Doing 601 waiver without an attorney

[jakejon 1,196]

3 minutes ago, Pooley said:

That makes me feel better! I will still have everything ready just in case but I really hope they hear him out. 

Just have the faith!! They are lovely at the Embassy. I know you're worrying but take everything in your stride-you have not been denied and you won't know until interview. 

 

Honesty and integrity is everything! We all make mistakes and no one is perfect for sure. You have both been proactive, honest, declared everything. You have done everything you could have possibly done. Your preparation should hopefully pay off! 

Edited May 2, 2019 by jakejon

[Ryan H 3,791]

~~~Posts merged with existing thread.~~~

 

 

4 hours ago, Pooley said:

I'm in the process of K-1 and coming up on the medical and interview soon. I know I've asked a similar question but was just given some new information and I'm a little confused.  I'm trying to be prepared for every outcome and I know our case has a 50/50 chance of denial/approval based on my fiance's (from the UK) criminal record. He has two adult cautions and one is considered CIMT crime. I was just told if I was denied and I have to do a waiver, I would have to provide all the court documents on the charges. Problem is, there is no paper work. They are just verbal cautions so my question is, has anyone been denied on cautions before? If so, what paperwork did you provide on them? I was preparing hardship letters but was told you can't always attach them? So now I'm a little lost on what to provide them if we're denied?

 

4 hours ago, jakejon said:

Hey! 

 

I don't know much about cautions etc. But aren't they normally given by police and not courts (unless you refuse to admit cautions)? So maybe I'm ill-informed but I'm thinking the police have physical records of them?-but if i remember correctly you have a SAR don't you? 

 

I can understand how worried you may be but I'd personally attend the interview with all yours docs (obv ACRO and SAR) and just be prepared for the beneficiary to honestly answer any questions (which of course he will, I'm sure). If the cautions are an issue or anything the CO will go through applying for a waiver, whats needed etc which is what happened to the guy before my interview. She told him exactly what he needed to do. Just be aware that people have made it through with cautions on their ACRO in London!!

 

4 hours ago, Pooley said:

We have the SAR and it says the exact same thing as the ACRO. Lists the date/offense/location/outcome. When he applied to get the ARCO, he checked the box that asked if it’s for immigration and it now shows everything the SAR does. 

 

But thats the only thing they have on it. So I’m not sure how the waivers would be done for it but if they explain, that would be make it much nicer!!! Thank you!

 

22 minutes ago, jakejon said:

London Embassy is just the kindest from my own experience!  As I say, I listened as much as I could to the guy before me and he needed a waiver. She was so super kind and went through the in's and outs of that process - this was straight before my interview. 

 

Have the faith and confidence-you guys will do this no matter what direction ❤️ 

 

16 minutes ago, Pooley said:

That makes me feel better! I will still have everything ready just in case but I really hope they hear him out. 

 

12 minutes ago, jakejon said:

Just have the faith!! They are lovely at the Embassy. I know you're worrying but take everything in your stride-you have not been denied and you won't know until interview. 

 

Honesty and integrity is everything! We all make mistakes and no one is perfect for sure. You have both been proactive, honest, declared everything. You have done everything you could have possibly done. Your preparation should hopefully pay off! 

 

[fip & jim 452]

10 hours ago, Pooley said:

I'm in the process of K-1 and coming up on the medical and interview soon. I know I've asked a similar question but was just given some new information and I'm a little confused.  I'm trying to be prepared for every outcome and I know our case has a 50/50 chance of denial/approval based on my fiance's (from the UK) criminal record. He has two adult cautions and one is considered CIMT crime. I was just told if I was denied and I have to do a waiver, I would have to provide all the court documents on the charges. Problem is, there is no paper work. They are just verbal cautions so my question is, has anyone been denied on cautions before? If so, what paperwork did you provide on them? I was preparing hardship letters but was told you can't always attach them? So now I'm a little lost on what to provide them if we're denied?

 

Pooley, you do not need to worry so much at this stage. As jakejon said, take everything in your stride. You go through each step as prepared as you can be and then take it from there. I was convinced that my son's condition would cause our case to be denied or cause complications, and I spent a stupid amount of time fretting over it. This process is a marathon and requires pace and stamina. You've done everything you can so far. Your fiance goes for the interview and then you will know for sure what you are dealing with and the next steps to take.

 

Some of the aims of the caution in the UK are to record low-level criminal conduct for possible reference for future criminal proceedings, and reduce the amount of time the police spend dealing with less serious offences. The caution is used as a deterrent and also leaves a record of a pattern of behaviour should the offender continue to offend. It can also be used as evidence of bad character if a person is prosecuted for other crimes, or disclosed during a recruitment process to comply with safeguarding regulations for children and vulnerable adults. In your context, your fiance's cautions are from 2012 and 2015 and did not lead to his conviction for a crime. They are low-level offences. You need to remember that because at the moment you are thinking worst case scenario. Wait until he has his interview. If it is a problem you can then think about the waiver. They will advise of next steps to take should that be necessary. 

 

Your fiance will not have court documents because it never went to court. He was never prosecuted or convicted of a crime. You are seeing the lack of papers as a problem for a waiver, when in fact that is a good thing because it proves he was never prosecuted or convicted for a serious criminal offence. It's good to be prepared but you may be wasting your time right now by preparing for something you may not need. Yes, find out what's required for a waiver, research your options, then wait to see if you need to take further action. There are members on here that have been in similar circumstances and successfully emigrated, they can advise you IF it comes to that. 

 

Has your fiance travelled to the US with an ESTA? I was wondering if his cautions had caused an ESTA denial for him. 

 

[EnglishLove 112]

4 hours ago, fip & jim said:

 

