NSMS0809

28 minutes ago, SusieQQQ said:

So now you know that UK solicitors don’t know anything about US immigration law. US law requires arrest and convictions to be declared even if expunged, vacated etc. bear this in mind if he ever decides to immigrate and the question comes up again on those forms. “Have you ever….” Means exactly that, regardless what happened after the event being asked about.
 

 

Yup he knows that now. We are confident now in our understanding of how to navigate the visa process moving forward which is another positive to come out of this in addition to the visa itself! 🙂

On 7/11/2022 at 2:20 PM, SusieQQQ said:

Yes, sometimes they issue for less than the maximum.  Honestly, given his history you’re lucky he got one /he’s lucky he could apply for a waiver. If he consistently meets the conditions of the B they will likely issue him a ten year at some stage, but be prepared for at least one or two more one-year visas first. Also now that you know the situation he can ask the CO at the next interview what the likely path to getting a ten year visa will be.

Good idea! 

On 7/11/2022 at 1:00 PM, Crazy Cat said:

Normal for criminal history and an overstay.  I would advise him to avoid overstaying at all costs......His B-2 will be immediately voided and approval for a new one will be less likely. The US does not like overstays.

Oh there will be NO overstaying. Haha he knows that will absolutely end his chances and the fact that my family and friends are there it would shatter me. So yes we will do normal 2-3 week trips. 

On 7/11/2022 at 12:50 PM, jan22 said:

If the waiver was required because of what's in hIs criminal record, a one-year B1/B2 is normal, especially for the first waiver.  After a few years and several visas which are properly used, a longer-term vIsa may eventually be issued -- that's up to DHS. 

 

Yes, you will need to file for a waiver with each visa application.  Technically, there is no renewal of a visa -- you will go through the same visa application process each time.  (BTW -- if he has an ineligibility based on his criminal record, I'm surprised he ever got an approved ESTA).

Yea so it was expunged from his UK record so he thought he could say “no” to the ESTA question about criminal history. He asked his (useless) solicitor who said he could. Anyways part of the waiver covered the misrepresentation I think.
 

this is all good to know. Thanks. Do you know if he can apply For the next one before this one runs out? Just thinking it took about 3 months in total so would be nice to apply a few months before expiry so there’s not a big time gap. 

18 minutes ago, Boiler said:

B2 validity period varies.

 

They are not renewed, youj ust apply again.

 

Was it single or multi entry?

Multi entry - I see. So if he applied again in a year, would it be likely that he would get a longer validity? 

I’m also wondering if he would have to go through the waiver process every time

And do you know if he applies after it has expired or if he could do it earlier so that there isn’t a big gap of time between one expiring and receiving the other? 

Hi all,

My husband has something on his criminal record from 13 years ago and overstayed his ESTA by 18 days about 3 years ago so the IO submitted a waiver on his behalf which was granted. We have just received his passport back and the B1/B2 is only valid for 1 year? Is that correct? I thought they were valid for 10 years?

If it is correct - what is the renewal process? And will he have to do a waiver each time and only be granted a 1 year visa each time? I hope not.....

Thanks in advance.

Just back with an update. My partner went to an appointment in London in mid May and was told that they will have to submit a waiver request to DHS. He had gotten into a fight when he was 19 (now 32).  The assault charge was a crime involving moral turpitude so it had to go down waiver route. Additionally, my partner had overstayed his ESTA 3 years ago by 18 days so the officer said that it shows a pattern. My poor husband went with so much supporting documentation and the guy didn’t ask to see any of it haha not even 1 thing! Asked him a few questions but didn’t really care for details or ask specifically about ties to the UK…
 

Anyways, they said it could take 1-6 months to hear back about the waiver and they would be in touch via email. The interviewing officer said that he was optimistic given that it has been 13 years but that it could always go either way.
 

2 days ago he received an email requesting his passport be sent to them for visa issuance! Hopefully this brings some hope to others who may have similar situations. 🙂

..

17 hours ago, Kor2USA said:

Please come back and update us on the outcome.

We mostly hear about denials on VJ but hopefully your husband will get that visa. 

I absolutely will! Hopefully whatever our experience ends up being we can help bring some info back for someone else. 

Thanks all! Good to know that it’s not the docs they’re most concerned with and might not even look. 
 

He has an appointment in may. University program starts in person in July. We would hope to go before as then we’d have to work around his uni schedule. We would stay with my parents and I don’t have residence there but I do have my family and friends in the US. All other ties (home, job, etc) are in the UK.

i hear what you all are saying and I think you’re right that it’ll depend on who is interviewing him. It always feels odd in my mind that a total stranger can have such a big say in our future! Thanks for sharing and the advice. I guess it’s just fingers crossed now until the interview and then tripled crossed during!!

Hello, I am a USA citizen and my husband (UK citizen) is applying for a B2 because he previously overstayed his ESTA in 2018 by 12 days. A little confused how to Navigate supporting docs.
 

