LadyJinx

My partner and I will be filing for a K1 visa shortly (I'm about 6 weeks from my divorce being finalised) and I do have a caution for a CIMT from about 12 years ago when I was 18 and whilst I have been told that it shouldn't be a huge issue for the K1, I am aware that I cannot visit him on the ETSA prgramme but I would like to go and visit him before I move so does anyone know if I have to have a seperate interview at the embassy for this or if it would be/could be done at the same time as my K1 interview? Should I speak to a lawyer (or get him to as he's the one living in the US) about this to make sure I do everything correctly? Thank you for any advice and sorry if I've not worded this very well!

Michael

You will have to apply for a B2 visa and depending on the CIMT and other things, they may require a waiver which takes many months for approval.

I'm not an expert on the B2 visa and when a waiver is required but there are several experts that visit the "US Immigration and Visa" forum but don't visit the "Marriage Based Visa forum" that could give you advice so I suggest you post your question there with full details of the CIMT. The thread in that forum should be based more around the issues with the B2 visa than whether you can apply for the visa at the same time to try to determine if a waiver will be required.

I'm curious why you want to wait so long for the B2 visa when you will have the K1 visa in hand.

LadyJinx

Thank you for your reply, I don't want to wait for a B2 but I was hoping to be able to see my partner (and where I'll be living!) while waiting for the K1 as I've been told to expect around 8 months for it to be fully processed.

Michael

But your K1 interview doesn't occur until the 8th month just a few days before the K1 visa is issued so your post didn't make much sense to apply for the B2 visa at the same time as the K-1 interview.

So really your question is whether your CIMT will require a waiver since you will have to apply for that visa and have an interview well before the K1 interview for it to be useful. Nobody knows for sure whether a waiver will be required but the interviewing officer may possibly grant the visa, recommend a waiver, or deny the visa but experts in the other forum can give your their opinions.

LadyJinx

Ah, I was unaware that the interview was so late in the process; Thank you for clearing that up. I suppose yes, my question is in regards to whether it will require a waiver, I was told that it might be an idea although probably an "overshot" but it seems very complicated and very expensive; my caution was for "theft in breach of trust" and was a single incident when I was 18, I have a completely clean record other than this.

materialcontroller

You should be aware that applying for a B2 waiver while having an intending immigrant visa in process may result in you being denied the B2 due to insufficient ties.

Michael

Yes the interview is the last step in the process except leaving your passport to get the stamp and then sent by courier to your home. I still think you should post in the other forum to see if you may have possibly have problems with the B2 visa since may be possible for one type of visa to be granted with a CIMT without a waiver and not possible with another type of visa.

So if you want to use the B2 visa, it should probably be applied for as soon as you get opinions from the other forum. They may possibly think that it is not worth the hassle if a waiver is required since that takes a long time. You'll have to submit your police records just like the K1 visa.

Michael

Materialconteroller, one of the experts did respond in this forum.

Michael

But it may not and if it was denied, it shouldn't affect the K1 visa.

materialcontroller

Of course. The OP just needs to be prepared for the possibility of there not being a way to visit before the K1 is finalised.

Michael

The K1 interview is usually the last step since it makes sure that all your ducks are in order such as your medical is complete and satisfactory, you've met your fiancé at least once during the past two years, your police records have been submitted and are acceptable, the affidavit of support is sufficient, etc.

There can possibly be an additional step called Administrative Processing which could take a week or two or even a year or more.

Michael

Since the OP didn't seem to understand the process, I just wanted to inform the OP that if the B2 is denied, it shouldn't have any bearing on the granting of the K1 visa.

materialcontroller

Agree with that

It's worth pointing out that a waiver may also be required for the K1. In fact if a waiver is required for the B2, one will also be needed for the K1 and vice-versa.

I'm not sure whether or not the OP's incident would qualify for the petty offence exception. If it did, then no waiver would be needed. I still think the biggest barrier to getting the B2 would be overcoming immigrant intent/lack of ties though.

LadyJinx

Thank you very much for your responses; do you think I should advise my partner that he will need to speak to a lawyer about this prior to completing all of the paperwork to see what is the best course of action? I don't want to make things more complicated by making a mistake

materialcontroller

Your partner doesn't need an immigration attorney, it's you who has the CIMT. It might be beneficial for you to have a consultation with one just to see what options you have and whether there's any wriggle room regarding your offence. They can also assist you in drawing up a waiver package for the K1 if you need to do one. You can search for a good attorney here: http://www.ailalawyer.com/