ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresVisiting SO during K-1 process... stories/advice please?
QUOTE (Nik+Heather @ Jul 29 2009, 06:23 PM) <{POST_SNAPBACK}>
I would also mention that even though you're coming on VWP, and will most likely be let in, just be mentally prepared for a secondary interview. Nik has been pulled in every single time, but always passed through in the end. Just having that in mind will make it easier to get through if it's not a surprise!

Nik has always wound up telling the POE officer of his relationship with me, and they let him in all three times (5 days, 88 days - traveling together this time -, 16 days).


I'm thinking of going for ten days, not long. My previous two trips back in January and March were of similar length.

Do you know what questions Nik was asked when he was pulled in for second interview, and how he answered? I am convinced that honesty is always the best way, but I don't want to provoke needless questions...

Thanks to everyone who has answered so far - it's much appreciated!
inhopeofgloryMaleUnited Kingdom2009-07-29 16:01:00
K-1 Fiance(e) Visa Process & ProceduresVisiting SO during K-1 process... stories/advice please?
Well that's good to know. :-) Any comment on the "... once the initial background check is done by the Consulate, subsequent visits to the US required an additional FBI check done by the Consulate, which resulted in a delay in the visa application process."?
inhopeofgloryMaleUnited Kingdom2009-07-28 18:15:00
K-1 Fiance(e) Visa Process & ProceduresVisiting SO during K-1 process... stories/advice please?
It's not the visiting (successfully) that I'm worried about. It's the possibility of being denied entry and that denial causing a delay on the K-1.
inhopeofgloryMaleUnited Kingdom2009-07-28 17:52:00
K-1 Fiance(e) Visa Process & ProceduresVisiting SO during K-1 process... stories/advice please?
No problem! mellow.gif I'm referring to the whole Packet 3 process - the time between London getting our approved petitions and granting us an interview. It's not a specific delay as such.
inhopeofgloryMaleUnited Kingdom2009-07-28 17:41:00
K-1 Fiance(e) Visa Process & ProceduresVisiting SO during K-1 process... stories/advice please?
By "delay at the embassy" I'm referring simply to the time it takes for London to issue an interview date, after having received one's documents (assuming you send Packet 3 promptly).

Thanks, mox. I hope that's the case. A year's a long, long time to be apart... but at the same time it's better than getting a huge delay put on the K-1.

From the FAQ: "... some newsgroupers have reported that once the initial background check is done by the Consulate, subsequent visits to the US required an additional FBI check done by the Consulate, which resulted in a delay in the visa application process."

Does anyone know any more about this? When is the "initial background check" done by the Consulate?

Edited by inhopeofglory, 28 July 2009 - 05:29 PM.

inhopeofgloryMaleUnited Kingdom2009-07-28 17:27:00
K-1 Fiance(e) Visa Process & ProceduresVisiting SO during K-1 process... stories/advice please?
My apologies for making a request that I imagine sounds all too familiar. That is why I tried to direct the question specifically to Brits and those who entered through IAH, in order to gain more specific advice/preparation for my trip.
inhopeofgloryMaleUnited Kingdom2009-07-28 17:00:00
K-1 Fiance(e) Visa Process & ProceduresVisiting SO during K-1 process... stories/advice please?
Hi,

My fiancée and I have now been in the K-1 process four long months, having applied end of March. With the current long delay at the London embassy, we're not expecting to get my visa until nearly December, which together with other considerations means that our wedding is probably going to be in March 2010, just over a year since we got engaged.. and thus a whole year since we were last together in person. I am therefore planning to visit my fiancée again, in order to break up that huge wait, but am very wary of the risk of being turned back and/or delaying or stopping our visa application.

I am keen to hear from anyone in my position - a Brit marrying an American - who has visited their SO during the K-1 process (whichever POE), as well as anyone (British or not) who, in doing so, went through IAH (Houston). What information/documents/supporting evidence did you take with you? What kind of questions were you asked, if any? I've seen on other threads that it's a good idea to take a copy of the NOA1, your return ticket, and perhaps also a letter from your current employer stating that they expect you back in your home country. Is there anything else that might be useful? What about if you already have the NOA2? Does that change things/increase or decrease the risk?

