daniel.thomas10

Finally got a reply of ACPO just as i finished the visa application for my wife and had my hand on my wallet

So it turns out the reason the wife's arrest does not show up on ACPO is because they have been void. They have confirmed that these do not need to be disclosed to the US embassy and would not show up on any criminal checks,
great news

But in 2003 my wife applied for a visa because we thought drink driving needed a visa, So we got her a visa and this is the one that was cancelled after the passport office cut the corner of her expired passport.
This has been cancelled with the USE

SOOOOO now nowing drink driving is not a CIMT but having held a visa...... should she still apply for a visa or use the ESTA system? after all dont fancy her getting turned away in florida

other post
http://britishexpats.com/forum/showt...aniel.thomas10

promise this is the last question and you guys have been great so far thank you for your help over the last 3 months

Noorah101

Who is "they"? This is incorrect. Only CIMTs need to be disclosed on an ESTA application, but if one is applying for a B-2, the question is have you EVER been arrested, period. And the answer is still "yes".

If drunk driving is not a CIMT, and she has no other CIMT crimes, she can apply for ESTA.

Rene

hungryhorace

Don't listen to UK cops (who don't know the law themselves at the best of times!) or their civil staff concerning what you need to disclose to the American government. Go by what the AMERICANS tell you is required to be disclosed. I can tell you with absolute certainty that the arrest / conviction is required to be disclosed on a US visa application.

ian-mstm

Unfortunately for you, it's the US government that dictates what information must be disclosed... not some lackey in the UK.

Ian

scrubbedexpat099

What has the Embassy to do with this?

daniel.thomas10

Turns out my.wife never needed a visa after she was arrested for drink driving. So any way she got her visa and then it became void when her expired passport was clipped. Any way..... She was.falsely arrested and the police say his arrest is not on file.
But we are just going to apply for a visa just to be sure... Sod the ESTA, £4,000 holiday just to be turned away at the boarder. Better safe than sorry

Zoe Bell

You realise that you can just as easily be turned away at the border with a visa as well?

daniel.thomas10

Yes, but I see no reason they would. Been to see them and produced everything they asked for and answered all there question. If she just fills out a ESTA I think she runs a bigger risk than if she has been been to see someone

scrubbedexpat099

That I do not understand. The Visa does not expire when the passport does.

daniel.thomas10

No the visa it's self was still in date, but when we renewed the passports the old ones come back with the back and front covers clipped in the corner.
According to the us embassy website if the corner of your visa gets clipped it voids the visa. It's pretty common for the passport office not to check for visas and just cut the passport when people renew apparently

Britsimon

Just as an FYI. I applied for a B1 visa in 2005 because I was about to start a contract where I would spend 10 days every month in the USA. So, I thought I would do the right thing and get the B1 visa. At the embassy in London the CO said I didn't need the visa for what I was doing, but she gave me a 12 month visa anyway. During that initial 12 months I was questioned every time quite carefully about what I was doing workwise. After the visa expired I continued with the same schedule for over 4 years more - almost never getting questioned as much as that first 12 months.

The point of the story? Having a visa when you don't need one makes you stand out amongst all the other people and invites more questions....

daniel.thomas10

Great!!! All I want to do is take my family abroad to see micky. Why is this such a mine field?

I feel a visa is the best idea but I don't want to have my wife questioned like a cold killer.
Do I need to fill in a ESTA for her still

Nutmegger

I hear that Mickey hangs in Paris these days -- abroad and easy to get to!

Britsimon

If you get a visa then no you don't need an ESTA which is to do with the Visa WAIVER program.

However, you can apply for an ESTA, answer truthfully, and most likely you will sail through the border control check.

The ESTA question is worded like this:-
B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

So your wife would answer NO to that.

Really, having read this thread you are making this much more complicated than it needs to be and getting a B2 will just make life more difficult. But hey, whatever floats your boat.

daniel.thomas10

Really think so?