PBJ

A bit of a random post here but bear with me...
I came to the US on a K1 in July and i'm living blissfully happy with my wife here in California. This website helped me the whole way through the grueling process - I certainly could not have done it without all the support and advice this brilliant resource provides. US immigration can be unbearably drawn out and I remember toiling through days and weeks on my own wondering if it was ever going to end. It's a huge mountain of confusing paperwork and documentation and reference numbers and all kinds of strict administrative processes. It can also leach plenty of hard earned money out of your pocket, with no recourse to getting it back if it all falls through. Oh and on top of that I had further stress from minor historic offenses which could've cost me everything.
Its clearly long winded, hard work, and expensive. They don't make it easy.
So now I'm reflecting on this struggle, nine months after starting it all, from the privileged position of having successfully completed much of it. I'm living with my wonderful wife, I have permission to work, social security sorted and driver license on the way, and hopefully green card delivered in the not too distant future. I came from a position of disadvantage, I fought against it, I read hard and took advice, and I came through it.
This morning I updated my timeline and it felt great to be looking at all those blue boxes with green ticks. There's still plenty to do, I know, but I feel like a hill has been climbed and that feels good.
On the rare occasions I check back here at visajourney, I feel great sympathy for all the honest, well-meaning folks who are despairing at their current K1 circumstances. Its important to stay focused, keep your convictions, be honest, take advice from people who know better and be humble with Uncle Sam's way of doing things. I just want to let those people know that time falls away, things will move for you, and I wish you all the best in your struggle to get wherever you're going.
Keep the love and nothing can separate you from the person you've chosen to be with!
Peace,
D
x

A bit of a random post here but bear with me...
I came to the US on a K1 in July and i'm living blissfully happy with my wife here in California. This website helped me the whole way through the grueling process - I certainly could not have done it without all the support and advice this brilliant resource provides. US immigration can be unbearably drawn out and I remember toiling through days and weeks on my own wondering if it was ever going to end. It's a huge mountain of confusing paperwork and documentation and reference numbers and all kinds of strict administrative processes. It can also leach plenty of hard earned money out of your pocket, with no recourse to getting it back if it all falls through. Oh and on top of that I had further stress from minor historic offenses which could've cost me everything.
Its clearly long winded, hard work, and expensive. They don't make it easy.
So now I'm reflecting on this struggle, nine months after starting it all, from the privileged position of having successfully completed much of it. I'm living with my wonderful wife, I have permission to work, social security sorted and driver license on the way, and hopefully green card delivered in the not too distant future. I came from a position of disadvantage, I fought against it, I read hard and took advice, and I came through it.
This morning I updated my timeline and it felt great to be looking at all those blue boxes with green ticks. There's still plenty to do, I know, but I feel like a hill has been climbed and that feels good.
On the rare occasions I check back here at visajourney, I feel great sympathy for all the honest, well-meaning folks who are despairing at their current K1 circumstances. Its important to stay focused, keep your convictions, be honest, take advice from people who know better and be humble with Uncle Sam's way of doing things. I just want to let those people know that time falls away, things will move for you, and I wish you all the best in your struggle to get wherever you're going.
Keep the love and nothing can separate you from the person you've chosen to be with!
Peace,
D
x

I have loved you since I saw your proposal video. Way back. You were always a sensible person who plodded along with positive determination and always seeking to learn. No whining and gritching. No sense of entitlement or attitude. One of the good guys. So glad to hear it is going well for you.
I loved that you mentioned the blue boxes. That's how I felt each time another got colored in. It was so exciting to get the first one. Now every single one of mine is blue and it feels awesome.

A bit of a random post here but bear with me...
I came to the US on a K1 in July and i'm living blissfully happy with my wife here in California. This website helped me the whole way through the grueling process - I certainly could not have done it without all the support and advice this brilliant resource provides. US immigration can be unbearably drawn out and I remember toiling through days and weeks on my own wondering if it was ever going to end. It's a huge mountain of confusing paperwork and documentation and reference numbers and all kinds of strict administrative processes. It can also leach plenty of hard earned money out of your pocket, with no recourse to getting it back if it all falls through. Oh and on top of that I had further stress from minor historic offenses which could've cost me everything.
Its clearly long winded, hard work, and expensive. They don't make it easy.
So now I'm reflecting on this struggle, nine months after starting it all, from the privileged position of having successfully completed much of it. I'm living with my wonderful wife, I have permission to work, social security sorted and driver license on the way, and hopefully green card delivered in the not too distant future. I came from a position of disadvantage, I fought against it, I read hard and took advice, and I came through it.
This morning I updated my timeline and it felt great to be looking at all those blue boxes with green ticks. There's still plenty to do, I know, but I feel like a hill has been climbed and that feels good.
On the rare occasions I check back here at visajourney, I feel great sympathy for all the honest, well-meaning folks who are despairing at their current K1 circumstances. Its important to stay focused, keep your convictions, be honest, take advice from people who know better and be humble with Uncle Sam's way of doing things. I just want to let those people know that time falls away, things will move for you, and I wish you all the best in your struggle to get wherever you're going.
Keep the love and nothing can separate you from the person you've chosen to be with!
Peace,
D
x

A bit of a random post here but bear with me...
I came to the US on a K1 in July and i'm living blissfully happy with my wife here in California. This website helped me the whole way through the grueling process - I certainly could not have done it without all the support and advice this brilliant resource provides. US immigration can be unbearably drawn out and I remember toiling through days and weeks on my own wondering if it was ever going to end. It's a huge mountain of confusing paperwork and documentation and reference numbers and all kinds of strict administrative processes. It can also leach plenty of hard earned money out of your pocket, with no recourse to getting it back if it all falls through. Oh and on top of that I had further stress from minor historic offenses which could've cost me everything.
Its clearly long winded, hard work, and expensive. They don't make it easy.
So now I'm reflecting on this struggle, nine months after starting it all, from the privileged position of having successfully completed much of it. I'm living with my wonderful wife, I have permission to work, social security sorted and driver license on the way, and hopefully green card delivered in the not too distant future. I came from a position of disadvantage, I fought against it, I read hard and took advice, and I came through it.
This morning I updated my timeline and it felt great to be looking at all those blue boxes with green ticks. There's still plenty to do, I know, but I feel like a hill has been climbed and that feels good.
On the rare occasions I check back here at visajourney, I feel great sympathy for all the honest, well-meaning folks who are despairing at their current K1 circumstances. Its important to stay focused, keep your convictions, be honest, take advice from people who know better and be humble with Uncle Sam's way of doing things. I just want to let those people know that time falls away, things will move for you, and I wish you all the best in your struggle to get wherever you're going.
Keep the love and nothing can separate you from the person you've chosen to be with!
Peace,
D
x

Hi all
Just to let you know I flew London Gatwick to Los Angeles last week via Norwegian, which is a budget carrier running a couple of new long haul routes including the one I took.
I had a one way economy class ticket for less than £600.
I opted against shipping my belongings and instead packed out three large suitcases and figured I would just suffer the excess costs. Surprisingly, the airline gives you two pieces at 20kg max complimentary, and I booked the third in advance with the airline for a total of three pieces and 60kg in total. Still, I knew I would top this and noted their price of 11EU per additional kilo.
On checking in I came to learn my bags were super heavy, each peaking 30kg (yeah yeah, I know I should've weighed them before, but hey I didn't). UK airports will not receive bags over 32kg and I was asked to break down this weight into a fourth bag.
I did this and was then horrified to learn I had run up an excess baggage fee of over £300. But guess what? The check-in desks were advertising upgrade seats for £250 with extra baggage allowance. So obviously I didn't hesitate in upgrading, I flew first class with what appeared to be unlimited baggage allowance, and landed in LA happy, rested, and feeling like a boss.
Good advice for anyone POE'ing with all their stuff: FLY NORWEGIAN!