We have just finished getting my UK spouse visa which was thousands of pounds and killed our savings. But I also think that going through that process could show that he would be returning as we are on a path to settle in the UK. 

I have recently become employed in the UK but my husband has not been working since the start of January. He has been accepted to university starting at the end of the summer. Will showing my income (roughly converts to $2700 a month) with maybe $1000 savings be enough to show as being able to financially cover a 3 week visit for him? We will be making a joint account within a week and my income will be going into that account.

Also, should he take my job contract as part of showing our ties to the UK? 
 

Aside from that, tenancy agreement, university acceptance letter, my job contract - what other documents can we use to show his ties to the UK?
 

TIA

Hey there! I am in a similar situation. You can use a joint sponsor like was suggested and also you can use assets to show 5  TIMES the minimum requirement. Do a bit of research about the assets because only some kinds are accepted (those that could be made liquid within a year so stocks, bonds saving). Just another option!

On 3/5/2021 at 12:43 PM, StellaGB1 said:

Unfortunately the lawsuit is closed now, no more being added but thats because they are going to ask the judge to apply it to all K1s. This will take sometime but hopefully you don’t need to rely on that because your expedite is timely and you can be with your daughter soon. 

Thanks for the insight into what is going on with the lawsuits. Any idea of when there would be a ruling on applying this to all K-1s? 

Any guesses as to when London Embassy will resume regular visa appointments?!

I don’t have anything to offer to the OP. But I’m in the K1 process with my fiancé Who is in the UK. Is it true you can be rejected for using assets only to qualify if you have well over 300% of the poverty line?! I thought legally they have to accept it? 

7 hours ago, Diane and Chris said:

Did you disclose the information of his past criminal behavior on the application?  

We are only at the I-129F stage (about to send in) so they have only asked about MY criminal background as the USC. We will disclose on the DS260 or whatever the form is before the interview. 

What should he bring to the interview? Police certificate and SAR for sure. If both of those include the sentence from the court, do we need court records as well? 

Hmm yea, that makes sense. It's a real shame how unforgiving the US is of criminal stuff. I am not an advocate of breaking the law in any way, but I would hate it if someone held my 18-year old decisions against me now. 

I guess we will have a better idea once we get the court records if his crimes will be CIMTs or not. A bit hard to say. Online I have seen battery and assault generally are NOT CIMTs if it can be proven that there wasn't the intention to commit the crime. 

Seems like a lot of gray area but I do find comfort in the fact that most likely, the worst case should be having to do a waiver. I think?

Yes, I know the details are major. We are waiting on the SAR and court records as he doesn't remember so clearly what the courts had to say about it. We have an immigration lawyer but she does not have experience with working with criminal stuff. We hadn't asked any of the lawyers we spoke to because we didn't realize it was still on record. We will have to find someone who has specific experience with this. Just really praying that either of them are not considered CIMTs. 

If we do have to file a waiver, do we have to wait until after the interview? And what are the chances of the waiver being granted?

Thanks!

Hey all,

My fiance got into trouble with the law frequently as a teenager. We only realized recently that his expunged record is still on file for immigration purposes. Rude awakening haha...Anyways, we just received his police certificate and it shows charges from when he was 16-19 years old. The ones before he was 18 are for common assault (16 years old) and destroying or damaging property (x3 for the same incident when he was 17 years old). Then when he was 19, he had 2 incidents:

- Assault occasioning actual bodily harm (18 months probation)

- Battery (16 week imprisonment suspended and instead 2 years probation and community service)

No time served in prison. He went through a period of not the best behavior as a teen but after the last incident in August 2009, he has never had another run in with the cops, has held down good jobs, and is a marvelous human being. It has been 12 years and it is a shame to think that what he did when he was a confused teen would come back to haunt him now even though he is nothing like that kid back then. 

We are pooping ourselves but also trying to remain calm. We are working on getting the SAR and court records. We are unsure if either of these adult convictions fall into the CIMT category. Has anyone been through something similar? Any suggestions on what to do? Are we likely to be rejected? Thanks in advance. 😓

Yes, that is very true....hmmmm....

Thank you all SO much for your replies and for confirming what I suspected. I think it's a little late for us to axe the lawyer but a valuable lesson has been learned. 😵

Hey guys,

We are very close to being ready to file our I-129F (woo!). I am a US citizen and have been travelling/abroad for 2+ years so I have to use assets to meet the requirement since my remote teaching income only started a few months ago and won't show as much on my tax return. With the 1:5 ratio, I am still over the minimum with assets alone. We are working with a lawyer who wants to send in the form with the I-129F but I am nervous because it is not the strongest of financial situations, though it meets the requirements. 

Just wondering how many have sent their I-134 with the initial I-129F package and what your experience has been? I know it's not required but is there any benefit to doing it this way? Any cons?

Thanks in advance!