snowbunny

For clarification:

* if your fiance was arrested *in the UK* he would still be eligible to use the VWP, though he would have to declare the arrest on his I-94.

However, the boilerplate language about the VWP says that "anyone who has been arrested, even if the arrest did not result in a conviction" cannot use the VWP. Does that mean that only arrests *in the US* disqualify one from using the VWP?

SamraLee

my fiance was arrested in the US, not the UK. He can not use the VWP because of it, even thoiugh he was not convicted.

I called the toll free number and they gave me my reciept number, I guess the moved it to the California center and that I should receive my Notice of Action in the mail soon. I guess, now I wait. If the letter says they think it will take six months, or something like that, I guess I will try for a visa to the UK so I can be with my fiance while we wait. Here's hoping everything goes okay... It seems like we have already hit so many snags in the road, we don't need anymore. I guess there just might be a lot more though.

-Samra

meauxna

What was he arrested-but-not-convicted for? Is it a crime of moral turpitude? (and I thought it was the conviction that counted).
Who told you he could not use the VWP?

The letter gives you the outside processing time. Normal processing times are shorter than 6 months for I-129f petitions.

Bluegrass Lass

Just to clarify Samra, your I-129f is being processed at the CA service center? If you go to www.uscis.gov, you can check the processing dates that the service center is currently working on. Go to processing times, then click on California, and then scroll down to the I-129f -- you will find out what date they are currently working on. Using your receipt number they gave you over the phone, you can also type that in, and find out your receipt date. Compare your receipt date with the serv. center processing date, and you will have a general idea of how long it will take to process your petition.

However, keep in mind that the processing dates are only to be used a general guideline. Those dates can jump ahead weeks (or months) or go backwards by weeks/months. And, USCIS has been known to approve applications that were months ahead of the processing dates.

FYI, it took my I-129f 6 months to get approved - that was back in 2003. It's unfortunate that you cannot visit each other. I know my now hubby and I visited a couple of times while the forms were being processed & helped us keep sane. But webcams are also great tools!! A good portion of the people that have gone through this process have had to face some period of separation. If you ever feel like ranting/venting, feel free to share. Lord knows I've done my fair share. Hopefully your relationship will only come out the stronger for it.

Good luck!
Jamie

SamraLee

I guess he was arrested for an offense of moral turpitude? The case was dismissed soon after though. Well.. it says that the case being processed right now is from December of 2006... so that would be six months, right? I'm pretty sure I'm going to try and get a visa and fly to England to spend the months with him. I haven't seen him since April, and before that, we didn't really get to spend time together, so I haven't actually been with him since January. I'm use to being with his 24/7 because when I was in England with him, neither one of us worked and we were always with each other, it just makes it so hard. Hopefully it will work out though. We have webcams and mics and talk on MSN messenger everyday, it helps, but it's just not enough sometimes. Everyday I walk to the mailbox, hopefully one day I will get my notion of action.

-Samra

meauxna

Samra, why don't you want to say what the arrest was for? What if he IS able to use the VWP now? What if it means that he will need to apply for a hardship waiver after his visa is denied? Don't you want more information now than 'where is my receipt of filing?'??

Did you see my earlier reply about where your case number might be? The posted processing times ALL say about 6 months now.. that is the oldest case on the shelf and NOT where YOUR case is.

Good luck with your UK visitor's visa.

SamraLee

We were both arrested for an uncomfortable thing to talk about. It was a felony charge though. I don't think he should have any problems, but maybe he will. I didn't think it would effect him because he was only arrested, and then soon after the case was dismissed for us both, and we didn't do anything wrong. If you have any advice, I would apperciate it greatly. I just assumed it would not be a problem because neither one of us actually commited a crime.

-Samra

SamraLee

Oh also, I forgot to say, is a case number the same as receipt number? Because, if it is, then I have the number. It doesn't give me any processing times other then me being able to go and see what they are processing right now in California. The only other thing it says on the website, is that my case is pending and received.

Thanks,

Samra

meauxna

You might want to reveiw the visa application forms then, and get yourselves prepared. The question isn't 'were you ever convicted' it is 'have you ever been arrested'. This IS going to come out. Forewarned is forearmed.
You will at minimum need all the court paperwork dismissing the charges.

Stop assuming.

