LovingherBrit

I'm in need of some help or some advise....

First off, my situation: I'm a US citizen and my fiance (a UK citizen) has just came to America on a K-1 (Fiance Visa). On the K-1, We have 3 months to get married. He's been here a month so far, and we have the wedding all planned for the end of this month. So his parents were planning on coming over to America for the wedding.

The problem is: His father has a criminal record. He was sentenced for 14 years for drugs .. that was almost 30 years ago. We thought he could come on the VWP but I just know it's not going to work.

So my question is: When coming to the US on the Visa Wavier Program, Do they do a back ground check when arriving in the US? Or is it based on the requirements when getting here (ex: Plane ticket home, hotel to stay at, money for the stay, ties to their country)?

Also, If they do do a back ground check on arrival, would he be able to apply for a visitor visa? or does the criminal record hold him back from visiting us in the US.

This is really upsetting us. so any advise at all would be helpful. We're planning on staying/living in the US and the thought of his father not being able to visit is devastating.

Thanks in advance.

ri_mischief

Hate to be the one to break it to you...but I strongly suspect that a 14 year sentance means a fairly serious drugs related crime....

He can try to apply for a visa, but suspect he will be refused...he's definitely inelligible under VWP

BritishGuy36

Agreed. VWP travel is not possible for your fiance's father.

Visitor's visa is the only way forward, and he'd need one every time he visits.

LovingherBrit

ok so he can't travel under the VWP... and he'll need a visitor visa every time he comes.. but will he even be approved a visitor visa? It's not a big deal if he needs a visa, I'm just worried he will be denied. If he's denied, is that it? Is there no other way to get him in the US for a visit? or are there waivers? I know there's waivers if you're denied other visas but is it the same for the visitor visa?

ri_mischief

He could get denied - and as far as I know there's no way of appealing.

You need to go and see an attorney (you're the USC right?) See what they advise...your future FIL will certainly need evidence of being "reformed". The US take a grim view on anything to do with drugs...and I'm assuming with a 14 year sentance it wasn't (a) his first offence and/or (b) possessing some pot for his personal use....

Sorry to be harsh but...

Bob

a drug offence is about as bad as it gets for the US, he'd have an easier time being a serial axe murderer...

either way, this would be beyond a forum, he'd need to see a decent US immigration lawyer and have all the details of the arrest and conviction...there's a few decent immigration lawyers in London that he could call for a consult, not cheap though...

snowbunny

When anyone uses the VWP they are asked about criminal convictions. Lying in the hopes that one won't get caught out is illegal and unwise.

I'm not sure about Canada's admissibility requirements, but if your FIL-to-be could visit there, that might be a good place to meet up. It is heartbreaking to think that your FIL cannot visit the US, but short of a lot of money, a lawyer, and some serious time in Grosvenor Square, it will not happen. They *might* grant a waiver if the worst happened and your husband died.

I have a friend who was banned from the US for 10 years for an overstay and had to travel to the US because his *wife* died unexpectedly while visiting here. Otherwise no criminal convictions -- just the overstay -- and he was only allowed here for two weeks.

Rete

It is more than likely that he will be denied. The US has a very strong policy against criminal backgrounds in drugs and your future f-i-l seems to have just that. If he had been found with some marijuana then he might get the visa but a 14 year stretch in prison means it was more than that. If it was drug trafficing then that is the end of his chances of coming to the US. Looks like you might well have the wedding without him. Arrange to have the ceremony webcammed so that he can watch the ceremony.

Rete

Forget Canada, their regulations are the same.

Bladerunner

There is no automatic criminal background check on arrival. However, you are not supposed to travel on the VWP if you have committed a "crime of moral turpitude".

I agree with the other posters. If he applied for a visa in the UK he would almost certainly be denied.

Folinskyinla

Hi:

He needs a visa -- along with a 212(d) waiver -- you may not have enough time. I forget what subsection of 212(d) applies.

LovingherBrit

Thank you.. this is what I wanted to know.. it's the same waiver as with the K-1 I believe.. I know he won't get it in time to come this time but maybe he will be able to visit another time. Just really scared he won't ever be able to come over.

Canada's out of the question either way.... My fiance being on the K-1 can't leave America before getting his green card or advanced parole which will be another 3-6 months.

Folinskyinla

Hi:

It is NOT the same waiver. There is a general waiver for non-immigrant visas which waives almost anything except national security stuff.

I have a client married to a US citizen, a prominent professor in her field -- she gets serial waivers for her O-1's but can never immigrate because of a heroin possession conviction which is from more than 30 years ago.

californian

I think Folinskyinla is trying being kind by saying you *may not have enough time*. I highly doubt your fiance's father is going to be able to get a B-1/B-2 and subsequent waiver before your wedding (in 2 weeks)!

If he can get the waiver . . . he will be able to visit in the future. Maybe Folinskyinla can provide the basic requirements for getting a non-immigrant waiver? In any case, this isn't something to approach w/o a lawyer. You FIL should seek UK based advice. I would suggest, Ed Gudeon, who is in my humble opinion, the best in his field, Gudeon & McFadden.

If having your future FIL at the wedding is essential, maybe consider getting married by a Justice of the Peace in the US (for Immigration purposes) and plan yourself a big destination wedding, maybe somewhere tropical?

LovingherBrit

yes, we understand he won't be able to come to the US for our wedding. I'm not worried about getting him here for the wedding. We've accepted that fact but I can't accept the fact that they might not ever let him come over to visit.

I don't understand the waiver at all.