barrybethel

I have applied for a marriage visa, my wife and i have been married for ten years and have 3 wonderful children. I am Looking for any pointers really, I had my interview and my visa has been denied. I should have done a lot more research but it's a bit late now. I have about 5 charges of theft ( 2 involving burglary non dwelling) from 1996.
This was a very different me and I am obviously ashamed of my actions back then, I did not serve any prison time, the worst was community service and 2 of my convictions were as a juvenile. I foolishly thought this was all spent but found to my horror this was not the case. I also have a caution from 2007 for verbally abusing the restaurant owner next door for trying to get him to turn down his music at 12.30am on a Monday.

Basically i was hoping for some pointers on when and what waiver I should apply for? And obviously any positive input as it was incredibly disappointing getting so close and being told no. And breathe.

sir_eccles

Were you recommended for a waiver at your interview?

barrybethel

No, it has been referred for further information. I had to contact the acro people for full disclosure and send the detail to the embassy. They didn't seem overly impressed that I had visited with an esta, I assumed my record was considered spent and said I had no record.

sir_eccles

The US does not recognize the concept of a spent conviction.

Pulaski

The clue is in the word "ever" in the question "Have you ever .....?"

barrybethel

I appreciate that, but on uk forms (in the vast majority of cases)I do not have to declare that. I mistakenly followed the same path.

civilservant

People often have this problem, answering the question they want to answer rather than the one they are actually being asked!

Noorah101

It does not sound to me that your visa was actually denied. It sounds like they requested further information, and will make s decision once they receive the information.

At this point there's nothing else you can do except wait to hear from the embassy. Did they keep your passport or give it back to you?

Rene

Pulaski

The last time I checked, the UK does not administer visa applications on behalf of the US.

[I'm not having a go at you, but for every active poster there are many tens of readers who come here looking for advice or information in our threads.]

barrybethel

They gave it back, I assume it will be denied in due course and then if available I will need to apply for the waiver?

Noorah101

As you have now discovered, the I-94 and ESTA are not UK forms, so must be handled differently. It's good you mentioned this, so future readers will learn from it.

Rene

Noorah101

I wouldn't necessarily assume anything when it comes to immigration. I'm sorry, I don't know much about waivers, but others will come along to chime in. You can't apply for the waiver (if there is one) until after the visa is formally denied.

Rene

barrybethel

Thank you for your input. I know I have made more errors than most but it is all a learning curve. My wife would like to move back home but ultimately it may no longer be an option.

lansbury

All you can do at the moment is send in the information they requested and then wait for a decision. If is denied the assistance of an immigration lawyer, or at least a consultation with one before doing anything else might be in order.

ian-mstm

I'm usually the cynic in the group, but this doesn't sound quite as bad as it could be. The officer will usually recommend a waiver if he believes that you are ultimately approvable, but your case needs closer scrutiny. Generally, if you have a conviction on your records, an ACRO certificate and possibly a SAR is required to help the officer make a decision. If you didn't have that info with you, then it seems that's all he needs before he's in a position to say one way or the other. While multiple convictions for theft are never good, there is almost a 20 year gap between then and now... and that works very much in your favor.

My gut feeling is that once the ACRO info is received the officer will recommend you for a waiver, and that the waiver will, ultimately, be approved. Be prepared for a long wait though... it'll likely take 6 or 7 months before you hear whether or not the waiver is approved.

Fortunately, your family is together and can remain together for the duration. Good luck to you.

Ian