Derek.G

Hi Derek

Thank you for you nice comment, all I ever try and do on here is help others less experienced than myself so that they do not fall foul of any pitfalls that they will encounter on the journey.

I am no expert, but I have studied everything we have been through since we started out journey some 2.5 years ago, we have been through the K1 route (Denied) Tried a K3 (Denied) it was changed to a CR-1 and a I-601 waiver submitted and only just recently has it been approved, so we have had quite a varied journey.

We fired our first lot of lawyers due to the lack of knowledge that they had in immigration matters, even though they called themselves Immigration Lawyers? they took our money and caused so many mistakes that it cost us time (about 1 year) and money ($2000).. We then found a better Lawyer whom has turned out OK, produced a very good I-601 Extreme Hardship Package, but ####### support and after care/customer service.

So we have had to learn everything about K1's, K3's CR-1's, IR-1's, I-601's, Extreme Hardship Waivers, Criminal Waivers etc etc.. over the last 2.5 years by finding answers on official websites, blogs, forums and of course asking our Lawyers so I think we have a good understanding of most of the spouse/fiancé visa systems now.

Anyway if we can be of any further help to you or your wife, just ask by private message or via the forum.

As for this thread, I am glad that you started it as others will have seen this and will have learnt from it, it is just a shame that some people are to easy to pick you up on small things and confuse the bigger picture of helping others, instead it turns in to a battle to see who has the most knowledge and to see who is right and who is wrong, personally I don't care about what others write, but I do have to reply when bad advice is being given that can create a major problem for the new people amongst us.

Technically I am wrong, just like anyone would be wrong if they broke the rules, lets take tax for instance.. if you stick to the official rules you must declare every bit of income including cash to the tax man and if you do not you could be imprisoned or have a large fine imposed.. but in reality both poor and rich alike bend the rules if they know they can get away with it and the tax man will not be able to find out. Well this is the same as that, I am wrong because I am stating that if a crime of some sort that you know of does not appear on your detailed police computer report "Subject Access" then why would you volunteer this information, as it could potentially make the total number of offenses enough to require you to obtain a waiver or may make you inadmissible all together.. if it not listed on your Subject Access report then it is not on the police database and can not come back to bite you later.. So you offer the USCIS all the listed crimes complete with court records and nothing more.

I hope this puts it to bed now, as I think your last post said it all.

Take care

Andrew

Thanks Andrew.

Taking in my Subject Access tomorrow and see what that has in store. I have a visit from a JP tomorrow with a recommendation letter and I also have one from a Probation officer/psychologist too.

I am more hopeful thanks to your advise than I have been in a long time.

Thanks once again

Derek

Can I just add that I started this thread and now wish I hadn't. I didn't want all this arguing, just the simple facts.

Can I publically thank Andrew for all his help both on here and behind the scenes. Sir, you are a gentleman. We have used all your advice to put ourselves in a better frame of mind for the interview.

Once again, many thanks Andrew.

Hi Derek

Now that you have listed some of the types of crimes you have committed it is a bit clearer, as petty theft is considered as Larceny in the USA as a misdemeanor and grand theft is considered as Larceny as well but as a felony.

Also can you tell us if you have visited the USA on the Visa Waiver Program since you have committed these crimes, and if so did you say YES or NO to the question regarding "Have you ever committed a crime involving moral turpitude" as this will determine what type of waiver you will require? and from what you have stated so far it looks like you will be denied the K1 visa based on just the crimes alone, but a mis-rep charge may also be added if you have been to the USA without declaring your previous criminal history.

Please read this text that we have found to explain the meaning of theft:

"theft n. the generic term for all crimes in which a person intentionally and fraudulently takes personal property of another without permission or consent and with the intent to convert it to the taker's use (including potential sale). In many states, if the value of the property taken is low (for example, less than $500) the crime is "petty theft," but it is "grand theft" for larger amounts, designated misdemeanor, or felony, respectively. Theft is synonymous with "larceny." Although robbery (taking by force), burglary (taken by entering unlawfully), and embezzlement (stealing from an employer) are all commonly thought of as theft, they are distinguished by the means and methods used, and are separately designated as those types of crimes in criminal charges and statutory punishments."

I would also recommend reading the following document produced for USCIS staff to determine grounds of inadmissibility: http://www.state.gov/documents/organization/86942.pdf

Here are a couple of relevant passages:

"9 FAM 40.21(a) N2.2 Defining “Moral Turpitude”

(CT:VISA-753; 06-29-2005)

Statutory definitions of crimes in the United States consist of various

elements, which must be met before a conviction can be supported. Some

of these elements have been determined in judicial or administrative

decisions to involve moral turpitude. A conviction for a statutory offense will

involve moral turpitude if one or more of the elements of that offense have

been determined to involve moral turpitude. The most common elements

involving moral turpitude are:

(1) Fraud;

(2) Larceny;

(3) Intent to harm persons or thing."

and

"9 FAM 40.21(a) N2.3-1 Crimes Committed Against Property

(CT:VISA-1318; 09-24-2009)

a. Most crimes committed against property that involve moral turpitude

include the element of fraud. The act of fraud involves moral turpitude

whether it is aimed against individuals or government. Fraud generally

involves:

(1) Making false representation;

(2) Knowledge of such false representation by the perpetrator;

(3) Reliance on the false representation by the person defrauded;

(4) An intent to defraud; and

(5) The actual act of committing fraud

b. Other crimes committed against property involving moral turpitude

involve an inherently evil intent, such as the act of arson. The following

list comprises crimes frequently committed against property, which may

be held to involve moral turpitude for the purposes of visa issuance:

(1) Arson;

(2) Blackmail;

(3) Burglary;

(4) Embezzlement;

(5) Extortion;

(6) False pretenses;

(7) Forgery;

(8) Fraud;

(9) Larceny (grand or petty);

(10) Malicious destruction of property;

(11) Receiving stolen goods (with guilty knowledge);"

We are here to try and help you, so the more you tell us the more we can help point you in the right direction, however you must also be truthful otherwise you will get incorrect information and waste your time as well as ours.

Good luck

Andrew

Hi Andrew,

Yes, all my offences come under the larceny umbrella, and also I am guilty of the mis-rep with visa waiver. All the crimes on that part suggested it was derious crime only.

Thanks for all your help

Derek

We can't know for certain if an I-601 is required unless we know what the offenses were. If none of the offenses were 'crimes of moral turpitude', and none of the offenses are covered by specific sections of INA 212(a)(2) (drug trafficking, prostitution, human trafficking, etc.), then an I-601 is probably not required.

Derek, to begin with, you need to give us a bullet list of the offenses you were convicted of.

Offences were for petty theft. I have around nine charges for this and one case of drink driving going back many years. My life was in tatters at that time and I am not the person I was then. I would hate for things to be held up because of a reckless past.

We are now waiting for our NOA 2 and all the fun that brings when everything goes to London.

My problem is with my past and whether it will catch up with me.

I was arrested for various offences that were petty and only involved fines and community service, the last offence being over ten years ago.

Will I have to go for a pre-interview to discuss this, or do I discuss this at the main interview in London?