For those who went through IAH, what were the Customs people like with regard to you visiting during the K-1 process? I've heard/read that IAH Customs has a reputation for being more strict/stringent than some. What did they ask, and how did you reply?

I'd also like to hear, if there are any, stories in which things didn't go well, and someone was turned back at Customs. What are the effects of such a denial of entry on the K-1 process? Are such denials common?

Thanks for your help!

Regards, inhopeofglory


PS Note to mods: please move this thread if it's in the wrong forum/subforum.
inhopeofgloryMaleUnited Kingdom2009-07-28 16:42:00
K-1 Fiance(e) Visa Process & ProceduresAwaiting Interview Date
I agree that it's more important to get the required paperwork right... I had copies of all the forms I'd sent in and extra evidence of relationship (some new photos, phone bills, boarding passes from visits to the US) with me, and I didn't need ANY of it.

Get the paperwork right - birth certificate (long form + copy), police certificate (+ copy) the Affidavit of Support and required evidence (e.g. statement from employer, notarised tax return, pay stubs) and it should be smooth sailing if you're a straightforward case.

Of course, there's no reason not to "rather be safe than sorry" - some interviewees have been asked for extra evidence of relationship... just expect not to need it.

Edited by inhopeofglory, 01 December 2009 - 04:42 PM.

inhopeofgloryMaleUnited Kingdom2009-12-01 16:39:00
K-1 Fiance(e) Visa Process & ProceduresQuestion for a friend
HI there people, let me explain the situation..I have a friend who is a US citizen, He has met a russian woman here in the states and she is currently on a K1 fiancee visa for a millionaire in Hawaii. She has said he was a drunk and did not want to marry him as she has finally met him. So she left that guy and has now moved in with my friend..and is talking about getting a visa to stay with him! My questions are is that possible? or does it have to be re-done as a new visa for them? I find it very weird they met once and she has moved in and i could see possible red flags for the immigration. Could anyone shed some light?

Thanks
The Heub'sFemaleEngland2011-08-16 10:20:00
K-1 Fiance(e) Visa Process & Proceduresgettin things done beforehand ???

Would it be a good idea to have my fiance who is in Scotland, go ahead and get his police reports and medical examinations done? We still have not recieved out NOA2 becaue VSC is running behind, but would it be okay to have him go ahead and get those things out the way so once we are approved and he gets packet 3 he will already have those things ?? Where would he even go for his medical examination, he lives in Glasgow,Scotland. What is all the medicals exams that he would need to get? Will doctors even do that before someone is approved? How many different police reports does he need? Im clueless, I just want to get a head start but i want to make sure we do it all correctly the first time.



Hi he cannot schedule medical until NOA2 has been logged with the NVC who will then give him and LND number which stands for London who will do the interview at the Embassy which is located at Grosvenor Square, London. As soon has he has his LND number he can schedule a medical appointment with the Knightsbridge GP,who is located not far from the Embassy they are the only assigned GP to the Embassy their number is 020 7486 722, he will need a copy of his police report and also his innoculation records although these are not necessary for the medical but better to be up to date with these as he will need them for AOS and it can be costly in the US. His GP will usually do them for free he will need to be up to date with his MMR shot and also Tdap.
So basically you do have to wait until NOA2. Hope this helps and good luck.

P.S you do not have to wait until packet 3 is sent to book medical just have to have LND case number.

Edited by Sapphire1965, 29 March 2011 - 01:33 PM.

