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(US) K1 visa/ ESTA and UK police caution

(US) K1 visa/ ESTA and UK police caution

Old Oct 27th 2022, 9:41 am
  #1  
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Default (US) K1 visa/ ESTA and UK police caution

Hey guys, so when I was 19 (2017) I was caught with 0.5g of weed by the police and they slapped me with a police caution, I have not been arrested nor have any other caution or conviction , its been 5 years since I received the caution.

Recently me and my US girlfriend has been talking about getting married and relocating in the US just wondering when I am applying for the visa or the ESTA will my caution have any negative impact on my application? Has anyone been in similar situation and still got their visa? In my research I know that I can apply for a wavier but is this wavier a guarantee? (will I be guaranteed to apply for the waiver? and will the wavier be a guarantee success? )Or is it one of the things that depends on the mood of the officer who is dealing with my case? I also know that I can potentially have my caution completely erase (not expunge) from the PNC will that help?

Just wanted to hear your opinion on this and if anyone has any previous experience that are similar to mine please reach out and give me some advice. I am losing hair over this.
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Old Oct 27th 2022, 2:44 pm
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Default Re: (US) K1 visa/ ESTA and UK police caution

Originally Posted by Brian118
Hey guys, so when I was 19 (2017) I was caught with 0.5g of weed by the police and they slapped me with a police caution, I have not been arrested nor have any other caution or conviction , its been 5 years since I received the caution.

Recently me and my US girlfriend has been talking about getting married and relocating in the US just wondering when I am applying for the visa or the ESTA will my caution have any negative impact on my application? Has anyone been in similar situation and still got their visa? In my research I know that I can apply for a wavier but is this wavier a guarantee? (will I be guaranteed to apply for the waiver? and will the wavier be a guarantee success? )Or is it one of the things that depends on the mood of the officer who is dealing with my case? I also know that I can potentially have my caution completely erase (not expunge) from the PNC will that help?

Just wanted to hear your opinion on this and if anyone has any previous experience that are similar to mine please reach out and give me some advice. I am losing hair over this.
Nothing is a guarantee. Even if you are granted a waiver and issued a visa you can be turned away at the border, but it’s highly unlikely.

As I understand it you apply for a visa and it is denied due to your offense and then you CAN be recommend for a waiver if the officer thinks it’s appropriate. Then there is the waiver process which is a “black hole” you have no insight in to it or how long it takes.

There are people who post here who have gone though a similar process and been successful, so all you can do is Follow that process and see what happens.
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Old Oct 27th 2022, 8:10 pm
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Default Re: (US) K1 visa/ ESTA and UK police caution

Originally Posted by Brian118
Hey guys, so when I was 19 (2017) I was caught with 0.5g of weed by the police and they slapped me with a police caution, I have not been arrested nor have any other caution or conviction , its been 5 years since I received the caution.

Recently me and my US girlfriend has been talking about getting married and relocating in the US just wondering when I am applying for the visa or the ESTA will my caution have any negative impact on my application? Has anyone been in similar situation and still got their visa? In my research I know that I can apply for a wavier but is this wavier a guarantee? (will I be guaranteed to apply for the waiver? and will the wavier be a guarantee success? )Or is it one of the things that depends on the mood of the officer who is dealing with my case? I also know that I can potentially have my caution completely erase (not expunge) from the PNC will that help?

Just wanted to hear your opinion on this and if anyone has any previous experience that are similar to mine please reach out and give me some advice. I am losing hair over this.
Legal consultation is very much in order. US Federal law regarding marijuana possession is very much in transition. Details of what happened are important.

Good luck.
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Old Oct 30th 2022, 9:45 am
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Default Re: (US) K1 visa/ ESTA and UK police caution

Originally Posted by S Folinsky
Legal consultation is very much in order. US Federal law regarding marijuana possession is very much in transition. Details of what happened are important.

Good luck.
I agree with this. There's a possibility your application for ESTA will be refused and you will need a B2 to visit.
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