Thank you!
Today mostly sounds like this:

Since my approval last week, and the subsequent storm of planning and scheduling and booking and general blue-a*se-flying, i've been experiencing a new kind of charm as I go about my English life. Everything I do and everywhere I go gets studied from a different angle, under a different light. What is this place I call home? What does it mean to me? Why do we persist in being so English?! A kind of nostalgia is already setting in and i'm really enjoying it.
Just yesterday I was at the lido, enjoying some sun and a casual swim with friends, and of course peacefully distracted by all the other people sharing this space for the afternoon. Its June and a barmy 22 degrees outside, so the place was very busy. So there we are, the British, all half naked and lying on towel-draped concrete and sizzling our bellies in the sun whilst licking Cornish ice cream before sploshing into the outdoor pool and apologising for barely colliding feet or hands with the dainty breast stroke swimmers going back and forth in orderly rows. There was a gentle hum of chatter as yummy mummies with toddlers swapped yoga tips, freelance creatives waffled about next weeks' shoot, and old guard gents moaned about it being too hot whilst constantly fidgeting with their tight speedos. And still, in between the variety of people there seemed to be a common bond. Everyone seemed to be shouting, 'the sun is out, and we're going to bloody well enjoy it!'
It was quaint, it was quirky, and a thoroughly English afternoon.
I am soon due to swap the lido pool for swimming in the Pacific Ocean in a town where 22 degrees is probably considered 'chilly', and this is admittedly something of an upgrade, but its not really the point.
Being English, or British as we're inclined to be known over there, beholds an identity complete with a set of peculiar traits and quirky virtues that I will always cherish and uphold. If for no other reason than i'm, well, English (British, whatever). Our offbeat charm and dry humour is world famous, whereas our politeness and our apologising and our moaning and, yes, our piss-taking, are all things we're proud of too.
Keep your Cadbury's and your Jaffas and your teabags. This is what I will really miss.

12 years ago, when I was 19 years old, I had two interactions with police, both within a few months of each other and both for what were seen as petty offences as they were disposed of by caution. Under UK law, a caution is a formal warning received following arrest and given on admittance of a crime (and hence constitutes an official confession). It is not a criminal conviction since no judge or court is involved, but you can be charged if you don't agree/admit to the offence, and it can be used as evidence of bad character if arrested for further offences.
It is important to know there is no equivalent of a UK police caution under US criminal law, and so emerges a grey area with regards to US immigration. Earlier this year, the London embassy began refusing some visas to individuals based on arrests disposed of through police caution since this was seen to represent an official confession of a crime. This notion of confession and its validity is significant. See the following section of the Foreign Affairs Manual for official guidance given to Consular Officers when basing ineligibility upon said confessions. There is also excellent further reading by immigration lawyer Steven D Heller explaining this change in guidance much better than I can.
Back to my circumstances then: my first police caution for theft would be deemed exceptionable under the petty offence ruling, where only one crime has been committed and the maximum penalty does not exceed 1 years' imprisonment or a sentence of six months' confinement. So far so good.
My second caution for possession of a controlled substance proved more significant and is indicative of the USA's hard line on drug offences. If found to be inadmissible courtesy of a controlled substance violation, there is no waiver available for immigrant visas (other non-immigrant visas may still be available) unless possession was for 30 grams or less of cannabis only, and the penalty can be a lifetime ban. This is where I got very scared!
The finding of inadmissibility due to a caution is done on a case-by-case basis and is only reached if there is evidence that the criteria established in US law were satisfied. That is to say, in lieu of a conviction, is there proof a crime has been committed, or is the crime being confessed to?
In my interview, following the standard questions about my fiancé and marriage, I was asked to briefly explain the events leading to arrests. Here, the notion of confession is again significant, and presents an opportunity to undermine the prior admittance at the time of the caution (ie. give reasonable doubt against the offence).
For those with concerns about cautions for substance possession, consider the following:
- Do you know unequivocally what the substance was? Not all drugs are controlled substances
- Did you buy it, or were you given it? The difference may be significant
- Did you use the substance? This is not the same as possession, although difficult to argue against
- Will you admit to using drugs at any other time?
Do seek a subject access report (SAR) from the Police National Computer via ACPO, which will show brief information additional to the police certificate. A further SAR can be filed with the relevant local police force, requesting the original arrest report and substance lab report together with any further disposal history. If significant time has passed since the offence, and there has been no prior arrests, it may be that such further paper files may not even exist anymore (some records are disposed of after 7 years). In this situation, your testimony is compelling.
Also consider the nature of your original confession. Was it given freely and under oath? The admission must specify factual elements of the crime, with an explanation of the crime given beforehand. It may be that in determining a weak conviction via the Crown Prosecution Service, police officers coerce a confession in order to dispose of quickly via a caution. For most first time/low risk offenders who are cooperative and remorseful, this is an acceptable outcome preferable to being charged and facing court, but doesn't necessarily represent the only outcome. Indeed, the disposal could possibly be greatly improved if handled by legal representation.
There may be further mitigating factors such as age at the time of offences, time passed since offences, demonstration of remorse, good character etc, but none of these factors are exceptionable in isolation. The CO is well trained to assess the quality of admissions given during interview and is more likely to stick to the facts of the matter supported by evidence.
* * *
Subsequent to my cautions I have travelled to the US a total of five separate occasions as a tourist under the VWP. This means that in completing ESTA, I had incorrectly answered the question regarding arrests for CIMT and controlled substances. This may constitute misrepresentation and I was prepared to face this during my interview. To my surprise, I did not face a single question regarding misrepresentation, undermining the commonplace idea that London is very tough on this matter. It is clear many people have had to face this one and so, again in the interests of paying it forward, here follows my prep notes.
A charge of misrepresentation is qualified by four key points: [1] misrepresentation has been made, [2] that it was wilfully made, [3] that it was material, and [4] that fraud was used to receive immigration benefit. The CO must believe all four requirements exist in order for inadmissibility apply.
Material is defined better as a new question: would your admission have been affected if the facts had been known? If the facts could not be used against you, it is not material.
Also, a charge of misrep is compounded by multiple visits, as this demonstrates multiple opportunities to answer the same question via ESTA.
If found inadmissible for misrepresentation, there are no waivers available for immigrant visas.
London is known to take a broad approach to misrep, specifically the wilful aspect, where it may be presumed that "you knew". Recently however, the Administrative Appeals Office effectively told London to stop finding misrep as a matter of course and to actually look at whether the person intended to misrep.
My interactions with police officers were casual and even friendly, but this did mislead me into presuming I hadn't actually been arrested in the first place (no handcuffs, don't recall being read my rights, not detained in a cell etc). And so, when completing ESTA, it was a genuine and wilful answer that I had not been arrested for a controlled substance violation. This is my testimony and hence misrepresentation cannot be reached. Since then, and in commencing the K1 process, I have come to learn so much more about the nature of my police record and the implication of my arrests. I understand I am no longer eligible for VWP and as a tourist would always need to seek the appropriate visa.
* * *
I've presented a lot of information here, demonstrating the hundreds of hours spent preparing for my interview, consisting of reading and rereading the law, chats with various attorneys, reflecting on my past misdemeanours, and plenty of anguished reflection on the whole mess. I was always hoping for the best, but primed for the worst; I really did expect a denial. I was thoroughly consumed by the drama of it all. I had imagined a thorough grilling by the CO, suspicious glares from sturdy fellows carrying guns with important-looking lapels draped over their shoulders, maybe even a private room with a glass mirror where they take all the naughty people for intense psychological inspection and all because you'd been a fool one time in your life. I imagined it all.
I got none of it.
Beyond the regular, well documented questions about meeting my fiancé and getting married I faced little more than a few simple additional questions, which were then promptly proceeded by an approval. No fuss, no bother, no conferring with seniors. He was calm and polite as he gave me the good news. By reply I was of course overwhelmed with delight. I nearly fell over. I was full of smiling, fawning displays of excessive gratitude as I stepped away from the booth, stumbling over my own astonishment as I obliged my way out of the embassy. I will never know if my accompanying surprise was blatant to him. I cut just short of quizzing the CO further, certain for a moment that he had in fact made a terrible mistake in omitting that glaring charge of misrep.
And so it goes. On this day, I won, and I am truly grateful. God Bless America! I shall not waste this opportunity, and I'm beyond excited now that I can start preparing for my new life with my beautiful girl in crazy California.
If you're in a similar situation, here's a synopsis of my advice: stay calm, don't stress, be diligent, learn the facts and avoid conjecture, and go see a lawyer. Oh and don't let it consume you. I prepared so hard for this, and its impossible to say if I was better for it, but in any case i'm glad I did it all.
Peace everyone.
x

