materialcontroller

Hi. This is a great forum and I've found a lot of pertinent information here but I'm hoping some of you will be able to help with advice regarding marriage to a US citizen.

My gf lives in TX and visited me in Britain last Christmas while I made the trip to the States earlier this year. I have a number of CIMT's, mainly for theft - of which there are about six offences on my record along with several non-CIMT convictions, with the last one being in 1993. I also have one arrest for criminal damage in 2006 which wasn't prosecuted (case dropped at court).

I knew that I was ineligible for VWP so applied for a B2, disclosed all of the above, and was refused on the grounds of my criminal past, but granted a 12 month waiver of ineligibility. I'm now beginning the B2 application process again to (hopefully) obtain a further waiver of ineligibility with a view to returning to TX for a visit early next year.

Now that my gf has finally divorced in the last couple of weeks, we've been talking about longer term plans. She is highly educated (2 bachelors and 1 masters degrees) and would eventually like to live and work in the UK, but prefers to remain in the US for now as she is the only carer for her elderly mother.

I don't think my gf would have any problems applying to live and work in the UK, given that her skills and expertise are highly sought after, and if we can arrange care for her mother it is the preferred option for both of us and we could marry here. But we are also thinking about a possible K-1 petition to marry in the States and, taking my record into account, I would be grateful for any help that anybody can offer. Thank you all.

meauxna

Lawyer.

You're going to have to learn about it yourself also, but you must have a lawyer review all your charges and immigration history.

It's good news that you've received a waiver for the non-immigrant visa. Now you need to find out if there is one available for immigrant visas.
There are a couple of very good waiver lawyers on www.immigrate2us.net You want to find someone who is conversant on this topic, not every immigration lawyer will be.

materialcontroller

Thanks for the information meauxna. I'll do a lot more research and be sure to let everyone here know how it goes if we do start the K1 application. I'll also drop a post into the main forum detailing my experiences of the B2 waiver of ineligibility process. Thanks again!

discoviking

As in marry in the States and return to the UK afterwards to live there, or marry in the States, adjust status and take up permanent residence in the US?

If it's the former, you can do it on a B2. If it's the latter, you will need the K-1, and possibly an immigrant waiver.

materialcontroller

Thanks discoviking. We're thinking about the K-1 with me taking up permanent residence in the USA. I'm researching the conditions of the immigrant visa waiver and the implications of my criminal history. I know that every case and each application is different but just hoping that it might eventually go in my favour having already had a waiver for a B2, and the gf having to remain in the US to care for her mother could be classed as extreme hardship.

Noorah101

Your gf having to stay in the USA to care for her mother is a good way of showing why she can't immigrate to the UK at this time. But it needs to be shown why it's a hardship to her that YOU are not there with her. She's in the USA caring for her mom alone right now, and managing...how is it currently a hardship not to have YOU there?

Not being insensitive, just asking from the ConOff's point of view.

Rene

meauxna

It's been a while since I've read up on waivers and hardship letters, but I think showing that the USC needs to remain in the US is the right sort of hardship, Rene. They don't have to show that it is a hardship not having their spouse/fiance in the US.

Looks like this article is still good: http://www.familybasedimmigration.com/forum/waivers.php

Noorah101

OK, thanks.

Rene

discoviking

That's not entirely correct. There are two parts to it. The USC has to show why it would be an extreme hardship if the spouse/fiancee is not permitted to immigrate to the US, *and* why it would be an extreme hardship if the USC is forced to relocate to the spouse/fiancee's country of residence.

There are some substantiated rumors (from Laurel Scott's weekly chat) that the process may change to allow an I-601 to be submitted along with the I-130 rather than having to wait for a visa denial at the initial visa interview, by the way. No word yet on when this procedural change may happen, though.

materialcontroller

I'm grateful for all of these replies so far. Thanks.

discoviking - I'm fairly sure that the second part of that hardship requirement can be met, as it's impossible for the gf to move here in the current circumstances regarding her mom. It was difficult enough for her to make the arrangements for a two week visit. As for why my being refused immigrant status to the US would cause hardship, we will need to prepare for that with some more research. To be honest, I would rather avoid engaging the services of a lawyer unless really necessary. However, these are still only preliminary enquiries really and we may feel differently once we start an application. I'm in the middle of applying for another B2 non-immigrant waiver right now, so any K1 application is a long way off, but all of the information everyone has provided has been very welcome and informative. Thanks again!

Noorah101

With any kind of waiver, a lawyer is pretty much a must, in order to be successful.

Who is helping you do this one?

Rene

Wolfy

I personally think that you area little misguided in thinking you can pull the waiver off without a immigration lawyer not saying it cant be done and I dont mean to be dis-respectful just practical, but a lawyer will know all the ins and outs of such cases....Many know of my circumstances as a child of 13, but I have still engaged the services of a immigration lawyer and wil cost me £500 in total even if I need a waiver of any sort, he will do it all....£200 for the initial consutation in person or via skype and any follow ups you want to make afterwards and then the final stage of interview prep and hardship readiness and waiver £300 which I feel is a very small price to be with the one you love! then again I would pay 10 times that to be with my wife here or there! Its also a small price to pay for peace of mind! My lawyer will be prepared to request the file from the embassy ( Which he has done so before with someone else) and look at the reasoning behind the denial/refusal and set other things in motion...I trust him with my life...Why? because he used to be a CO at the embassy he was recommended to me by another user and is doing well for him! In fact I will find out how he is doing with his waiver and let you know, but trust me he wont paint nice fluffy pictures, he gives worst case and best case scenarios as you may find out from this forum...No one can predict what will happen on the day of your interview, depends if the CO woke up in a good frame of mind or suspects something more sinister...it all goes into the judgement of the day!

But I wish you well with your endeavours and hope that it all goes well!

materialcontroller

OK Rene. On the first part my experience last year, outlined briefly in my first post, suggests otherwise. I applied for a B2 visa for a tourist visit, was refused at the interview in London because of my past involving CIMT, but the consular official recommended me for a waiver of ineligibility (which I eventually received about 3 months later). That waiver was only valid for 12 months and one entry to the US, which I gather is normal in cases such as mine. I did not use a lawyer at all, merely followed the rules and instructions I was given as fully and completely as I could.

On your second point, no-one is helping me with my latest B2 application. I'm freelancing it on my own, just as I did with the similar successful application last year.

Regarding everything else that Wolfy has added, I'm not completely against the idea of using a lawyer if circumstances dictate. Especially for an immigrant visa application like the K1 we are starting to look into now, which is quite complex and has a lot more riding on the success or failure. But for a B2 tourist visa, I found the process simple to follow and easy to understand, and luckily had no problems getting the waiver I needed using my own initiative. I feel quite confident about taking the same steps again in this latest B2 application as well.

Wolfy

As long as you are aware that the B2 application used to be a single sheet document for the applicant many years ago, not sure what it is now but thats what I had to fill in and the K1 is a lot more complex.

materialcontroller

Once I have a bit more time, I'm gonna create a thread in the main forum based around my entire B2 experience. But I will mention here that I needed to complete the DS-160 online application form, apply for an ACPO police certificate, provide copies of court documents detailing conviction details (because the police certificate returned "No Live Trace") and also complete a VCU-1 form. The police certificate, VCU-1 form and court documents had to be scanned and emailed to the non-immigrant visa section of the London embassy before I was able to schedule an interview appointment.

I am aware that the K1 immigrant visa is far more complex. Hence why I am beginning my search for information and answers to questions now, well in advance of actually commencing the process for real.