Sapphire1965FemaleUnited Kingdom2011-03-29 13:32:00
K-1 Fiance(e) Visa Process & ProceduresK-1 interview London Question!!
My interview is also tomorrow I phoned Goulds to check opening times as internet said 8.30am and the man on the phone also said they open at 8.30am. As I have previously seen on here that others have said it was open after 7ish in the morning so very conflicting info. Good luck for tomorrow xx :thumbs:
Sapphire1965FemaleUnited Kingdom2011-04-26 12:22:00
K-1 Fiance(e) Visa Process & ProceduresK1 interview this week - Question about filing date vs. engagement date
QUOTE (Marina-Del @ Sep 8 2009, 05:29 PM) <{POST_SNAPBACK}>
Well......getting engaged and proposing are two different things in the long distance relationship world as I see you know!

If they ask you when you got engaged then give the date you decided that you'd get married (which is obviously BEFORE you applied for the K-1). If he asks you when you proposed then explain that the two of you official decided to get married on XX/XX/before K-1 but that you were apart at that time so you officially proposed on XX/XX/after K-1 and in this way...blah blah blah.

Just be honest. They know that many of us don't propose in the conventional manner. But it's best to not confuse them and if they ask to just be honest. But be clear that the two of you WERE ENGAGED before the K-1 was filed as that is a requirement of the visa (remember those letters you signed way back before USCIS that said you swore to get married within 90 days of entering...if that's not an engagement then I don't know what is!).


Excellent - This is what I thought and I guess I was just looking for some reassurance as the nerves are starting to set in biggrin.gif

Thanks for the quick response,

Adam

AdamFMaleUnited Kingdom2009-09-08 11:34:00
K-1 Fiance(e) Visa Process & ProceduresK1 interview this week - Question about filing date vs. engagement date
Hi,

I have my K1 interview in London on Friday.

Given the nature of the K1 process, I'm guessing our situation isn't that uncommon. We came to a mutual decision to file the I-129F without a formal proposal happening.

After the I-129F had been filed, I made a "proper" job of proposing the next time we met face to face.

So my question is this,

If I am asked at the interview when we got engaged/I proposed, will it raise any eyebrows if this is after the I-129F filing date, given that it's meant to be a peition for a "fiance"?

Thanks in advance,

Adam
AdamFMaleUnited Kingdom2009-09-08 11:24:00
K-1 Fiance(e) Visa Process & ProceduresEnglish Beneficiaries - Need Your Help!
The "Packet 3" you receive from the London Embassy is actually just a link to this web page: http://www.usembassy...a/iv/iv_15.html (or it was about 6 months ago, anyway).

It tells you everything you'll need for the interview and how to go about getting it :-)

Regards,

Adam
AdamFMaleUnited Kingdom2009-11-20 11:56:00
K-1 Fiance(e) Visa Process & ProceduresProfesional Services K-1 Visa Question
QUOTE (chrispy @ Nov 20 2009, 01:09 AM) <{POST_SNAPBACK}>
Thank you guys I appreciate the quick feedback. I am going to put my time and effort into the process but I just want to make sure everything is 100 percent correct. So I would first download all the forms from this site and shall I fill them out online instead of hand written? After I fill out the forms, I am assuming I have to make a cover letter as it says in the guides? I was also wondering where it says passport style picture, exactly what would that be given that my fiance in the DR does not have a passport? Sorry for all the questions I am just to excited to get this process started..


This is just my personal opinion, but I used the forms directly from the USCIS web site.

That gives you the highest degree of confidence you are getting the most up-to-date version of the forms. The site also lists which versions of the forms are currently being accepted for filing.

If you download them from a 3rd party site, they could (in theory) be old and therefore no longer valid.

I would however recommend using the example forms on this site for guidance on how to answer certain questions.

Thanks,

Adam

AdamFMaleUnited Kingdom2009-11-23 09:41:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa Holder - Ability to Work
QUOTE (AdamF @ Nov 18 2009, 03:58 PM) <{POST_SNAPBACK}>
Hi all,

I hope this is relevant enough to not be considered a hijack, but:

what is the approximate timeline between filing for AOS/work authorisation and receiving the work authorisation?

Does work authorisation typically arrive before the AOS is complete?

Thanks in advance,

Adam


To answer my own question (in case anyone else stumbles across this looking for the answer), the processing times can be seen here: https://egov.uscis.g...TimesDisplay.do .