I did promise a conclusion to my situation, if only for the permanent record and to sate any of your curiosities, so here goes.
Quick review of me: I am a UK citizen and K1 beneficiary via London. I have two arrests from 12 years ago resulting in UK police cautions - including one for controlled substance possession - and I was also potentially liable for misrepresentation due to travelling to the States on multiple occasions under the visa waiver programme. I have now completed interview stage and was approved, despite the above concerns, hence I feel there's plenty about my situation that may prove useful to others experiencing similar circumstances.
Firstly, its worth knowing that I, like many others in this complex and drawn-out visa process, spent hours/days/weeks trawling websites and forums, sponging up information and advice in a desperate attempt to answer one fundamental question: will my historic arrests, cautions and possible misrepresentation render me inadmissible to the United States and hence destroy my immediate dreams of happiness and new life with my fiancé? The answer is of course no, as is demonstrated by my approval.
In gleaming so much from the internet, and feeling painfully discouraged by much of it, I had inadvertently created a whole new mindset of stress, a maelstrom of self-serving worry and doubt and frustration that proved emotionally damaging as much as it was pointless. As I trawled through info pages, lawyer blogs, forums and random commentary, it was clear that finding accurate and enlightening material amongst all the speculation and opinion was as tasking as getting the visa in the first place. The internet is a truly powerful resource, and whilst brilliantly democratic in its constituent parts, it is also prone to misdirection for any researcher. The point being: do not believe everything you read! Stick to the facts presented by official organisations, learn the wisdom from legal professionals, and go light on the opinion and conjecture and sheer guessing which makes up the rest of the noise! Its not that this stuff is inherently wrong, just that it'll create a swirling noise in your mind making it difficult to see the wood for the trees. You have to be able to deduce the facts, whilst trying to keep your judgement from your emotion. In these matters, worry is not your friend, but totally understandable.
What i'm about to present here is the facts as I see them regarding police cautions, together with some anecdotal evidence based on my experience of completing this process. I did seek legal counsel prior to my interview, and whilst some of this guidance is included, you should not interpret this as legal advice. There is no replacement for talking to a real and experienced lawyer on these matters.

Atari- I'll say it again- he uses ganja for religious reasons. He was born and raised a Rastafarian. He is tremendously disciplined (works nearly 12 hour days, 7 days a week,) a business owner, and a respected member of his community. Please withhold judgement about the quality of his moral character. This is the man I love, you hear?

Oh and if you're interested, this is what the visa looks like in your passport...
*NB much of my identifying info has been removed so that I could be happy sharing.

Since my approval last week, and the subsequent storm of planning and scheduling and booking and general blue-a*se-flying, i've been experiencing a new kind of charm as I go about my English life. Everything I do and everywhere I go gets studied from a different angle, under a different light. What is this place I call home? What does it mean to me? Why do we persist in being so English?! A kind of nostalgia is already setting in and i'm really enjoying it.
Just yesterday I was at the lido, enjoying some sun and a casual swim with friends, and of course peacefully distracted by all the other people sharing this space for the afternoon. Its June and a barmy 22 degrees outside, so the place was very busy. So there we are, the British, all half naked and lying on towel-draped concrete and sizzling our bellies in the sun whilst licking Cornish ice cream before sploshing into the outdoor pool and apologising for barely colliding feet or hands with the dainty breast stroke swimmers going back and forth in orderly rows. There was a gentle hum of chatter as yummy mummies with toddlers swapped yoga tips, freelance creatives waffled about next weeks' shoot, and old guard gents moaned about it being too hot whilst constantly fidgeting with their tight speedos. And still, in between the variety of people there seemed to be a common bond. Everyone seemed to be shouting, 'the sun is out, and we're going to bloody well enjoy it!'
It was quaint, it was quirky, and a thoroughly English afternoon.
I am soon due to swap the lido pool for swimming in the Pacific Ocean in a town where 22 degrees is probably considered 'chilly', and this is admittedly something of an upgrade, but its not really the point.
Being English, or British as we're inclined to be known over there, beholds an identity complete with a set of peculiar traits and quirky virtues that I will always cherish and uphold. If for no other reason than i'm, well, English (British, whatever). Our offbeat charm and dry humour is world famous, whereas our politeness and our apologising and our moaning and, yes, our piss-taking, are all things we're proud of too.
Keep your Cadbury's and your Jaffas and your teabags. This is what I will really miss.

Every day will bring fresh opportunities.

