Ok so i have a caution from 3 years ago this is classed as a cimt. this is my one and only offence and i am sure it wil be my last.

Me and my usc fiance want to get married so we are going to apply for a visa for me, now we are unsure if i should apply for the k-1 visa or he come here and marry me and we then apply for the k-3 visa, due to my regretful past.

which one would be easier to do due to my caution?

also on any of these visas is there any possible way that the usa may be able to parole me into the country (not to stay but just so i can visit every now and again) while i wait for the visa to be decided?

I know the vwp is out of the question due to my caution.

Or would they waiver it? as its a one off crime and it classed as petty.

also for people who have had to experience this did anyone ever get the waivers denied for the visa due to a petty crime in the last 5 years?

I am also able to get character statements to say that it is out of my character etc.

You go on and on about your caution, but don't state what it is. If you got a caution for disorderly conduct or shoplifting a Mars Bar, it's probably not going to be too much of an issue. If it was drugs or willy waving, that's going to be much more of an issue.

Oh!! you are kidding even mass murderers have those by the bucketful
but it amuses the consulate

Regardless of your crime, you will want to do more research on the K-1 visa. Also research the CR-1 Immigrant spouse visa. The way you have written the paragraph above, is not the way the visa process works. Also, don't bother researching the K-3...it's a visa which no longer serves the purpose it was intended. Just keep the K-1 and the Immigrant Visa in mind when doing your research.

Rene

Neither will be easier nor harder - you still have to overcome the fact that by accepting the caution you admitted guilt. You may not get a waiver... in which case you'll either be married and unable to enter the US, or you'll be single and unable to enter the US. Which would be less painful for your USC fiance?

Ian

I know of an interview a few months ago where the K1 applicant had switched tax disks on his cars to put the unexpired one on the car that had expired. It was also 20 years earlier. They had prepared everything (with attorney) for filing a waiver if denied. At the interview, the officer did say it was fraud so indeed considered a CIMT, but since it was only one and minor, he was okay with approving them. That's just a specific case, but does show something considered CIMT can go through without filling a waiver. It doesn't mean you can sail through.

Agree that the visa type doesn't matter when it comes to meeting requirements to enter the US. Married or engaged, you still have to deal with the crime.

As an aside -- it sometimes happens that it is not all that clear whether a ground of inadmissibility applies or not. So, in a belt & braces approach, the waiver application is prepared to be in the quiver. The important thing is to make sure that possible ground of inadmissiblity revealed. It is much harder for the Dark Forces to later say "we were wrong" in such situations.