Pooley2019

Hello,
I had some people wanting to keep updated on my progress in regards to my k-1 and my fiance from the UK having a criminal record. If you haven't read my previous posts, he has one charge from when he was 16 and then two cautions has an adult in 2012 and 2015. Most advice from different forums have been to consult with an immigration attorney.
Today I had a consult with an immigration attorney (In the US) and was told she doesn't practice law in the UK, so she only knows the laws in the US. She didn't even know what a caution was. She said they seemed petty and she wouldn't be too worried but seeing as she really didn't know anything, I'm not really trusting what she told me. She did, however, take my money at the end lol.
I asked in another forum if I should maybe seek an attorney for advice that was from the UK, and they told me that they would probably say they don't know the US laws lol. So, for now, I think I will just wait and see how our visa plays out! Thank you everyone for all your help so far on this journey!

MidAtlantic

There are plenty of immigration lawyers versed in UK/USA issues. Here is one example: https://www.us-visa.co.uk/home.

civilservant

I would keep calling around several and specifically ask if they have any experience dealing with UK cautions and immigrant visas. Keep going until you get one that says yes.

Probably a good idea to tell them that cautions are treated as convictions since 2009 too.

Pooley2019

Thank you! I have been messaging a lot of different lawyers. I kind of get different answers each time. I think it best to just go in and explain his situation and hope that the officer is willing to listen. If we get denied, then at that time we will have to look at different options.

civilservant

I still don't understand why you wouldn't tell us what it is, we might be able to help. That said, if it's a) violence b) drugs or c) theft/dishonestly related then you are right to worried and seeking professional advice.

Pooley2019

Sorry, I'm at work and have to keep jumping off and on. I wasn't purposely not telling. In 2009, he was charged at the age of 16 for Having a knife in public. (Long story short, he was a at party and was cutting pizza for everyone when a fight started outside. He ran out to see what was happening and still had the knife in his hand when police arrived and was charged.) He didn't have any jail time or fines. Only 9 months probation.
In 2012 and 2015, he received two cautions. First in 2012 for Common Assault when he got into an argument with his brother. In 2015, he bought a dirt bike and it was previously reported stolen. The officers asked him if he knew, which he said had no idea, so he said no. They said because he didn't know, they weren't charging him but because he said that he did buy it, they're letting him go with a caution of Handling Stolen Goods (receiving).

civilservant

You told us that before I recall. Not sure why I was thinking you hadn't said what the cautions were for... it's been one of those weeks!

The problem, of course, is that his 'story' with respect to the second caution is really irrelevant. He admitted to the offence by receiving the caution, and it was pretty recent by immigration standards. You might have to retain one of these attorneys to guide you through the process, this cause is 'iffy' as a DIY in my opinion.

Pooley2019

Yes, I've been asking different attorney's but from what I gather, there's not much they can do unless I'm denied and then at that point I can hire. And he did admit to it buying but was completely unaware it was reported stolen. At the time, he was younger and hadn't met me and said he said if knew how a caution was going to impact him, he never would have agreed to it but nothing we can do now. So far, I've only come across one other case that is pretty similar to mine (he had cautions for possession and burglary but they listened to his story and he wasn't denied) That was however in 2014 and I know a lot has changed since then and it all depends on who is interviewing him. I will defiantly keep everyone updated on my progress. Thank you!!

Alba2018

Pooley2019

Thank you for replying..
Yes, we've started the k-1 visa process and he has traveled twice now to see me.
Your partner did not disclose Criminal Conviction nor Cautions via ESTA: Yes, we did not disclose but as the question was just a yes or no to: Have you every been arrested or convicted for a crime that resulted in serious damage to property or serious harm to person. I've been doing a lot of researching and reading on this and apparently we are not the first to do this as the new questioning confuses a lot of people and that it was even brought up at the interview. I will defiantly have him bring the basic police certificate showing he has No Record just in case it is brought up to prove we really had no idea.

2009 Age16 Possession of offensive weapon.- It was "Having a knife in public".. I'm not sure if that's the same thing, but yes, he was convicted of that.
2012 Age ~19 Common Assault. CAUTION... yes
2015 Age ~22 Reset (Receipt stolen goods). CAUTION.... yes

I did actually get a hold of an immigration attorney in Idaho (where I'm from) and they told me repeatedly that she doesn't practice UK laws, only US laws and she didn't even know what a caution was. I think our best bet is to just wait and see what happens. Thank you so much for responding and all your advise. I think right now it's just nerves. I know we have a while until the interview and each case is so different and up to the discretion of the officer at the time of the interview. I've heard some similar case to mine that didn't have a problem and then I've read of some cases that were not as bad as mine and was denied. It's all so nerve wracking.

Alba2018

Nutmegger

Pooley2019

Yes, I agree. And as she's solely an immigration attorney, I figured she would know. On top of that, I spoke to her paralegal who told me she would be able to help me after talking to him for 15 minutes on all the details of our case. But I will go forward and either hire an attorney if we've denied or just get married and then do a CR-1 lol

Alba2018

Noorah101

Getting married and doing the CR-1 visa won't solve anything if there's a problem. The same rules for convictions govern both the K-1 and CR-1 visas.

Rene