K1 Visa - Beneficiary Criminal Record

[Sean B 0]

Hi guys, need a bit of help... My partner (31 old / beneficiary) has a criminal conviction on file. I am the (33 / petitioner) and looking to find out what is the best solution for below. 

 

She is from United Kingdom. The convictions are from 8 years prior. 

 

- Battery (suspended imprisonment 26 weeks, suspended sentence 24 months, 3 year restraining order, rehabilitation course, probation, fine & community service) This was count 1 

- Criminal damage £5000 or less offence against criminal damage act 1971 (fine & compensation) count 2

 

Has been found guilty of above and nothing shows up on enhanced DBS. The (SAR) subject access request shows all arrests and no further actions (NFA). 

 

All fines have been paid (have proof) all hours of community service have been done and all probation visits also.

 

Wanted to know what complications we may get further down the line, we have applied for a K1 visa. No lawyer at the moment but are in the works of getting one for this case. Wanted to know what is the probability of being denied, would the above count as multiple turpitude? Would a waiver need to be done. 

Need help as I am worried we have applied for a K1 and a CR1 may of been better due to denial purposes and being able to appeal. I know a ACRO is needed closer to consulate interview in the embassy with SAR and she is willing to show everything and not hide a thing. It was a long time ago. 

 

Thank you in advance, any forums will be helpful. Immigration lawyers you think that may be the best, or personal experience. 

[Boiler 47,487]

Whether a waiver will be needed will be determined by the Consulate at the time of the interview.

 

I am inclined to think a waiver will not be required however the devil will be in the details.

[Sean B 0]

2 minutes ago, Boiler said:

Whether a waiver will be needed will be determined by the Consulate at the time of the interview.

 

I am inclined to think a waiver will not be required however the devil will be in the details.

Thank you for your response. Just a question on why you are inclined to think 'may not need a waiver' is this due to multiple turpitude? 

[appleblossom 4,436]

3 hours ago, Sean B said:

Thank you for your response. Just a question on why you are inclined to think 'may not need a waiver' is this due to multiple turpitude? 

 

Has your fiancée visited the US previously - if so did she require a waiver then?

 

Also, worth noting that it's the ACRO police cert that will be required, in addition to the SAR. 

[smilingstone 608]

9 hours ago, Sean B said:

It was a long time ago.

 

8 years isn't a long time ago in this context. I've seen people denied for less, after longer.