Hi there Everyone!
I'm a longtime lurker who, today, finally made the decision to become a full part of this community. Yesterday, I shipped off my fiancee visa application packet for (Priority) processing in Sheffield. My lawyer believes my fiancee and I will receive a positive decision. However, a couple things worry me.
I warn you in advance that this may be a long post. Here goes...
I have a single black spot on my record; a 6.5-year-old (2010) Class B misdemeanor resulting from a stupid mistake I made during a post-collegiate sojourn in California (charged with and convicted of 1 count of Solicitation of Prostitution after being targeted in a Backpage sting after a week of working as a tantric masseuse). I was given 3 years' unsupervised probation, a choice between fines and court costs or 9 days community service (I chose the fines due to not being able to take time off from my day job), a community class on AIDS, and an AIDS test (negative, of course) which I needed to show the judge. When my dear Mr. Ross proposed, I decided to look into and pursue expungement options. I found that California's version of "expungement" is, sadly, just the removal of a "guilty" plea and the dismissal of the original complaint. Yet, as it was the best option available, I chose to pursue that, and was granted my "dismissal pursuant to 1203.4" in May 2016.
My lawyers do not seem to think this will result in a rejection. First of all, my offence was one which would not be considered illegal in the UK (online ad was appropriately-worded with no nudity; everything took place behind closed doors; I was the only person using the room/place aside from a client). Secondly, my sentence was a non-custodial one (technically ISS -- no sentence was handed down; I was just placed on unsupervised probation and given the terms). I spent a night in detention directly following my arrest, but that was before charges were pressed and a month before my court date.
Third, I have applied for and received dismissal pursuant to 1203.4, which will hopefully help demonstrate to the UK that my offence was a one-off incident, and that I am not a habitual criminal or "bad person".
Yet I am still worried about one thing where this is concerned -- to serve as proof of non-criminality, I have submitted my FBI record. It shows that I was only arrested the one time, and accurately reflects my penalty. However, it was never updated to reflect my dismissal. We've included plenty of other proof of the case's dismissal in my application packet -- the order for dismissal, the updated court records, and a screencap from the LA Superior Court's website showing the case's disposition as "dismissed" -- I only hope that will be enough for the Home Office, and that they will understand the FBI's record of failing to properly update (i'm working on that now, for what it's worth).
While the above misdemeanor is my major concern, there are a few other small issues that have been keeping me up at night. First of all, I have several minor traffic offences on my record, the most recent of which was an Assured Clear Distance Ahead citation from July 2013. All traffic violations resulted in fines. My concern is that, though I provided my solicitors with every violation (having acquired documentation of every violation and ticket payment to ensure I did not miss anything or state any incorrect information), they did not list every traffic violation specifically (aside from those they could list on the application) in their lodgement letter, only stating that the minor offences exist. They claim this will be acceptable. I would hope they know what they are doing, as visas are the specialty of their firm.
Finally, I have visited seven times over the past 3 years. Ross proposed 4 days into my fifth visit -- and what was supposed to be a 3-week visit transformed into a 5-month, 30-day maxed-out visit for the year. I have visited twice since then with no incident or trouble (beyond an honest explanation) at the border, but I hope it does not cause the UK Home Office any additional concerns about granting me entry. To my credit, I have never engaged in any sort of work while in the UK (unless cooking meals for my fiancee or making Christmas cards for his family count as "unpaid work" - I have read some horror stories on these forums).
I suppose I'm looking for peace of mind, advice, and support, if any is on offer. While my fiance (and our solicitors) are optimistic, I sometimes struggle with blind positivity in cases like this. I do hope everything turns out alright -- I honestly cannot envision a future without my beloved Ross.
Thanks for reading/listening. I'm aware that these sort of journeys are never easy, and that many of you have struggled mightily with the immigration process as well. No matter where you are, personally, along this road, I am sending loads of love and positive energy to every one of you.
Thanks again,
Rachel
