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Topic: Can my GF still obtain a Visa?  (Read 859 times)

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Can my GF still obtain a Visa?
« on: July 30, 2009, 04:47:32 PM »
I am originally from UK but have been living in the states for the past 4 years.  My girlfriend (both very serious) who I met whilst over here wants to come back to the UK with me to either study, or study and work.  The problem is, about a month or so ago, she retaliated for something someone did to her (trust me it was terrible without going into detail and I believe what she did was justified) and she was arrested.  It was nothing violent or any weapons or threats or anything like that, she just destroyed some property of this lowlife scumbag who totally deserves it.  She regrets it and had to go to court last week, but the date was pushed back a month once she got there.

She has been told that she possibly faces 90 days OR 2 years probation or could just get off with a fine.......not sure which.  But my question is, will this hinder her coming to the UK with me?  I know if its probation she would have to confirm with her PO - but I am just wondering if this would halt a visa in any way and if there is anything we can do to work around it.

Thank you all for your help!


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Re: Can my GF still obtain a Visa?
« Reply #1 on: July 30, 2009, 04:56:30 PM »
Having criminal convictions certainly hurts the visa process.  I don't know if they automatically deny you, but I certainly think it makes your application "complicated."

From what your description sounds like, maybe she can plea-bargain to get the charge down to a misdemeanor at least and maybe get away with just a fine and maybe some community service.  I suggest hiring a lawyer since a criminal conviction will certainly hurt her chances of visas and citizenship down the line if she chooses that route.  Lawyers aren't cheap, but I think it would be worth it.  I also wouldn't think the US would let her out of the country if she is on probation, but I'm not sure of that.  I knew people in high school who were on probation and weren't allowed to even leave the state.


Re: Can my GF still obtain a Visa?
« Reply #2 on: July 30, 2009, 06:34:08 PM »
Do you have the docket number or similar reference where we can read the case?  It may help to translate it into the comparable UK offense.  That's needed in order to tell what the impact might be.  Just knowing she was naughty doesn't give a reference point into the UK equivalent.


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Re: Can my GF still obtain a Visa?
« Reply #3 on: July 30, 2009, 06:52:59 PM »
Retaliation is always tempting when someone's done you wrong, but if it's your girlfriend's goal to come to the UK, she has to approach everything in this case against her with that goal in mind. Obviously she was intent on retaliation, and this has already put her visa in jeopardy. Make sure that need for vengeance doesn't cause her to do MORE damage to her/your cause.


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Re: Can my GF still obtain a Visa?
« Reply #4 on: July 30, 2009, 09:03:16 PM »
Thanks guys.

I will try and find out the docket number when I speak to her.  Hopefully them putting back the date is a GOOD sign, as I take it if they wanted to throw the book at her then they would have done so already. 

She knows she made a mistake and she regrets it.  Obviously whats done is done, but the retaliation had a very good reasoning.  This guy is such a stand up citizen that he ended up getting arrested for a drive by shooting a week after my GF was arrested - just to give you a bit of insight into the kind of guy this is.  That's a whole different story though.

Thanks again and I will try and find out more when I see her, possibly this weekend.  But if anyone does have any experience in this kind of situation, I'd love to hear it!


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Re: Can my GF still obtain a Visa?
« Reply #5 on: July 30, 2009, 09:40:00 PM »
Sorry, but them pushing the date back is usually a simple matter of court schedules.


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