The timescale will depend on the Service Center you're using. As an example, the Vermont Service Center is currently saying 3 months to issue work authorisation.

Regards,

Adam

AdamFMaleUnited Kingdom2009-11-19 10:29:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa Holder - Ability to Work
Hi all,

I hope this is relevant enough to not be considered a hijack, but:

what is the approximate timeline between filing for AOS/work authorisation and receiving the work authorisation?

Does work authorisation typically arrive before the AOS is complete?

Thanks in advance,

Adam
AdamFMaleUnited Kingdom2009-11-18 10:58:00
K-1 Fiance(e) Visa Process & ProceduresMy story. Advice needed.

Enjoy studying the process if it makes you happy. I'm not sure how many other members will enjoy answering your questions knowing you're years from knowing whether those answers will apply to you.


If they read the original post they will understand that its in a few years. They're not obliged to answer any questions!
LemonShortbreadMaleEngland2012-09-06 13:35:00
K-1 Fiance(e) Visa Process & ProceduresMy story. Advice needed.

Lee,

You're three or four years from filing. Why not check back and study the guides at that time. Things change from time to time. With all the time the two of you have spent together, you're not really going to have problems with relationship evidence. Relax, until about a year before you plan to move to the USA and marry.



Yes, the chances are things will change. I suffer from depression and anxiety and this is giving me a mood life and something to look forward to.
I'm excited to find out information about all of this! I know it's very early, but it's such a fun experience :D
LemonShortbreadMaleEngland2012-09-05 13:38:00
K-1 Fiance(e) Visa Process & ProceduresMy story. Advice needed.

You can get your skype logs; show messages from : yesterday, last 7 days ... pick which one and then crtl C +ctrl V.

Chat logs are secondary evidences, some people send hundreds of pages, some send a few pages through out the time of their relationship, realistically that latter is the best option - the IO is NOT going to read 200 pages of chat. Just print a few, maybe one from every month you have been together or a few from the start of your relationship, a few from now and a few from the middle. These items aren't the most important in regards to the petition.

Edit: Of course, all of this would need re-evaluating in ~ 3 years time.


I see what you mean, but the thing is that when I say we skype, there are no logs. It's just microphone. I don't want to fake a conversation, but I suppose I can inform her we need to do this and we can just write once a month instead of calling...?
LemonShortbreadMaleEngland2012-09-05 12:22:00
K-1 Fiance(e) Visa Process & ProceduresMy story. Advice needed.

I don't think you get it back (could be wrong). Send copies not originals.

I can get that done easily.



In regards to something like Chat logs... How many would be appropriate, and about what? Me and my GF really lack chat logs as we Skype most of the time...
LemonShortbreadMaleEngland2012-09-04 23:30:00
K-1 Fiance(e) Visa Process & ProceduresMy story. Advice needed.

You have paper evidence in the form of a stamp in your passport. You can copy and print the pages that show when you were admitted and left :)

Yeah, I have 9 of those, and surely if I give them my ESTA numbers, they can look me up on their databases...?

Will they really not accept anything before the two years, I would have thought that would be better evidence.

When you submit evidence, do you get it back?
LemonShortbreadMaleEngland2012-09-04 10:39:00
K-1 Fiance(e) Visa Process & ProceduresMy story. Advice needed.
I'm very gracious for the replies I have had.

I'm very excited, I can't wait to start paying all this money out ;)

It will all be worth it in the end. It sounds like it will be stressing though!

At least in that time, I will have a chance to save up some money.

What are good things for proof of meeting?

I have every plane ticket, a frequent flyer card, movie ticket stubs, a ticket for a ski slope which is visible in a picture of us together (attached to coat), hundreds if not thousands of photos (plenty of different time periods too such as Christmas, Summer, and Easter), and also signed and dated letters from my parents when I travelled aged under 18 (dates will coincide with pictures and plane tickets).
LemonShortbreadMaleEngland2012-09-04 01:17:00
K-1 Fiance(e) Visa Process & ProceduresMy story. Advice needed.