Since my approval last week, and the subsequent storm of planning and scheduling and booking and general blue-a*se-flying, i've been experiencing a new kind of charm as I go about my English life. Everything I do and everywhere I go gets studied from a different angle, under a different light. What is this place I call home? What does it mean to me? Why do we persist in being so English?! A kind of nostalgia is already setting in and i'm really enjoying it.
Just yesterday I was at the lido, enjoying some sun and a casual swim with friends, and of course peacefully distracted by all the other people sharing this space for the afternoon. Its June and a barmy 22 degrees outside, so the place was very busy. So there we are, the British, all half naked and lying on towel-draped concrete and sizzling our bellies in the sun whilst licking Cornish ice cream before sploshing into the outdoor pool and apologising for barely colliding feet or hands with the dainty breast stroke swimmers going back and forth in orderly rows. There was a gentle hum of chatter as yummy mummies with toddlers swapped yoga tips, freelance creatives waffled about next weeks' shoot, and old guard gents moaned about it being too hot whilst constantly fidgeting with their tight speedos. And still, in between the variety of people there seemed to be a common bond. Everyone seemed to be shouting, 'the sun is out, and we're going to bloody well enjoy it!'
It was quaint, it was quirky, and a thoroughly English afternoon.
I am soon due to swap the lido pool for swimming in the Pacific Ocean in a town where 22 degrees is probably considered 'chilly', and this is admittedly something of an upgrade, but its not really the point.
Being English, or British as we're inclined to be known over there, beholds an identity complete with a set of peculiar traits and quirky virtues that I will always cherish and uphold. If for no other reason than i'm, well, English (British, whatever). Our offbeat charm and dry humour is world famous, whereas our politeness and our apologising and our moaning and, yes, our piss-taking, are all things we're proud of too.
Keep your Cadbury's and your Jaffas and your teabags. This is what I will really miss.

I did promise a conclusion to my situation, if only for the permanent record and to sate any of your curiosities, so here goes.
Quick review of me: I am a UK citizen and K1 beneficiary via London. I have two arrests from 12 years ago resulting in UK police cautions - including one for controlled substance possession - and I was also potentially liable for misrepresentation due to travelling to the States on multiple occasions under the visa waiver programme. I have now completed interview stage and was approved, despite the above concerns, hence I feel there's plenty about my situation that may prove useful to others experiencing similar circumstances.
Firstly, its worth knowing that I, like many others in this complex and drawn-out visa process, spent hours/days/weeks trawling websites and forums, sponging up information and advice in a desperate attempt to answer one fundamental question: will my historic arrests, cautions and possible misrepresentation render me inadmissible to the United States and hence destroy my immediate dreams of happiness and new life with my fiancé? The answer is of course no, as is demonstrated by my approval.
In gleaming so much from the internet, and feeling painfully discouraged by much of it, I had inadvertently created a whole new mindset of stress, a maelstrom of self-serving worry and doubt and frustration that proved emotionally damaging as much as it was pointless. As I trawled through info pages, lawyer blogs, forums and random commentary, it was clear that finding accurate and enlightening material amongst all the speculation and opinion was as tasking as getting the visa in the first place. The internet is a truly powerful resource, and whilst brilliantly democratic in its constituent parts, it is also prone to misdirection for any researcher. The point being: do not believe everything you read! Stick to the facts presented by official organisations, learn the wisdom from legal professionals, and go light on the opinion and conjecture and sheer guessing which makes up the rest of the noise! Its not that this stuff is inherently wrong, just that it'll create a swirling noise in your mind making it difficult to see the wood for the trees. You have to be able to deduce the facts, whilst trying to keep your judgement from your emotion. In these matters, worry is not your friend, but totally understandable.
What i'm about to present here is the facts as I see them regarding police cautions, together with some anecdotal evidence based on my experience of completing this process. I did seek legal counsel prior to my interview, and whilst some of this guidance is included, you should not interpret this as legal advice. There is no replacement for talking to a real and experienced lawyer on these matters.

12 years ago, when I was 19 years old, I had two interactions with police, both within a few months of each other and both for what were seen as petty offences as they were disposed of by caution. Under UK law, a caution is a formal warning received following arrest and given on admittance of a crime (and hence constitutes an official confession). It is not a criminal conviction since no judge or court is involved, but you can be charged if you don't agree/admit to the offence, and it can be used as evidence of bad character if arrested for further offences.
It is important to know there is no equivalent of a UK police caution under US criminal law, and so emerges a grey area with regards to US immigration. Earlier this year, the London embassy began refusing some visas to individuals based on arrests disposed of through police caution since this was seen to represent an official confession of a crime. This notion of confession and its validity is significant. See the following section of the Foreign Affairs Manual for official guidance given to Consular Officers when basing ineligibility upon said confessions. There is also excellent further reading by immigration lawyer Steven D Heller explaining this change in guidance much better than I can.
Back to my circumstances then: my first police caution for theft would be deemed exceptionable under the petty offence ruling, where only one crime has been committed and the maximum penalty does not exceed 1 years' imprisonment or a sentence of six months' confinement. So far so good.
My second caution for possession of a controlled substance proved more significant and is indicative of the USA's hard line on drug offences. If found to be inadmissible courtesy of a controlled substance violation, there is no waiver available for immigrant visas (other non-immigrant visas may still be available) unless possession was for 30 grams or less of cannabis only, and the penalty can be a lifetime ban. This is where I got very scared!
The finding of inadmissibility due to a caution is done on a case-by-case basis and is only reached if there is evidence that the criteria established in US law were satisfied. That is to say, in lieu of a conviction, is there proof a crime has been committed, or is the crime being confessed to?
In my interview, following the standard questions about my fiancé and marriage, I was asked to briefly explain the events leading to arrests. Here, the notion of confession is again significant, and presents an opportunity to undermine the prior admittance at the time of the caution (ie. give reasonable doubt against the offence).
For those with concerns about cautions for substance possession, consider the following:
- Do you know unequivocally what the substance was? Not all drugs are controlled substances
- Did you buy it, or were you given it? The difference may be significant
- Did you use the substance? This is not the same as possession, although difficult to argue against
- Will you admit to using drugs at any other time?
Do seek a subject access report (SAR) from the Police National Computer via ACPO, which will show brief information additional to the police certificate. A further SAR can be filed with the relevant local police force, requesting the original arrest report and substance lab report together with any further disposal history. If significant time has passed since the offence, and there has been no prior arrests, it may be that such further paper files may not even exist anymore (some records are disposed of after 7 years). In this situation, your testimony is compelling.
Also consider the nature of your original confession. Was it given freely and under oath? The admission must specify factual elements of the crime, with an explanation of the crime given beforehand. It may be that in determining a weak conviction via the Crown Prosecution Service, police officers coerce a confession in order to dispose of quickly via a caution. For most first time/low risk offenders who are cooperative and remorseful, this is an acceptable outcome preferable to being charged and facing court, but doesn't necessarily represent the only outcome. Indeed, the disposal could possibly be greatly improved if handled by legal representation.
There may be further mitigating factors such as age at the time of offences, time passed since offences, demonstration of remorse, good character etc, but none of these factors are exceptionable in isolation. The CO is well trained to assess the quality of admissions given during interview and is more likely to stick to the facts of the matter supported by evidence.
* * *
Subsequent to my cautions I have travelled to the US a total of five separate occasions as a tourist under the VWP. This means that in completing ESTA, I had incorrectly answered the question regarding arrests for CIMT and controlled substances. This may constitute misrepresentation and I was prepared to face this during my interview. To my surprise, I did not face a single question regarding misrepresentation, undermining the commonplace idea that London is very tough on this matter. It is clear many people have had to face this one and so, again in the interests of paying it forward, here follows my prep notes.
A charge of misrepresentation is qualified by four key points: [1] misrepresentation has been made, [2] that it was wilfully made, [3] that it was material, and [4] that fraud was used to receive immigration benefit. The CO must believe all four requirements exist in order for inadmissibility apply.
Material is defined better as a new question: would your admission have been affected if the facts had been known? If the facts could not be used against you, it is not material.
Also, a charge of misrep is compounded by multiple visits, as this demonstrates multiple opportunities to answer the same question via ESTA.
If found inadmissible for misrepresentation, there are no waivers available for immigrant visas.
London is known to take a broad approach to misrep, specifically the wilful aspect, where it may be presumed that "you knew". Recently however, the Administrative Appeals Office effectively told London to stop finding misrep as a matter of course and to actually look at whether the person intended to misrep.
My interactions with police officers were casual and even friendly, but this did mislead me into presuming I hadn't actually been arrested in the first place (no handcuffs, don't recall being read my rights, not detained in a cell etc). And so, when completing ESTA, it was a genuine and wilful answer that I had not been arrested for a controlled substance violation. This is my testimony and hence misrepresentation cannot be reached. Since then, and in commencing the K1 process, I have come to learn so much more about the nature of my police record and the implication of my arrests. I understand I am no longer eligible for VWP and as a tourist would always need to seek the appropriate visa.
* * *
I've presented a lot of information here, demonstrating the hundreds of hours spent preparing for my interview, consisting of reading and rereading the law, chats with various attorneys, reflecting on my past misdemeanours, and plenty of anguished reflection on the whole mess. I was always hoping for the best, but primed for the worst; I really did expect a denial. I was thoroughly consumed by the drama of it all. I had imagined a thorough grilling by the CO, suspicious glares from sturdy fellows carrying guns with important-looking lapels draped over their shoulders, maybe even a private room with a glass mirror where they take all the naughty people for intense psychological inspection and all because you'd been a fool one time in your life. I imagined it all.
I got none of it.
Beyond the regular, well documented questions about meeting my fiancé and getting married I faced little more than a few simple additional questions, which were then promptly proceeded by an approval. No fuss, no bother, no conferring with seniors. He was calm and polite as he gave me the good news. By reply I was of course overwhelmed with delight. I nearly fell over. I was full of smiling, fawning displays of excessive gratitude as I stepped away from the booth, stumbling over my own astonishment as I obliged my way out of the embassy. I will never know if my accompanying surprise was blatant to him. I cut just short of quizzing the CO further, certain for a moment that he had in fact made a terrible mistake in omitting that glaring charge of misrep.
And so it goes. On this day, I won, and I am truly grateful. God Bless America! I shall not waste this opportunity, and I'm beyond excited now that I can start preparing for my new life with my beautiful girl in crazy California.
If you're in a similar situation, here's a synopsis of my advice: stay calm, don't stress, be diligent, learn the facts and avoid conjecture, and go see a lawyer. Oh and don't let it consume you. I prepared so hard for this, and its impossible to say if I was better for it, but in any case i'm glad I did it all.
Peace everyone.
x

