Whymewhyme

Hi guys,

I am going to be applying for the K1. I have a fiance in the USA and I am a UK resident. We have known each other for 5 years now and have spent many months together, in Canada and the UK.

I have some questions, if you don't mind me asking:

1. I have been denied a B2 Tourist visa before (in 2009) and multiple ESTA's thereafter, haven't bothered applying for ESTA in the last 8 months. Never broke any laws or overstayed, the denial I guess was based on loose ties to the UK and admitting I had a gf there (now ex) / interviewer woke up on wrong side of the bed.

- Could that denial affect the K1?

2. I was arrested and had to go to court to pay a fine for shoplifting some clothes to the tune of £120 value when I was 17/18. I am 37 now, so 19/20 years ago. I have never declared it on any esta or visa application.

- Is that a problem? If so, what would you advise I do?

3. My fiance makes about 16k USD a year, but I have 135k USD in savings.

- Does she need to sponsor me, or do I not need it since I have those savings?

Thanks guys..

Noorah101

1. No.

2. You should have declared it, as shoplifting is a CIMT. You must declare it on any future paperwork. It's not likely to get your K1 denied, though.

3. Sounds like you have enough to "self-sponsor", but bring an I-134 to the interview anyway, just to cover all the bases.

Rene

Pulaski

Your fiancée must sponsor you - without her there is no visa application, but it sounds like finances won't be an issue for the fiancé visa or your adjusted of status after you get married.

Irrespective of what "errors" you made in previous visa applications, you should be totally honest in your K-1 application. Your conviction was for a relatively trivial crime and was a long time ago, but when the visa form asks "Have you ever been convicted?" it means exactly what it says!

In any case I am certain it won't be an issue and may be pretty much ignored as a single petty offence, especially if you only 17 (?) and therefore a minor.

tom169

The US petitioner is who is petitioning for the K1. Not you. The initial forms - I-129f etc will be filled in by your fiancé. There are a couple others that you need to fill in - G325 and an intent letter.

As you said UK resident and not UK citizen, I'm hoping your status in the UK is legal.

I would get the ball rolling on an ACRO, subject access report and court records for this.

ian-mstm

You weren't eligible to apply for ESTA anyway... and nothing to do with the earlier denied visa.

Ian

Whymewhyme

Oh yeah, I was born here, my bad.