irving
10-02-2007, 01:01 AM
I have the feeling I may have screwed up in a major way.
I recently entered the US on the VWP from the UK. I checked the embassy site as regards restrictions for the VWP and read it as saying that I qualified as the crime I was convicted for was over 8 years ago, was not a CIMT, and the max sentence was 6 months (I was fined).
While over there, I started reading up on the K-1 visa (things have been going well). There I remembered a caution I received eleven years ago. I think it was some kind of general nuisance thing, but there is a chance it could be theft-related (CIMT). The max sentence again was 6 months, but I got a caution. I did not even consider it when entering the US - I did not know that cautions are viewed very differently by the US and UK. There is a chance that it has been removed from my record completely, but it is a slim one, and besides it is going to be on the Enhanced Disclosure that the K-1 requires.
So I have plans to submit a K-1 application after Christmas. I am now aware that my record will almost certainly require that I submit an I-601.
Regardless, I am applying for my record from the PNC so I can see exactly what is on there.
Obviously, if I entered the US on the VWP this Christmas, knowing what I now know, I would be lying, so that's no good. I would have to apply for a Tourist Visa.
I have strong ties to the UK - work and education - so I think that the convincing them I want to come back is not an issue.
Similarly, the crimes were minor and long ago - I am well and truly rehabilitated and can prove this.
The thing that is scaring me is the way they will look at my misinterpretation of the VWP requirements. I know it was my fault, and I feel like an idiot. I also feel terrible because I have potentially made it that much harder to spend time with the love of my life - if they view it as illegal entry I could be really screwed.
So I have two main questions regarding this:
* How badly have I screwed up?
* What can I do to mitigate this?
Thanks for your help / advice.
I recently entered the US on the VWP from the UK. I checked the embassy site as regards restrictions for the VWP and read it as saying that I qualified as the crime I was convicted for was over 8 years ago, was not a CIMT, and the max sentence was 6 months (I was fined).
While over there, I started reading up on the K-1 visa (things have been going well). There I remembered a caution I received eleven years ago. I think it was some kind of general nuisance thing, but there is a chance it could be theft-related (CIMT). The max sentence again was 6 months, but I got a caution. I did not even consider it when entering the US - I did not know that cautions are viewed very differently by the US and UK. There is a chance that it has been removed from my record completely, but it is a slim one, and besides it is going to be on the Enhanced Disclosure that the K-1 requires.
So I have plans to submit a K-1 application after Christmas. I am now aware that my record will almost certainly require that I submit an I-601.
Regardless, I am applying for my record from the PNC so I can see exactly what is on there.
Obviously, if I entered the US on the VWP this Christmas, knowing what I now know, I would be lying, so that's no good. I would have to apply for a Tourist Visa.
I have strong ties to the UK - work and education - so I think that the convincing them I want to come back is not an issue.
Similarly, the crimes were minor and long ago - I am well and truly rehabilitated and can prove this.
The thing that is scaring me is the way they will look at my misinterpretation of the VWP requirements. I know it was my fault, and I feel like an idiot. I also feel terrible because I have potentially made it that much harder to spend time with the love of my life - if they view it as illegal entry I could be really screwed.
So I have two main questions regarding this:
* How badly have I screwed up?
* What can I do to mitigate this?
Thanks for your help / advice.