ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresPlease Help.


My Fiance continued searching the web and found some more info. He's hoping that the fact it happened in 1986, there was no sentence or fine, the Court decided to give me an absolute discharge and there has been no other conviction that they may look at me favourably under the Petty Offence Exception. I'm gathering as much info as possible including looking at the I-601 - how I'm going to construct a hardship letter I don't know - I've read some on the www.immirate2us.net web site - and I don't feel we would qualify.

I've sent an email to the consulate in London - waiting for a reply. Does anyone know if phoning the Embassy direct on the Switchboard: [44] (0)20 7499-9000 number be of use or would I have to use the non London number 09042-450100?

Any more help would be gratefully accepted - but in the end what will be will

This, and zyggy's good replies show why you should get a legal opinion on your specific situation before you go running around getting yourself in despair. You may not require an I-601 Waiver--posting your details to that group may also help you find out where you stand. Find that out before you start designing your solution, ok? :)
What are you hoping the Embassy will tell you? Remember that they are NOT your legal advocates, are not obliged to give you correct information and are actually at cross purposes with you (their job could be described as 'trying to keep people out of the US'). Proceed with caution and a skeptical eye.
Also, "the Embassy" is not the same as "the Consulate".

:)


Thanks to you and zyggy.

I've just submitted a request for the court records - but as they are so old they need to be dug out of the archives! I just hope it states the value of the items taken, the Lady who dealt with me today wasn't sure - that will be the crucial information. Fingers crossed.

I'll post my details on immigrate2us.net and also join the chat with Laurel Scott on her website on Wednesday - at least to start with. Thanks for your advice on phoning the Embassy - I understand fully.
pigglesNot TellingUnited Kingdom2006-06-16 11:23:00
K-1 Fiance(e) Visa Process & ProceduresPlease Help.
Thank You again

I believe from the distant memory that I had it was less than £10 (less than approx $18) worth of items. That's the stupid thing about all this! Hopefully the court records will reflect this. I'm totally devastated. eveything was proceeding wonderfully.
pigglesNot TellingUnited Kingdom2006-06-16 08:36:00
K-1 Fiance(e) Visa Process & ProceduresPlease Help.



Thanks. I hope everything will be OK.
I've found out that in UK law an absolute discharge means you are guilty but due to circumstances, age, background, actual crime etc the court takes no further action against an offender, but the offence and the discharge will appear on his criminal record
From the web site www.cjsonline.gov.uk/defendant/faqs - "Absolute Discharge - this means that although you are guilty of the offence, the court took the view that no punishment was necessary. Reasons for this could perhaps be: because of the circumstances of the crime; your previous good character; if the crime was very minor; or you are very young, or very old.
Regardless of the definition, I still have a record! Next thing I suppose is to get hold of the court records.

Def get ahold of the court record & bring a copy to the interview. Check this out, but I believe that your discovery and informing the Consulate falls under 'timely retraction', so it's not a death sentance in itself. :) Don't forget that you will always have to tick the 'have you been arrested' box on all future forms regardless of the outcome of the case. Save those court records when you get them!

This is one of those famous 'complications' that might lead you to want to consult with an experienced family-based immigration attorney. You can do this online or over the phone; be sure to get them all the documents (what you filed + emails +court records + any definition in American of what your charges/outcome were). In fact, if you run this past lawyer Laurel Scott, she can tell you with some certainty if your case will require a waiver or not. Also recommend you look up vj user 'munchkins' for info on very old convictions and when a waiver is required.

You can find Laurel at her own website (free immigration chat on Wednesdays) and posting at this excellent group: http://www.immigrate...wforum.php?f=26




Thank you for your reply and I take your advice onboard. I've found out how to get hold of the court records. Also I've found a form that may be useful - maybe? it's VCU001 - its on the Consular web site in London. It appear to be for people who, like me have been arrested and/or convicted of a crime. It has some additional instructions.

My Fiance continued searching the web and found some more info. He's hoping that the fact it happened in 1986, there was no sentence or fine, the Court decided to give me an absolute discharge and there has been no other conviction that they may look at me favourably under the Petty Offence Exception. I'm gathering as much info as possible including looking at the I-601 - how I'm going to construct a hardship letter I don't know - I've read some on the www.immirate2us.net web site - and I don't feel we would qualify.

I've sent an email to the consulate in London - waiting for a reply. Does anyone know if phoning the Embassy direct on the Switchboard: [44] (0)20 7499-9000 number be of use or would I have to use the non London number 09042-450100?

Any more help would be gratefully accepted - but in the end what will be will
pigglesNot TellingUnited Kingdom2006-06-16 05:53:00
K-1 Fiance(e) Visa Process & ProceduresPlease Help.