APPROVED! TODAY MY K1 VISA WAS APPROVED!
I can't quite believe it's finally all over. I proposed six months ago amidst the greatest feeling of happiness i'd ever experienced. What followed was mountains of paperwork, a cruel amount of cash, and finding new levels of patience that could embarrass Job.
Then came the crash when I realised two police cautions from 12 years ago may ruin the California dream, and Kelsey and I were resigned to accept a whole other life, somewhere else. It was painful, it was stressful, and I couldn't find a hero anywhere.
Turns out I didn't need one after all, and the love and support of people around me got me over the finish line. I'M GOING TO AMERICA!
Deepest gratitudes to everyone here for their advice, patience and grace. You are good people, and this is a special community. I will do my best to continue contributing to the knowledge and service so that others can fulfil their dreams of love in the USA.
Thank you everyone!
(I will post a full breakdown of my situation, including advice specific to those with cautions, at a later date. Right now I'm off down the pub!)
David
x

12 years ago, when I was 19 years old, I had two interactions with police, both within a few months of each other and both for what were seen as petty offences as they were disposed of by caution. Under UK law, a caution is a formal warning received following arrest and given on admittance of a crime (and hence constitutes an official confession). It is not a criminal conviction since no judge or court is involved, but you can be charged if you don't agree/admit to the offence, and it can be used as evidence of bad character if arrested for further offences.
It is important to know there is no equivalent of a UK police caution under US criminal law, and so emerges a grey area with regards to US immigration. Earlier this year, the London embassy began refusing some visas to individuals based on arrests disposed of through police caution since this was seen to represent an official confession of a crime. This notion of confession and its validity is significant. See the following section of the Foreign Affairs Manual for official guidance given to Consular Officers when basing ineligibility upon said confessions. There is also excellent further reading by immigration lawyer Steven D Heller explaining this change in guidance much better than I can.
Back to my circumstances then: my first police caution for theft would be deemed exceptionable under the petty offence ruling, where only one crime has been committed and the maximum penalty does not exceed 1 years' imprisonment or a sentence of six months' confinement. So far so good.
My second caution for possession of a controlled substance proved more significant and is indicative of the USA's hard line on drug offences. If found to be inadmissible courtesy of a controlled substance violation, there is no waiver available for immigrant visas (other non-immigrant visas may still be available) unless possession was for 30 grams or less of cannabis only, and the penalty can be a lifetime ban. This is where I got very scared!
The finding of inadmissibility due to a caution is done on a case-by-case basis and is only reached if there is evidence that the criteria established in US law were satisfied. That is to say, in lieu of a conviction, is there proof a crime has been committed, or is the crime being confessed to?
In my interview, following the standard questions about my fiancé and marriage, I was asked to briefly explain the events leading to arrests. Here, the notion of confession is again significant, and presents an opportunity to undermine the prior admittance at the time of the caution (ie. give reasonable doubt against the offence).
For those with concerns about cautions for substance possession, consider the following:
- Do you know unequivocally what the substance was? Not all drugs are controlled substances
- Did you buy it, or were you given it? The difference may be significant
- Did you use the substance? This is not the same as possession, although difficult to argue against
- Will you admit to using drugs at any other time?
Do seek a subject access report (SAR) from the Police National Computer via ACPO, which will show brief information additional to the police certificate. A further SAR can be filed with the relevant local police force, requesting the original arrest report and substance lab report together with any further disposal history. If significant time has passed since the offence, and there has been no prior arrests, it may be that such further paper files may not even exist anymore (some records are disposed of after 7 years). In this situation, your testimony is compelling.
Also consider the nature of your original confession. Was it given freely and under oath? The admission must specify factual elements of the crime, with an explanation of the crime given beforehand. It may be that in determining a weak conviction via the Crown Prosecution Service, police officers coerce a confession in order to dispose of quickly via a caution. For most first time/low risk offenders who are cooperative and remorseful, this is an acceptable outcome preferable to being charged and facing court, but doesn't necessarily represent the only outcome. Indeed, the disposal could possibly be greatly improved if handled by legal representation.
There may be further mitigating factors such as age at the time of offences, time passed since offences, demonstration of remorse, good character etc, but none of these factors are exceptionable in isolation. The CO is well trained to assess the quality of admissions given during interview and is more likely to stick to the facts of the matter supported by evidence.
* * *
Subsequent to my cautions I have travelled to the US a total of five separate occasions as a tourist under the VWP. This means that in completing ESTA, I had incorrectly answered the question regarding arrests for CIMT and controlled substances. This may constitute misrepresentation and I was prepared to face this during my interview. To my surprise, I did not face a single question regarding misrepresentation, undermining the commonplace idea that London is very tough on this matter. It is clear many people have had to face this one and so, again in the interests of paying it forward, here follows my prep notes.
A charge of misrepresentation is qualified by four key points: [1] misrepresentation has been made, [2] that it was wilfully made, [3] that it was material, and [4] that fraud was used to receive immigration benefit. The CO must believe all four requirements exist in order for inadmissibility apply.
Material is defined better as a new question: would your admission have been affected if the facts had been known? If the facts could not be used against you, it is not material.
Also, a charge of misrep is compounded by multiple visits, as this demonstrates multiple opportunities to answer the same question via ESTA.
If found inadmissible for misrepresentation, there are no waivers available for immigrant visas.
London is known to take a broad approach to misrep, specifically the wilful aspect, where it may be presumed that "you knew". Recently however, the Administrative Appeals Office effectively told London to stop finding misrep as a matter of course and to actually look at whether the person intended to misrep.
My interactions with police officers were casual and even friendly, but this did mislead me into presuming I hadn't actually been arrested in the first place (no handcuffs, don't recall being read my rights, not detained in a cell etc). And so, when completing ESTA, it was a genuine and wilful answer that I had not been arrested for a controlled substance violation. This is my testimony and hence misrepresentation cannot be reached. Since then, and in commencing the K1 process, I have come to learn so much more about the nature of my police record and the implication of my arrests. I understand I am no longer eligible for VWP and as a tourist would always need to seek the appropriate visa.
* * *
I've presented a lot of information here, demonstrating the hundreds of hours spent preparing for my interview, consisting of reading and rereading the law, chats with various attorneys, reflecting on my past misdemeanours, and plenty of anguished reflection on the whole mess. I was always hoping for the best, but primed for the worst; I really did expect a denial. I was thoroughly consumed by the drama of it all. I had imagined a thorough grilling by the CO, suspicious glares from sturdy fellows carrying guns with important-looking lapels draped over their shoulders, maybe even a private room with a glass mirror where they take all the naughty people for intense psychological inspection and all because you'd been a fool one time in your life. I imagined it all.
I got none of it.
Beyond the regular, well documented questions about meeting my fiancé and getting married I faced little more than a few simple additional questions, which were then promptly proceeded by an approval. No fuss, no bother, no conferring with seniors. He was calm and polite as he gave me the good news. By reply I was of course overwhelmed with delight. I nearly fell over. I was full of smiling, fawning displays of excessive gratitude as I stepped away from the booth, stumbling over my own astonishment as I obliged my way out of the embassy. I will never know if my accompanying surprise was blatant to him. I cut just short of quizzing the CO further, certain for a moment that he had in fact made a terrible mistake in omitting that glaring charge of misrep.
And so it goes. On this day, I won, and I am truly grateful. God Bless America! I shall not waste this opportunity, and I'm beyond excited now that I can start preparing for my new life with my beautiful girl in crazy California.
If you're in a similar situation, here's a synopsis of my advice: stay calm, don't stress, be diligent, learn the facts and avoid conjecture, and go see a lawyer. Oh and don't let it consume you. I prepared so hard for this, and its impossible to say if I was better for it, but in any case i'm glad I did it all.
Peace everyone.
x

