HELPPPPPP

[Sean&Dawn19 0]

Hello,

 

I really need help with this. 

 

I flew to the US late 2017 after getting cleared for travel on ESTA. I made a mistake on the form due to misunderstanding the language, the crimes involving moral turpitude, I google it and it stated

 

crimes such as rape and murder so I thought "well no definitely not" and ticked no. It also mentioned criminal convictions, I have received x2 criminal damage charges cautions which

 

to my knowledge was not a conviction and ticked no. On my way to leave I lost my passport and had to get a temporary passport and book a new flight, by the time I was able to leave I was overstaying

 

the VWP and no longer eligible to travel on it. I wanted to go back later in the year and applied for a tourist visa and was denied, at this point I learned I shouldn't not have been able to travel in the first

 

place which was quite a shock. When I was over there I met a woman and we were attracted to each other, In November 2018 she came and spent a month with me and we fell in love. We are very much

 

in love and want to be together and want to get married. She is waiting for her divorce to finish and then we plan to marry, and she wants me to relocate to the united states so we can start our lives

 

together but obviously a number of things have happened and I want to know how badly this has messed things up, and if its even possible for us to marry.

 

It looks really bad and I really need to know if its possible for us to be together,
 

 

[Lil bear 4,248]

1 minute ago, Sean&Dawn19 said:

Hello,

 

I really need help with this. 

 

I flew to the US late 2017 after getting cleared for travel on ESTA. I made a mistake on the form due to misunderstanding the language, the crimes involving moral turpitude, I google it and it stated

 

crimes such as rape and murder so I thought "well no definitely not" and ticked no. It also mentioned criminal convictions, I have received x2 criminal damage charges cautions which

 

to my knowledge was not a conviction and ticked no. On my way to leave I lost my passport and had to get a temporary passport and book a new flight, by the time I was able to leave I was overstaying

 

the VWP and no longer eligible to travel on it. I wanted to go back later in the year and applied for a tourist visa and was denied, at this point I learned I shouldn't not have been able to travel in the first

 

place which was quite a shock. When I was over there I met a woman and we were attracted to each other, In November 2018 she came and spent a month with me and we fell in love. We are very much

 

in love and want to be together and want to get married. She is waiting for her divorce to finish and then we plan to marry, and she wants me to relocate to the united states so we can start our lives

 

together but obviously a number of things have happened and I want to know how badly this has messed things up, and if its even possible for us to marry.

 

It looks really bad and I really need to know if its possible for us to be together,
 

 

Simplest way would be for the live of your life to move to your country together.  You have multiple issues that would need to be overcome , if possible 

[aaron2020 11,651]

Why do you think you are inadmissible?  What's the crime?

[Sean&Dawn19 0]

x2 cautions for criminal damage less than £5000, first one was while I was in the armed forces in Germany in 2010, went out, to much to drink, taxi driver assaulted me, I defended myself, got arrested, admitted I was wrong, got £350 fine for damage to a car. 2nd one, again drunk 2017, now out the military living with a lot of stolen valor types in a veterans refuge place (really bad time in my life) to much to drink, got assaulted, went back to refuge broke some stuff, apologised, got a cuation. really minor but shows up and looks really bad

[aaron2020 11,651]

Your fiancee should have a consultation with a qualified immigration lawyer.  Have her bring your records with English translations with her to the consultation.  

This is beyond the scope of an online forum.  Specific details will matter.  

Edited January 27, 2019 by aaron2020

[Sean&Dawn19 0]

thanks mate, god if id known how much drama this would've created I wouldn't have gone in the first place

[EM_Vandaveer 2,408]

FYI UK cautions require an admittance of guilt and because of that they are treated by US immigration the same as convictions.

Edited January 27, 2019 by EM_Vandaveer

[JFH 12,190]

25 minutes ago, Sean&Dawn19 said:

x2 cautions for criminal damage less than £5000, first one was while I was in the armed forces in Germany in 2010, went out, to much to drink, taxi driver assaulted me, I defended myself, got arrested, admitted I was wrong, got £350 fine for damage to a car. 2nd one, again drunk 2017, now out the military living with a lot of stolen valor types in a veterans refuge place (really bad time in my life) to much to drink, got assaulted, went back to refuge broke some stuff, apologised, got a cuation. really minor but shows up and looks really bad

You were in the British armed forces? You have posted amounts with the £ symbol, which is why I ask. You said you “didn’t understand the language” but the ESTA form is in English and also available in the official language of every participating country. 

 

The words “moral turpitude” were removed in 2014 and replaced with “any crime that resulted to serious damage to people, property or government authority” so I don’t believe you didn’t understand the wording when you applied in 2017. And those words are very simple to understand, especially if English is your first language. 

 

You could be looking at a misrep here and if that’s the case then your beloved needs to start researching the requirements for her to move to the UK. 

 

 

[JFH 12,190]

And since both involve alcohol you could have an issue with medical ineligibility also. Repeatedly being so drunk that you lose control of yourself is very much frowned upon by immigration. 

[JFH 12,190]

And how did an emergency passport cause a month’s overstay? I have lost a passport overseas and got a replacement the next day. It was a hassle sitting in the embassy all day waiting and it cost a fortune but it was all done within 24 hours. 

Edited January 27, 2019 by JFH

[Sean&Dawn19 0]

not CIMT sorry it said "serious" damage, and neither of them were serious, first one I was a 19 year old infantryman, 2nd one's not my finest hour but seriously its not a common thing, just wrong time and place.. as for the passport taking ages, the embassy in LA we had to wait about a week for a slot, I was with her at the time and her car broke when we were on route so had to rent a new car and reschedule when she got paid, and as for the flight was on a limited budget and had to get a friend back home to send the money for a flight, closest I could get with the budget I had was few weeks out

[Sean&Dawn19 0]

think its worth shelling out for decent immigration lawyer?

[mushroomspore 3,044]

8 minutes ago, Sean&Dawn19 said:

think its worth shelling out for decent immigration lawyer?

In your case, yes.

[Sean&Dawn19 0]

cheers

[JFH 12,190]

17 minutes ago, Sean&Dawn19 said:

not CIMT sorry it said "serious" damage, and neither of them were serious, first one I was a 19 year old infantryman, 2nd one's not my finest hour but seriously its not a common thing, just wrong time and place.. as for the passport taking ages, the embassy in LA we had to wait about a week for a slot, I was with her at the time and her car broke when we were on route so had to rent a new car and reschedule when she got paid, and as for the flight was on a limited budget and had to get a friend back home to send the money for a flight, closest I could get with the budget I had was few weeks out

Nice that you have an employer that was so understanding with you taking an extra month off on top of the 90 days already because you lost your passport! 

 

Serious is subjective. Serious enough for a conviction, that’s for sure. Did the army discharge you? 

 

Your best bet is a lawyer. It’ll be costly but it is what it is. 

 

A spousal visa for the UK for you soon-to-be wife is going to be a heck of a lot easier. Unless she has a similar past, of course.