Pooley, you do not need to worry so much at this stage. As jakejon said, take everything in your stride. You go through each step as prepared as you can be and then take it from there. I was convinced that my son's condition would cause our case to be denied or cause complications, and I spent a stupid amount of time fretting over it. This process is a marathon and requires pace and stamina. You've done everything you can so far. Your fiance goes for the interview and then you will know for sure what you are dealing with and the next steps to take.

 

Some of the aims of the caution in the UK are to record low-level criminal conduct for possible reference for future criminal proceedings, and reduce the amount of time the police spend dealing with less serious offences. The caution is used as a deterrent and also leaves a record of a pattern of behaviour should the offender continue to offend. It can also be used as evidence of bad character if a person is prosecuted for other crimes, or disclosed during a recruitment process to comply with safeguarding regulations for children and vulnerable adults. In your context, your fiance's cautions are from 2012 and 2015 and did not lead to his conviction for a crime. They are low-level offences. You need to remember that because at the moment you are thinking worst case scenario. Wait until he has his interview. If it is a problem you can then think about the waiver. They will advise of next steps to take should that be necessary. 

 

Your fiance will not have court documents because it never went to court. He was never prosecuted or convicted of a crime. You are seeing the lack of papers as a problem for a waiver, when in fact that is a good thing because it proves he was never prosecuted or convicted for a serious criminal offence. It's good to be prepared but you may be wasting your time right now by preparing for something you may not need. Yes, find out what's required for a waiver, research your options, then wait to see if you need to take further action. There are members on here that have been in similar circumstances and successfully emigrated, they can advise you IF it comes to that. 

 

Has your fiance travelled to the US with an ESTA? I was wondering if his cautions had caused an ESTA denial for him. 

 

Thank you! I know I need to chill, but we're getting so close I think my nerves are a record high right now. He did travel on ESTA. At the time, he was unsure about the cautions as he had no paperwork saying what the exact offense was or when they were since it was so many years ago and at the time and, he was applying for  job and had to get a police certificate - which I now know was a basic certificate compared to a visa one but at the time, we weren't going through the process yet and didn't know- but where it said "Police Records of Convictions, Cautions, Reprimands, and Warnings"  It says "None Recorded" so we thought we were all in the clear. Wasn't till we actually applied and started doing research and got the police certificate for the visa that shows everything that I found we shouldn't have. Expect the only question it asked for the ESTA is that if he's ever been convicted or arrested for a crime that resulted in serious harm to a person or serious damage to property, which he hasn't and then it asked about drugs which he has none. So I still don't know exactly if he qualifies for it or not lol. 

[fip & jim 452]

22 minutes ago, Pooley said:

Thank you! I know I need to chill, but we're getting so close I think my nerves are a record high right now. He did travel on ESTA. At the time, he was unsure about the cautions as he had no paperwork saying what the exact offense was or when they were since it was so many years ago and at the time and, he was applying for  job and had to get a police certificate - which I now know was a basic certificate compared to a visa one but at the time, we weren't going through the process yet and didn't know- but where it said "Police Records of Convictions, Cautions, Reprimands, and Warnings"  It says "None Recorded" so we thought we were all in the clear. Wasn't till we actually applied and started doing research and got the police certificate for the visa that shows everything that I found we shouldn't have. Expect the only question it asked for the ESTA is that if he's ever been convicted or arrested for a crime that resulted in serious harm to a person or serious damage to property, which he hasn't and then it asked about drugs which he has none. So I still don't know exactly if he qualifies for it or not lol. 

Yes, I know dear. It's a unique stress. So much at stake and seemingly riding on decisions we made years ago, before we fully understood the implications. 

 

If it becomes a problem you explain it as you have here. We are all fallible, all of us. He made those decisions from immaturity and lack of experience and didn't continue down that path. Even if the worst happens and the visa gets denied at interview you will still have the waiver to fall back on and the support of this community. One step at a time...

[jakejon 1,196]

Absolutely agree with all above. Out of curiosity are you attending the interview with your fiance?

 

You have all the docs, they may ask him about it but I'm sure he's prepared. He obviously will display and show remorse. Just try and settle your mind as best you can. Nothing has been denied as of yet.

 

Just don't let your mind go down that path as you'll go crazy! Try to be as positive as you can ❤️ 

[EnglishLove 112]

Just now, jakejon said:

Absolutely agree with all above. Out of curiosity are you attending the interview with your fiance?

 

You have all the docs, they may ask him about it but I'm sure he's prepared. He obviously will display and show remorse. Just try and settle your mind as best you can. Nothing has been denied as of yet.

 

Just don't let your mind go down that path as you'll go crazy! Try to be as positive as you can ❤️ 

I just looked at flight prices last night as I really want to attend. I was able to find flights and rooming for a week in the beginning of June for a total of $1,600. I torn between just biting the bullet and flying over or saving that for if we do need a waiver. We are still trying to get the rest of his medical summary so we can schedule the medical. But I just CEAC and our case just went to Ready! I'm so incredibility nervous right now.

[jakejon 1,196]

3 hours ago, Pooley said:

I just looked at flight prices last night as I really want to attend. I was able to find flights and rooming for a week in the beginning of June for a total of $1,600. I torn between just biting the bullet and flying over or saving that for if we do need a waiver. We are still trying to get the rest of his medical summary so we can schedule the medical. But I just CEAC and our case just went to Ready! I'm so incredibility nervous right now.

Gotcha! That is a tough one. There is no pre-requisite for petitioners to attend. Ours was September, so prob lower price. No matter what there is always facetime and I'm sure that will be great support for your fiance! Keep us updated and I wish you guys every success