APPROVED! TODAY MY K1 VISA WAS APPROVED!
I can't quite believe it's finally all over. I proposed six months ago amidst the greatest feeling of happiness i'd ever experienced. What followed was mountains of paperwork, a cruel amount of cash, and finding new levels of patience that could embarrass Job.
Then came the crash when I realised two police cautions from 12 years ago may ruin the California dream, and Kelsey and I were resigned to accept a whole other life, somewhere else. It was painful, it was stressful, and I couldn't find a hero anywhere.
Turns out I didn't need one after all, and the love and support of people around me got me over the finish line. I'M GOING TO AMERICA!
Deepest gratitudes to everyone here for their advice, patience and grace. You are good people, and this is a special community. I will do my best to continue contributing to the knowledge and service so that others can fulfil their dreams of love in the USA.
Thank you everyone!
(I will post a full breakdown of my situation, including advice specific to those with cautions, at a later date. Right now I'm off down the pub!)
David
x

APPROVED! I GOT APPROVED!
I can't quite believe it's finally all over. I proposed six months ago amidst the greatest feeling of happiness i'd ever experienced. What followed was mountains of paperwork, a cruel amount of cash, and finding new levels of patience that could embarrass Job.
Then came the crash when I realised two police cautions from 12 years ago may ruin the California dream, and Kelsey and I were resigned to accept a whole other life, somewhere else. It was painful, it was stressful, and I couldn't find a hero anywhere.
Turns out I didn't need one after all, and the love and support of people around me got me over the finish line. I'M GOING TO AMERICA!
Deepest gratitudes to everyone here for their advice, patience and grace. You are good people, and this is a special community. I will do my best to continue contributing to the knowledge and service so that others can fulfil their dreams of love in the USA.
Thank you everyone!
(I will post a full breakdown of my situation, including advice specific to those with cautions, at a later date. Right now I'm off down the pub!)
David
x

