SamraLee

So... you think he can use the VWP? He's suppose to buy a ticket and then try? If they don't let him into the country, then what happens? Do they send him back free of charge? I thought he couldn't use the VWP because on the websites I've read about it, it says you can't use it if you been arrested for what he was arrested for and several other things, maybe the websites I've read are wrong, but I don't think so. I'd be willing to look again, but if there is a chance he can use the VWP, then I we would both be ready and willing for him to use it.

-Samra

SamraLee

Important: Some travelers may not be eligible to enter the United States visa free under the VWP. These include people who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP. Such travelers must apply for special restricted visas. If they attempt to travel without a visa, they may be refused entry into the United States.

This is exactly what I read, the website is http://london.usembassy.gov/cons_new/visa/niv/vwp.html which I think is a pretty good website to get the information from.

-Samra

ian-mstm

You seem to be ignoring the 6 most important words... "may not be eligible to enter".... *may* not *will*. It is not absolute.

Ian

meauxna

She seems to be ignoring just about everything....

SamraLee

But, he has also overstayed his VWP last time he was in the country, because he was arrested... So... that's two rules he's "broken". Plus, a 1,000 is a lot of money to waste if we are both pretty sure they will deny him and not let him into the country. We are poor people, we don't have money to spend on a just in case. We need better answers then may or may not. Maybe you don't understand, because you don't know the whole story. People are not kind to other people who have been arrested for a felony even if the case has been dismissed and you were basically proved innocent. Maybe you don't understand that it costs 10,000 to be bailed out of jail and then another 7,500 for a lawyer. I don't have money to waste on just in case. I am not ignoring things. I never said that I we would lie about either one of us being arrested. When it comes up in the forms we will answer honestly, if that isn't good enough then I guess we will deal with the consequences of my "ignoring" actions later. This is already enough stress, you don't need to pick on me. I came here for advice, not to be criticized. I'm sorry if I don't understand and you think I'm ignoring you. I'm trying to do what is best.

-Samra

Noorah101

Hi Samra,

It's totally understandable that you don't want to risk using the VWP. It's not a problem. Just continue with the K-1 process, and make sure you read up on the waivers (in case needs one), and have it ready by the time he goes for his K-1 interview. That's about all you can do for now.

Best Wishes,
Rene

meauxna

Samra,
It's my opinion that you should get in the habit of giving complete information if you want complete answers.
I understand if you don't want to take the heat that comes with doing that on a public message board, but no one here knows you or can see you--what do you care about a few snide comments? If you know you are not guilty, what do these opinions matter to you?

It would seem to me that the most important thing to you is getting reunited, and if that is so, that you'd want to make sure you had as high a percentage chance of success as you could get.
Witholding information and not checking your facts is NOT the way to accomplish your goal.

In your shoes, I would suck it up and bear to spend a few months apart so I could spend my limited resources on getting some sound legal advice for my very-out-of-the-ordinary case so the thing didn't drag on for years on end and dollars without limit.

Good luck to you both.

ian-mstm

The last thing I'm going to add to this thread is a comment about action vs inaction. Very often, people are so fearful of doing something wrong or doing something that will have a negative effect, that they are paralyzed into taking no action at all. It is *fear* that drives them. It is not a good way to live.

So, do something... don't do something... it's entirely up to you. But be sure that whichever way you go, you're not doing it out of fear... because fear will haunt you the rest of your life.

And, as someone who is probably quite a bit older than you, I can tell you from experience that doing nothing is often worse than doing something and having it turn out wrong. Wrong things can be fixed... but there is no fix for fear.

Ian

violator_dm

Have you tried to have the record expunged? Not for immigration purposes, but for other (including passing background checks for work etc).

SamraLee

I have never heard about that... and I don't know anything about the process, but I would be interrested in it..

-Samra

violator_dm

This is for Utah.

http://www.utcourts.gov/howto/expunge/

SamraLee

Thank you. I printed out the form and I'm filing it out now.

Thanks again,
Samra

violator_dm

But remember, when you apply for immigration benefits for your fiance/husband, you must always tell the truth. However, you can say "yes I was arrested, but my record was expunged" (once it is of course).

snowbunny

That's a good question.... if you are arrested and therefore overstay, is the overstay forgiven? It's a bit out of your control.

Samra -- no one is picking on you. I think what we are picking apart is the story, to glean facts so that we can answer the questions.

There are some people who are very relieved that they *can* use the VWP despite a prior arrest outside the US and even in some cases one prior conviction. This is a far more common scenario than someone who's been here on the VWP and been arrested, but not charged, with a felony. I know it's no comfort to hear that your case is unusual, though.

It would seem easier for you to move to the UK using that country's fiance/e visa process, but if that option's out, then there's nothing for it but to wait. I suppose you two could meet up in a third country, like Canada, if you really wanted to see each other, and he was admissible to Canada.

Best of luck.

SamraLee

On the London Embassy website, they have a visa wavier wizard, were you answer set questions about your case and they tell you whether or not you are eligible for a VWP, I just completed it and it said that my fiancé does need a visa and that he is not, not that he may or may not be allowed in, but that he is not eligible for the VWP. Because our case is so, different, there are a lot of confusing things. Most of the information I try to read is about being convicted and they give limited information about being arrested, but not convicted. It seems that there are more hoops to jump through if you are convicted though, rather than just arrested.

For those of you who would like a more detailed story about me and my fiancé, then I'll include it...


When my fiancé and I were in Utah, we were accused of something, but it did not go to the police then and we were scheduled to leave the country in two days. So we both left the US and went back to England for a six month stay. When we came back to America after six months had passed, we were told that a detective wanted to talk to us. We arrived back in Nov, and finally talked to the detective in January. After we spoke to the detective, I went home, but they arrested my fiancé and he went into jail because they said he was a flight risk. After that they took our case to the DA and they decided to press formal charges against us. I was then arrested and spent a few days in jail. I was let out on bail and my fiancé was released to pre-trail services. We never went to court, but in Utah they have a process where you go to roll call, which is nothing really. The prosecutor told us if my fiancé took a lie detector test and passed, she would drop the charges. He took one and passed and she didn't drop the charges because she said that her boss said I needed to take a test and pass as well. So I then took a test and passed and the charges were dismissed against both of us. Two days after that, my fiancé left the country because he had overstayed his VWP. That was on April 5th. And then... that brings me back to now, applying for the visa.

So… there is my long drawn out story for anyone who wants to read it.


-Samra