Are you two going to be travelling in the meantime to see each other?


Yes. We aim for two visits a year.
LemonShortbreadMaleEngland2012-09-03 18:56:00
K-1 Fiance(e) Visa Process & ProceduresMy story. Advice needed.
Hello!

My name is Lee and I am a first time poster. I am 19 and I have a girlfriend in Virginia. I've known her since I was 11, and we have been dating for 51 months. In those 51 months I have managed to visit her in the USA 9 times. I've arrived via IAD twice, and the rest have been a combination of ATL and DTW. As I visited her for the first time when I was 15 at IAD. I got through fine. The second time, my Mother was with me to meet my girlfriend and her mother in person. That went completely fine. The remaining times, I have been asked the usual questions and I got through fine every time. Only one of those times was I taken to an interview room, but I was gone in under 5 minutes.
One thing I am always worried about is being turned away.

In 2 weeks, I am beginning a 4 year course at university. I intend to move to the USA as soon as it's over. However, there may be an opportunity for me to do a Masters degree and delay moving.
As far as I understand, the visa for me is the K-1. I have also looked at the I-129f form.
When do you think would be the best time to apply? Can I apply for it, get married there and remain in the UK until my studies are finished?
I'd love to speak with someone from the UK whom has experienced this.
I've looked stuff up about this a long time ago, and I decided today to resume it. That's when I found this forum.
I am very excited to find out more. I have already read a lot about this.
I was thinking about looking at immigration lawyers, but I'm sure I wouldn't need to get one as this seems like a very helpful place.
I could swear that I read somewhere that the age for applying is 21, but I haven't seen that this time.
I'd also like some clarity about what happens after the Marriage (regarding AOS).

I'd like to thank you if you took the time to read this!

Lee.
LemonShortbreadMaleEngland2012-09-03 17:26:00
K-1 Fiance(e) Visa Process & ProceduresNext steps etc ...

Hey Guys,

 

So we just received our NOA2 and boy it was a hard and long wait....

So I think my next step is in two weeks time I am to call NVC to organise for them to send packet and arrange a meeting with consulate in London. Is this correct?

 

Another question is... Do i just bring the same Packet that we put together for the I-129f ? and well i need a new police report? I have a new police report but its 1 month old.

 

If someone can help with what we need to do for our next steps it would be most appreciated.

 

Thanks in advance,

:)

 

 

 