12 years ago, when I was 19 years old, I had two interactions with police, both within a few months of each other and both for what were seen as petty offences as they were disposed of by caution. Under UK law, a caution is a formal warning received following arrest and given on admittance of a crime (and hence constitutes an official confession). It is not a criminal conviction since no judge or court is involved, but you can be charged if you don't agree/admit to the offence, and it can be used as evidence of bad character if arrested for further offences.
It is important to know there is no equivalent of a UK police caution under US criminal law, and so emerges a grey area with regards to US immigration. Earlier this year, the London embassy began refusing some visas to individuals based on arrests disposed of through police caution since this was seen to represent an official confession of a crime. This notion of confession and its validity is significant. See the following section of the Foreign Affairs Manual for official guidance given to Consular Officers when basing ineligibility upon said confessions. There is also excellent further reading by immigration lawyer Steven D Heller explaining this change in guidance much better than I can.
Back to my circumstances then: my first police caution for theft would be deemed exceptionable under the petty offence ruling, where only one crime has been committed and the maximum penalty does not exceed 1 years' imprisonment or a sentence of six months' confinement. So far so good.
My second caution for possession of a controlled substance proved more significant and is indicative of the USA's hard line on drug offences. If found to be inadmissible courtesy of a controlled substance violation, there is no waiver available for immigrant visas (other non-immigrant visas may still be available) unless possession was for 30 grams or less of cannabis only, and the penalty can be a lifetime ban. This is where I got very scared!
The finding of inadmissibility due to a caution is done on a case-by-case basis and is only reached if there is evidence that the criteria established in US law were satisfied. That is to say, in lieu of a conviction, is there proof a crime has been committed, or is the crime being confessed to?
In my interview, following the standard questions about my fiancé and marriage, I was asked to briefly explain the events leading to arrests. Here, the notion of confession is again significant, and presents an opportunity to undermine the prior admittance at the time of the caution (ie. give reasonable doubt against the offence).
For those with concerns about cautions for substance possession, consider the following:
- Do you know unequivocally what the substance was? Not all drugs are controlled substances
- Did you buy it, or were you given it? The difference may be significant
- Did you use the substance? This is not the same as possession, although difficult to argue against
- Will you admit to using drugs at any other time?
Do seek a subject access report (SAR) from the Police National Computer via ACPO, which will show brief information additional to the police certificate. A further SAR can be filed with the relevant local police force, requesting the original arrest report and substance lab report together with any further disposal history. If significant time has passed since the offence, and there has been no prior arrests, it may be that such further paper files may not even exist anymore (some records are disposed of after 7 years). In this situation, your testimony is compelling.
Also consider the nature of your original confession. Was it given freely and under oath? The admission must specify factual elements of the crime, with an explanation of the crime given beforehand. It may be that in determining a weak conviction via the Crown Prosecution Service, police officers coerce a confession in order to dispose of quickly via a caution. For most first time/low risk offenders who are cooperative and remorseful, this is an acceptable outcome preferable to being charged and facing court, but doesn't necessarily represent the only outcome. Indeed, the disposal could possibly be greatly improved if handled by legal representation.
There may be further mitigating factors such as age at the time of offences, time passed since offences, demonstration of remorse, good character etc, but none of these factors are exceptionable in isolation. The CO is well trained to assess the quality of admissions given during interview and is more likely to stick to the facts of the matter supported by evidence.
* * *
Subsequent to my cautions I have travelled to the US a total of five separate occasions as a tourist under the VWP. This means that in completing ESTA, I had incorrectly answered the question regarding arrests for CIMT and controlled substances. This may constitute misrepresentation and I was prepared to face this during my interview. To my surprise, I did not face a single question regarding misrepresentation, undermining the commonplace idea that London is very tough on this matter. It is clear many people have had to face this one and so, again in the interests of paying it forward, here follows my prep notes.
A charge of misrepresentation is qualified by four key points: [1] misrepresentation has been made, [2] that it was wilfully made, [3] that it was material, and [4] that fraud was used to receive immigration benefit. The CO must believe all four requirements exist in order for inadmissibility apply.
Material is defined better as a new question: would your admission have been affected if the facts had been known? If the facts could not be used against you, it is not material.
Also, a charge of misrep is compounded by multiple visits, as this demonstrates multiple opportunities to answer the same question via ESTA.
If found inadmissible for misrepresentation, there are no waivers available for immigrant visas.
London is known to take a broad approach to misrep, specifically the wilful aspect, where it may be presumed that "you knew". Recently however, the Administrative Appeals Office effectively told London to stop finding misrep as a matter of course and to actually look at whether the person intended to misrep.
My interactions with police officers were casual and even friendly, but this did mislead me into presuming I hadn't actually been arrested in the first place (no handcuffs, don't recall being read my rights, not detained in a cell etc). And so, when completing ESTA, it was a genuine and wilful answer that I had not been arrested for a controlled substance violation. This is my testimony and hence misrepresentation cannot be reached. Since then, and in commencing the K1 process, I have come to learn so much more about the nature of my police record and the implication of my arrests. I understand I am no longer eligible for VWP and as a tourist would always need to seek the appropriate visa.
* * *
I've presented a lot of information here, demonstrating the hundreds of hours spent preparing for my interview, consisting of reading and rereading the law, chats with various attorneys, reflecting on my past misdemeanours, and plenty of anguished reflection on the whole mess. I was always hoping for the best, but primed for the worst; I really did expect a denial. I was thoroughly consumed by the drama of it all. I had imagined a thorough grilling by the CO, suspicious glares from sturdy fellows carrying guns with important-looking lapels draped over their shoulders, maybe even a private room with a glass mirror where they take all the naughty people for intense psychological inspection and all because you'd been a fool one time in your life. I imagined it all.
I got none of it.
Beyond the regular, well documented questions about meeting my fiancé and getting married I faced little more than a few simple additional questions, which were then promptly proceeded by an approval. No fuss, no bother, no conferring with seniors. He was calm and polite as he gave me the good news. By reply I was of course overwhelmed with delight. I nearly fell over. I was full of smiling, fawning displays of excessive gratitude as I stepped away from the booth, stumbling over my own astonishment as I obliged my way out of the embassy. I will never know if my accompanying surprise was blatant to him. I cut just short of quizzing the CO further, certain for a moment that he had in fact made a terrible mistake in omitting that glaring charge of misrep.
And so it goes. On this day, I won, and I am truly grateful. God Bless America! I shall not waste this opportunity, and I'm beyond excited now that I can start preparing for my new life with my beautiful girl in crazy California.
If you're in a similar situation, here's a synopsis of my advice: stay calm, don't stress, be diligent, learn the facts and avoid conjecture, and go see a lawyer. Oh and don't let it consume you. I prepared so hard for this, and its impossible to say if I was better for it, but in any case i'm glad I did it all.
Peace everyone.
x

Thank you!
Yes, the additional questions related to the controlled substance arrest. I was asked to explain the incident, whether I was detained for any length of time, I was asked if I knew what the substance was, and whether I had ever otherwise been involved with drugs.
I was very surprised that the questions were so straightforward, although perhaps they appear that way since I was prepared for much more thorough line of interrogation. There's plenty of anecdotal evidence around suggesting that this would indeed be the case.
I would like to think the CO used his skill and experience to quickly measure my character and applied a reasonable level of discretion to his swift judgement, but I can't say for sure.
Upon reflection, I think one of the smartest things I did in preparation was to keep my emotions distinguishable from my reason. I was better able to see things for what they are. Yes it was a stressful time of great uncertainty, but I concentrated on the facts. Yes I sometimes felt hard done by, like our love was being unfairly punished, but thats not the purpose of immigration rules so I had to get over it. Yes I spent a long time regretting my mistakes, chastising a younger and more foolish version of myself, but hey thats life and the hardest lessons are sometimes the best ones in the end.