Thanks. I hope everything will be OK.
I've found out that in UK law an absolute discharge means you are guilty but due to circumstances, age, background, actual crime etc the court takes no further action against an offender, but the offence and the discharge will appear on his criminal record
From the web site www.cjsonline.gov.uk/defendant/faqs - "Absolute Discharge - this means that although you are guilty of the offence, the court took the view that no punishment was necessary. Reasons for this could perhaps be: because of the circumstances of the crime; your previous good character; if the crime was very minor; or you are very young, or very old.
Regardless of the definition, I still have a record! Next thing I suppose is to get hold of the court records.

Def get ahold of the court record & bring a copy to the interview. Check this out, but I believe that your discovery and informing the Consulate falls under 'timely retraction', so it's not a death sentance in itself. :) Don't forget that you will always have to tick the 'have you been arrested' box on all future forms regardless of the outcome of the case. Save those court records when you get them!

This is one of those famous 'complications' that might lead you to want to consult with an experienced family-based immigration attorney. You can do this online or over the phone; be sure to get them all the documents (what you filed + emails +court records + any definition in American of what your charges/outcome were). In fact, if you run this past lawyer Laurel Scott, she can tell you with some certainty if your case will require a waiver or not. Also recommend you look up vj user 'munchkins' for info on very old convictions and when a waiver is required.

You can find Laurel at her own website (free immigration chat on Wednesdays) and posting at this excellent group: http://www.immigrate...wforum.php?f=26


Edited by piggles, 16 June 2006 - 05:22 AM.

pigglesNot TellingUnited Kingdom2006-06-16 05:21:00
K-1 Fiance(e) Visa Process & ProceduresPlease Help.
Thank You.
pigglesNot TellingUnited Kingdom2006-06-15 17:11:00
K-1 Fiance(e) Visa Process & ProceduresPlease Help.
Thanks. I hope everything will be OK.
I've found out that in UK law an absolute discharge means you are guilty but due to circumstances, age, background, actual crime etc the court takes no further action against an offender, but the offence and the discharge will appear on his criminal record
From the web site www.cjsonline.gov.uk/defendant/faqs - "Absolute Discharge - this means that although you are guilty of the offence, the court took the view that no punishment was necessary. Reasons for this could perhaps be: because of the circumstances of the crime; your previous good character; if the crime was very minor; or you are very young, or very old.
Regardless of the definition, I still have a record! Next thing I suppose is to get hold of the court records.
pigglesNot TellingUnited Kingdom2006-06-15 17:08:00
K-1 Fiance(e) Visa Process & ProceduresPlease Help.


Can anyone give me some help and advice?
I've just received my police check back and I've just had a forgotten memory slap me hard in the face. I've gone through the full range of emotions- disbelief, upset, tears, panic - I now have to tell my Fiance - I'm waiting for him to call after leaving a tearful message.
I was arrested and went to court in 1986 for shoplifting - I was 18 years old, just the one conviction. According to the police check I was given an Absolute Discharge. I didn't even get a fine.
I've just sent Packet 3 paperwork minus the checklist (waiting for the Police Check!), to London and arranged my medical.
I've just sent an email to LondonConsular@state.gov trying to explain why I didn't disclose it on DS-156, thinking eveything would be OK, as it was a genuine mistake on my behalf, but I then read posted topic by another worried person and I'm really now panicking. It mentions waiver I-601. I go to the www.immigrate2us.net forum and have a look and I'm really in a panic. Does that fact I had an "Absolute Discharge" mean anything?

Please, can anyone help me?



If Absolute Discharge means they dropped the charges, then you were not convicted of a crime of moral turpitude and a waiver should ne be required. A waiver is only required for convictions...


Thank you for replying. I'm either really naive or stupid with these matters. How do I find out if Absolute Discharge means they dropped the charges? Would Local Police Enquiries be the place to start?
pigglesNot TellingUnited Kingdom2006-06-15 15:30:00
K-1 Fiance(e) Visa Process & ProceduresPlease Help.
Can anyone give me some help and advice?
I've just received my police check back and I've just had a forgotten memory slap me hard in the face. I've gone through the full range of emotions- disbelief, upset, tears, panic - I now have to tell my Fiance - I'm waiting for him to call after leaving a tearful message.
I was arrested and went to court in 1986 for shoplifting - I was 18 years old, just the one conviction. According to the police check I was given an Absolute Discharge. I didn't even get a fine.
I've just sent Packet 3 paperwork minus the checklist (waiting for the Police Check!), to London and arranged my medical.
I've just sent an email to LondonConsular@state.gov trying to explain why I didn't disclose it on DS-156, thinking eveything would be OK, as it was a genuine mistake on my behalf, but I then read posted topic by another worried person and I'm really now panicking. It mentions waiver I-601. I go to the www.immigrate2us.net forum and have a look and I'm really in a panic. Does that fact I had an "Absolute Discharge" mean anything?

Please, can anyone help me?
pigglesNot TellingUnited Kingdom2006-06-15 15:14:00