rooniesketchesMaleUnited Kingdom2013-05-28 17:17:00
K-1 Fiance(e) Visa Process & ProceduresHi, im new here.
Thanks guys :)
Yeah i think we will do it ourselves then. Reading through things it seems pretty straight forward. Getting the stuff together and sending it off will be easy enough. Its going to be the waiting that will suck. The thought of being away from my fiance again is going to suck but needs must.
Thanks everyone for being so helpful. :star:
brandonsgirlFemaleUnited Kingdom2010-03-13 16:03:00
K-1 Fiance(e) Visa Process & ProceduresHi, im new here.
Kathryn41 - Thankyou so much for all the information and advice. You really helped.
My Fiance is the father to my son and we already have an appointment to get him in at the U.S embassy here in london.
My fiance is currently here in the UK with me on holiday and we want to send off the K1 ASAP... We were going to fill it out over here and post it to where it needs to go in America. Does it matter that it will be postage stamped from here? Does it have to be mailed from america?
I really just want to get the process started asap.
Thankyou again, you really helped.
brandonsgirlFemaleUnited Kingdom2010-03-13 13:10:00
K-1 Fiance(e) Visa Process & ProceduresHi, im new here.
Lol. There is a bit in the K1 where you put the children you have. I thought that was all you had to do.
Just when i think ive gotten the hang of what i need to send and what information i need to provide something else pops up lol.
I do however have an appointment this month at the U.S Embassy here in London to get our son registerd with them as he is 1/2 american. Im sure they will be able to give me some advise aswell. :)
brandonsgirlFemaleUnited Kingdom2010-03-13 12:54:00
K-1 Fiance(e) Visa Process & ProceduresHi, im new here.
Thankyou, Yeah i have been looking at the links you gave me. All very informative.
Have you done the process all yourself or have you used the help of a lawyer?
Were hoping to do it all ourself but really dont want to miss/forget anything as we know that it can delay the process if we do.
Its still the K1 that we need to apply for right? For me and our son? Or is it the k2. Im so confused about which one applies.
brandonsgirlFemaleUnited Kingdom2010-03-13 12:21:00
K-1 Fiance(e) Visa Process & ProceduresHi, im new here.
Thankyou for you reply..
We have researched and looked at so many different visa processes and types of visas and it is deffinatly a one way ticket to a headache lol.
By the looks of it the only avaliable visa to us is the Fiance visa in which our son and I go over to America. As we cant find a visa in order for my fiance to come over to UK.
I will look at the guides and see if the can help de-confuse me lol.
What does NOA1 mean? If you dont mind me asking..
brandonsgirlFemaleUnited Kingdom2010-03-13 11:40:00
K-1 Fiance(e) Visa Process & ProceduresHi, im new here.
Hello everyone,
Just thought i would introduce myself, my name is Jemma and im british. I have been engaged to my American fiance for over a year now.
We have a infant son together and have been looking into which visa will be best for us for some time now. In order for my Fiance to come over to join us in England i would have to be 21 and im not so we cant do it that way. Even though since we are engaged and have a baby together you think there would be a visa avaliable. :angry:
So we are looking into My son and I joining him over there (in america) and the only way we can find is the Fiance visa. But im wondering if anyone has done the process themselves without the use of a lawyer?
I have spoken to a couple of lawyers but they would charge so much with the fee's and have seen the process broken down step by step on the internet and it seems pretty much straight forward.
Here is the link of the page i saw.... http://usimmigration...Fiance-Visa.asp
Does anyone have any advice?
After sending off the petition for the K1, how quick roughly does it take to get approved so we can get the actual visa processing..
Can i stay in america with my fiance whilst the visa is processing or no?
Any help and advice will help :)
Thankyou in advance :star:
brandonsgirlFemaleUnited Kingdom2010-03-13 11:20:00
K-1 Fiance(e) Visa Process & ProceduresHelp with bad past

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 :thumbs:


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
Derek.GMaleUnited Kingdom2010-07-22 17:35:00
K-1 Fiance(e) Visa Process & ProceduresHelp with bad past
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.
Derek.GMaleUnited Kingdom2010-07-22 15:56:00
K-1 Fiance(e) Visa Process & ProceduresHelp with bad past

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...ation/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 :thumbs:



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
Derek.GMaleUnited Kingdom2010-07-06 19:40:00
K-1 Fiance(e) Visa Process & ProceduresHelp with bad past

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.
Derek.GMaleUnited Kingdom2010-07-06 16:47:00
K-1 Fiance(e) Visa Process & ProceduresHelp with bad 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?
Derek.GMaleUnited Kingdom2010-07-05 22:37:00
K-1 Fiance(e) Visa Process & ProceduresK-1 VISA "APPROVED" AFTER FRAUD INTERVIEW BUT VERY UPSET WITH CO
congratulations with all my heart.
petenjillMaleUnited Kingdom2009-11-13 13:26:00
K-1 Fiance(e) Visa Process & Procedureswill USC using public benefits hurt our case?
I agree with prev posters - USCIS want to make sure your fiance doesn't incur a public charge after emigrating and marrying you and you have already secured a co-sponsor to prevent that.
Good luck :)
Jaylen BritNot TellingUnited Kingdom2006-04-25 04:05:00
K-1 Fiance(e) Visa Process & ProceduresFiancee is pregnant
I was gonna chime in as well with sometimes, in some cases, the Embassy will expediate the interview (not the actual approval process) in cases where one of the parties is expecting - but I see the OP already got that info for themselves so I'll just say; have a safe and trouble-free preganacy! :)
Jaylen BritNot TellingUnited Kingdom2006-05-18 15:19:00