12 years ago, when I was 19 years old, I had two interactions with police, both within a few months of each other and both for what were seen as petty offences as they were disposed of by caution. Under UK law, a caution is a formal warning received following arrest and given on admittance of a crime (and hence constitutes an official confession). It is not a criminal conviction since no judge or court is involved, but you can be charged if you don't agree/admit to the offence, and it can be used as evidence of bad character if arrested for further offences.
It is important to know there is no equivalent of a UK police caution under US criminal law, and so emerges a grey area with regards to US immigration. Earlier this year, the London embassy began refusing some visas to individuals based on arrests disposed of through police caution since this was seen to represent an official confession of a crime. This notion of confession and its validity is significant. See the following section of the Foreign Affairs Manual for official guidance given to Consular Officers when basing ineligibility upon said confessions. There is also excellent further reading by immigration lawyer Steven D Heller explaining this change in guidance much better than I can.
Back to my circumstances then: my first police caution for theft would be deemed exceptionable under the petty offence ruling, where only one crime has been committed and the maximum penalty does not exceed 1 years' imprisonment or a sentence of six months' confinement. So far so good.
My second caution for possession of a controlled substance proved more significant and is indicative of the USA's hard line on drug offences. If found to be inadmissible courtesy of a controlled substance violation, there is no waiver available for immigrant visas (other non-immigrant visas may still be available) unless possession was for 30 grams or less of cannabis only, and the penalty can be a lifetime ban. This is where I got very scared!
The finding of inadmissibility due to a caution is done on a case-by-case basis and is only reached if there is evidence that the criteria established in US law were satisfied. That is to say, in lieu of a conviction, is there proof a crime has been committed, or is the crime being confessed to?
In my interview, following the standard questions about my fiancé and marriage, I was asked to briefly explain the events leading to arrests. Here, the notion of confession is again significant, and presents an opportunity to undermine the prior admittance at the time of the caution (ie. give reasonable doubt against the offence).
For those with concerns about cautions for substance possession, consider the following:
- Do you know unequivocally what the substance was? Not all drugs are controlled substances
- Did you buy it, or were you given it? The difference may be significant
- Did you use the substance? This is not the same as possession, although difficult to argue against
- Will you admit to using drugs at any other time?
Do seek a subject access report (SAR) from the Police National Computer via ACPO, which will show brief information additional to the police certificate. A further SAR can be filed with the relevant local police force, requesting the original arrest report and substance lab report together with any further disposal history. If significant time has passed since the offence, and there has been no prior arrests, it may be that such further paper files may not even exist anymore (some records are disposed of after 7 years). In this situation, your testimony is compelling.
Also consider the nature of your original confession. Was it given freely and under oath? The admission must specify factual elements of the crime, with an explanation of the crime given beforehand. It may be that in determining a weak conviction via the Crown Prosecution Service, police officers coerce a confession in order to dispose of quickly via a caution. For most first time/low risk offenders who are cooperative and remorseful, this is an acceptable outcome preferable to being charged and facing court, but doesn't necessarily represent the only outcome. Indeed, the disposal could possibly be greatly improved if handled by legal representation.
There may be further mitigating factors such as age at the time of offences, time passed since offences, demonstration of remorse, good character etc, but none of these factors are exceptionable in isolation. The CO is well trained to assess the quality of admissions given during interview and is more likely to stick to the facts of the matter supported by evidence.
* * *
Subsequent to my cautions I have travelled to the US a total of five separate occasions as a tourist under the VWP. This means that in completing ESTA, I had incorrectly answered the question regarding arrests for CIMT and controlled substances. This may constitute misrepresentation and I was prepared to face this during my interview. To my surprise, I did not face a single question regarding misrepresentation, undermining the commonplace idea that London is very tough on this matter. It is clear many people have had to face this one and so, again in the interests of paying it forward, here follows my prep notes.
A charge of misrepresentation is qualified by four key points: [1] misrepresentation has been made, [2] that it was wilfully made, [3] that it was material, and [4] that fraud was used to receive immigration benefit. The CO must believe all four requirements exist in order for inadmissibility apply.
Material is defined better as a new question: would your admission have been affected if the facts had been known? If the facts could not be used against you, it is not material.
Also, a charge of misrep is compounded by multiple visits, as this demonstrates multiple opportunities to answer the same question via ESTA.
If found inadmissible for misrepresentation, there are no waivers available for immigrant visas.
London is known to take a broad approach to misrep, specifically the wilful aspect, where it may be presumed that "you knew". Recently however, the Administrative Appeals Office effectively told London to stop finding misrep as a matter of course and to actually look at whether the person intended to misrep.
My interactions with police officers were casual and even friendly, but this did mislead me into presuming I hadn't actually been arrested in the first place (no handcuffs, don't recall being read my rights, not detained in a cell etc). And so, when completing ESTA, it was a genuine and wilful answer that I had not been arrested for a controlled substance violation. This is my testimony and hence misrepresentation cannot be reached. Since then, and in commencing the K1 process, I have come to learn so much more about the nature of my police record and the implication of my arrests. I understand I am no longer eligible for VWP and as a tourist would always need to seek the appropriate visa.
* * *
I've presented a lot of information here, demonstrating the hundreds of hours spent preparing for my interview, consisting of reading and rereading the law, chats with various attorneys, reflecting on my past misdemeanours, and plenty of anguished reflection on the whole mess. I was always hoping for the best, but primed for the worst; I really did expect a denial. I was thoroughly consumed by the drama of it all. I had imagined a thorough grilling by the CO, suspicious glares from sturdy fellows carrying guns with important-looking lapels draped over their shoulders, maybe even a private room with a glass mirror where they take all the naughty people for intense psychological inspection and all because you'd been a fool one time in your life. I imagined it all.
I got none of it.
Beyond the regular, well documented questions about meeting my fiancé and getting married I faced little more than a few simple additional questions, which were then promptly proceeded by an approval. No fuss, no bother, no conferring with seniors. He was calm and polite as he gave me the good news. By reply I was of course overwhelmed with delight. I nearly fell over. I was full of smiling, fawning displays of excessive gratitude as I stepped away from the booth, stumbling over my own astonishment as I obliged my way out of the embassy. I will never know if my accompanying surprise was blatant to him. I cut just short of quizzing the CO further, certain for a moment that he had in fact made a terrible mistake in omitting that glaring charge of misrep.
And so it goes. On this day, I won, and I am truly grateful. God Bless America! I shall not waste this opportunity, and I'm beyond excited now that I can start preparing for my new life with my beautiful girl in crazy California.
If you're in a similar situation, here's a synopsis of my advice: stay calm, don't stress, be diligent, learn the facts and avoid conjecture, and go see a lawyer. Oh and don't let it consume you. I prepared so hard for this, and its impossible to say if I was better for it, but in any case i'm glad I did it all.
Peace everyone.
x

I did promise a conclusion to my situation, if only for the permanent record and to sate any of your curiosities, so here goes.
Quick review of me: I am a UK citizen and K1 beneficiary via London. I have two arrests from 12 years ago resulting in UK police cautions - including one for controlled substance possession - and I was also potentially liable for misrepresentation due to travelling to the States on multiple occasions under the visa waiver programme. I have now completed interview stage and was approved, despite the above concerns, hence I feel there's plenty about my situation that may prove useful to others experiencing similar circumstances.
Firstly, its worth knowing that I, like many others in this complex and drawn-out visa process, spent hours/days/weeks trawling websites and forums, sponging up information and advice in a desperate attempt to answer one fundamental question: will my historic arrests, cautions and possible misrepresentation render me inadmissible to the United States and hence destroy my immediate dreams of happiness and new life with my fiancé? The answer is of course no, as is demonstrated by my approval.
In gleaming so much from the internet, and feeling painfully discouraged by much of it, I had inadvertently created a whole new mindset of stress, a maelstrom of self-serving worry and doubt and frustration that proved emotionally damaging as much as it was pointless. As I trawled through info pages, lawyer blogs, forums and random commentary, it was clear that finding accurate and enlightening material amongst all the speculation and opinion was as tasking as getting the visa in the first place. The internet is a truly powerful resource, and whilst brilliantly democratic in its constituent parts, it is also prone to misdirection for any researcher. The point being: do not believe everything you read! Stick to the facts presented by official organisations, learn the wisdom from legal professionals, and go light on the opinion and conjecture and sheer guessing which makes up the rest of the noise! Its not that this stuff is inherently wrong, just that it'll create a swirling noise in your mind making it difficult to see the wood for the trees. You have to be able to deduce the facts, whilst trying to keep your judgement from your emotion. In these matters, worry is not your friend, but totally understandable.
What i'm about to present here is the facts as I see them regarding police cautions, together with some anecdotal evidence based on my experience of completing this process. I did seek legal counsel prior to my interview, and whilst some of this guidance is included, you should not interpret this as legal advice. There is no replacement for talking to a real and experienced lawyer on these matters.