Danny & Karen

14 minutes ago, Wuozopo said:

Anything that keeps you from getting a visa can also keep you from adjusting status. A

Yes people have done that. The dodgy part for you is trying to adjust status from a visa waiver entry that you fear was misrepresented. So if that's the case, you are here fraudulently. When you adjust from Visa Waiver/ESTA, you aren't eligible to appeal if you are denied.  Just go to your interview and keep your mouth shut and see if they even bring it up. ESTA is not really their bailiwick. They are in the visa business. Adjusting from a Visa is going to go much better than from Visa Waiver entry in my opinion.

Even though it would be an even bigger risk going home and attending the interview to be denied and apart from my fiancé for the duration of a waiver, if ones available for my criminal record? That’s presuming they bring up the ESTA. I read that California is part of the Ninth Circle, which means one could appeal if denied? The attorney stated that at least we would be with each other during the wait and legal to work once the authorisation comes through, as opposed to waiting for the Waiver appeal, if ones even available and being apart from each other. 

I am from the UK and currently in the US on an ESTA (expires 7th December). My K1 petition was approved and sent to the US embassy in London, where I was hoping to proceed with the interview upon my return. I have just found out that I have a criminal record (Reprimand for Battery) dating back to 2007. This isn’t the only concern, it appears that I lied on my ESTA application when asked if I have a criminal record. This is deemed as misrepresentation. I honestly forgot about the offence as it was so long ago and I was only 15. 
 

I spoke to an immigration attorney yesterday and he advised that there’s a very high chance that I was be denied a visa and would ultimately need a waiver. 

The attorney stated that I am better off abandoning the K1, getting married and adjusting status before I have to return to the UK (7th December). That way I won’t be apart from my fiancé etc.

Questions: Has anyone else been through something similar? 

Is the better route - abandoning the K1 and filing adjustment of status on ESTA? 

Can this be done without legal help? 
 

Thanks

I entered on an ESTA and was already going through the K1 process, which is at the final stages (petition approved and sent to US embassy). However, due to few issues that have recently occurred, I’m thinking about abandoning the K1, getting married and filing for Adjustment of status before my 90 days on the ESTA is up. I was also advised to do this by an immigration attorney.
Questions - Has anyone else done something similar? Would I need to advise on the adjustment that we had a K1 case which we abandoned? How can I prove that we spontaneously got married? Thanks in advance. 

On 11/9/2019 at 10:55 AM, Wuozopo said:

I can't predict what will happen at your interview, but am aware of lots (over the last 10 yrs) who had similar circumstances as you and there was no ESTA discussion. ESTA is Homeland Security while visas are the Department of State, so maybe it was just a matter of "not my job" to get into ESTA discussion. Good luck. 

Thank you for your advice. I was advised by an immigration attorney that because I said no to criminal record on ESTA application, it would be deemed as misrepresentation and there’s every chance my visa will be denied, resulting in a requirement for a Waiver. He suggested that I stay here, abandon the K1 and marry/adjust status before the 90 day period expires?  

On 11/9/2019 at 10:49 AM, JFH said:

Also wanted to add, even if you are unable to immigrate it doesn’t mean life without your fiancée. She can move to the UK if necessary. You’ll find a way. My husband (USC) has a felony conviction that means he is unable to ever enter the UK, not even to visit. Our first choice was to live in the UK but he was denied (as we deep down suspected but we had hoped for a humanitarian exception due to my epilepsy). So we went down the CR-1 route for me to move to him. It meant we spent the first two years of married life apart going through two visa processes but we survived. I wasn’t thrilled to have to live in the US but when life gives you lemons you make the best lemonade you can under the circumstances. 

Appreciate your feedback. My fiancé has a 6 year old so moving to the UK wouldn’t be possible for her, due to ties with child and father. 

Hi All,

I’m from the U.K. and my visa interview at the US Embassy in London is approaching. I received my Acro Police Certificate which stated ‘No Live Trace’ at which point I had requested a Subject Access Form. The form states I have a Reprimand for Battery back in 2007. I am almost 28 years old and this happened when I was 15, by 2 months. It doesn’t mention Battery with intent or weapons or anything like that. I am seriously concerned now as 1. I’ve been travelling back and forth to the US on an ESTA without declaring it 2. Will this be an inadmissible offence which will result in my Visa being denied? 
 

I honestly forget about the offence, otherwise I would have mentioned it. Plus I’m currently in the US visiting my fiancé (ESTA 90 days - have to return by 7th December) 

Any advice would be highly appreciated. I need to ascertain whether this is an admissible offence and would rather not go down the attorney route. I am in awe of my fiancé and cannot imagine a life without her. Long distance sucks! 
 

Thanks in advance

Danny