I still don't understand why he is banned from the VWP.


The case number can be used when you register for case-specifi information and emails at the uscis.gov--see the questions on the right side of the page (IIRC). You will be able to get more specific info about YOUR petition there and register for email updates if/when anything changes (they are not always accurate tho).
If you have done that, and it just says 'received and pending' then that is all there is. You don't really need that receipt now, do you?

SamraLee

There are no court papers or anything like that, because we never went to court. On the green sheet you have to fill out when coming into American from the UK, the VWP, it asks if you have been arrested in the US, if you answer yes to any of the questions on the back like, for example, Are you Nazi?, then it's pretty much assumed that they won't let you into the country.

This is what it says on the website...

Application Type: I129F, PETITION FOR FIANCE(E)

Current Status: Case received and pending.

And then it just says that I should wait for them to send me a letter.

-Samra

meauxna

If you are happy with your assumptions, that's fine.
If not (it sounded like you are not happy with the result) you can do some research in this group http://britishexpats.com/forum/forumdisplay.php?f=31
I just did a search for vwp arrested and got some very interesting results. You may be surprised by what you think you know.

There must be some papers to complete your case? If you answer 'yes' to being arrested (which you must--don't lie on immigration paperwork or to an officer, the consequences are much worse then) then you will want to have an explanation ready.
Check with the police station where you were arrested.

Capt. Tuttle

SamraLee wrote:
>>You might want to reveiw the visa application forms then, and get
>>yourselves prepared. The question isn't 'were you ever convicted' it
>>is 'have you ever been arrested'. This IS going to come out.
>>Forewarned is forearmed.
>>You will at minimum need all the court paperwork dismissing the
>>charges.
>>
>>Stop assuming.
>>
>>I still don't understand why he is banned from the VWP.
>>
>>
>>The case number can be used when you register for case-specifi
>>information and emails at the uscis.gov--see the questions on the
>>right side of the page (IIRC). You will be able to get more specific
>>info about YOUR petition there and register for email updates if/when
>>anything changes (they are not always accurate tho).
>>If you have done that, and it just says 'received and pending' then
>>that is all there is. You don't really need that receipt now, do you?
>
>
> There are no court papers or anything like that, because we never went
> to court. On the green sheet you have to fill out when coming into
> American from the UK, the VWP, it asks if you have been arrested in the
> US, if you answer yes to any of the questions on the back like, for
> example, Are you Nazi?, then it's pretty much assumed that they won't
> let you into the country.
>
> This is what it says on the website...
>
> Application Type: I129F, PETITION FOR FIANCE(E)
>
> Current Status: Case received and pending.
>
> And then it just says that I should wait for them to send me a letter.
>
> -Samra
>

"You might want to review the visa application forms then, and get
yourselves prepared. The question isn't 'were you ever convicted' it
is 'have you ever been arrested'. This IS going to come out."

Did you miss this part of the message? The fact the charges were dropped
and you never went to court does not matter at all.

Again, the question is: "Have you ever been arrested?" That is a yes or
no question. From what you have already said the answer is "yes"!!

SamraLee

I never said no, I understand the question. In the forms I've filled out it did not ask me anything about me or my fiance being arrested. I already said that he is not elligble for the VWP because he was arrested. So... it hasn't come up in anything other than him getting to America using the VWP, which I understand he can not...

-Samra

snowbunny

Who, specifically, has told you that he cannot use the VWP?

An arrest without conviction doesn't bar you from *trying* to use the VWP. If it is embarrassing enough that you don't wish to declare it on an I-94 in a crowded airport, fine, but he WILL have to declare it at some point if he wishes to ever visit or live here -- and it would be the risk of embarrassment, NOT the USCIS rules, that would stop him using the VWP. Remember, many people read these forums, and they will be curious as to why an arrest without conviction supposedly bars one from using the VWP. Please give your source on this.

Rete

It will come up on the K-1 paperwork that he needs to complete. It will come up on the adjustment of status papers he will need to complete. For you, the USC, it is not a problem. For him, it is a problem, albeit a solvable one, but still a problem none-the-less.

The I-129F requires a name check for both of you. The arrest might well show up on the FBI report under his and your name.

In fact if he had proof of the arrest and the dismissal of the charges, that would likely be all he needs to resume using the VWP.