK rehabilitation of offenders act does not apply to US immigration law, and no crime or conviction is ever classed as 'spent', so he will have to declare this at every single stage of this journey. It is a pain, but no way around it unfortunately.

 

The fact that it was such a long time ago and an isolated incident works in his favour.

The fact that burglary appears to be considered a CIMT works against. Not declaring it on an ESTA previously is also not ideal, as he has lied on the application. 

There are waivers available, but as boiler says, there is no way of predicting how it will go.

 

 

 

Is he still in the US with you now, or back in the UK?

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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UKtoUSlove Newbie

UKtoUSlove   0

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12 minutes ago, mindthegap said:

Is he still in the US with you now, or back in the UK?

Thank you! I know that nothing can be determined now for sure (which is frustrating and of course the main contributor to my anxiety) but I just wanted to get whatever feedback I can from the community. It helps to talk it out with others who either have knowledge in the area or have been through it. 😊 

 

No, he’s not here in the US at the moment, he’s back in the UK.

 

 

Thanks!

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Hypnos Grand Master

Hypnos   6,576

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Filed: Citizen (apr) Country: United Kingdom
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At 21 unfortunately the youthful offender exception would not apply; he would needed to have been under 18 when he committed the crime for that.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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UKtoUSlove Newbie

UKtoUSlove   0

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41 minutes ago, Hypnos said:

At 21 unfortunately the youthful offender exception would not apply; he would needed to have been under 18 when he committed the crime for that.

Yeah, I know. Ive already taken that into account through my relentless anxiety-fueled research. I’m hoping we still have a chance. 

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