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ESTA - conviction - pregnant

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  • ESTA - conviction - pregnant

    Keeping this short as possible . But more than likely not :
    ​​But im looking for advice . Not to be Judged .

    i enter the USA 6 year ago . Carried on nursing and gaining qualifications and i have 2 years left before being a GP hopefully .
    IVe been a nurse for over 20 years with alot of qualifications in both the USA and UK

    Easy for me to come to the USA as my mum is British and my late father was Spanish . Part of the home guard and they travelled the world which led to me being born in the states.
    my parents still have properties in the USA . I have recently relocated to just out side vegas on a new hospital contract where i am staying with my aunt untill i sort my own place.

    ​​ met my other half online 6 month before lock down . He visited me . Straight through no issues on ESTA.
    Just before lockdown he reaplied for his ESTA which was due to expire and he was good again with a new ESTA.
    ​​​​
    I want to bring my other half to the states . Finnish Finnish my GP course then look at relocating back to the UK. I have bought some land near vegas from my mum and plan to build something there for our future . Possibly some time in UK and time on the USA .
    I earn a decent wage and know i can sponsor my other half

    But...

    I have visited the UK a few month ago and although we are happy to say that im pregnant we are also in a bit of a panic and may lead us to just leave the USA give up everything

    Problems .

    Over 20 year ago my other half got into trouble with police . Non of which he is proud of and we cant turn back time
    DOI and did serve time. 6 weeks

    Another driving while disqualified and another 6 weeks ..
    after a messy break up with his daughters mum where he was refused access to his child . Again no excuse but it happend.
    ​​​​​

    ABH charge where a man tried to assault his ex girlfriend while pregnant and my other half protecting her and he got charged that was 24 year ago

    He is 45 and these happend over 20 years ago .
    Without him realising he thought those would be spent convuctions . On esta he said no.

    Hasnt been an issue untill now .when i pointed it out to him where we both are now at panic stations .

    He usuallyusuals from Dublin to the USA cheaper for us but also US immigration is done this side not when in the states unless that has now changed .

    If he uses the current still valid ( on paper ) ESTA . ESTA visits me and i propose to him.
    He doesnt know i am thinking about this.

    ​​​This is a IF....
    if i ask him to marry me if he did visit . Stay past the 90 days and get married. I am thinking that if we go for AOS . Will it flag up as he didnt give his convictions / arrest for his ESTA, and so affect AOS once he gets a copy of his record posted .

    -# Yes i know this would be classed as visa fraud no matter if he did or did not realise that convictions were not classed as spent in the USA

    -# yes i do know that the idea of getting married if he on esta is similar to the abotheif he enters knowing we will get married


    would this make him even less likely for a waiver?

    I know having a child wont give him any right to be here but i need him here to support me and our baby .

    I do not want to fly now and hope when things open up he can visit . If he applies for a visa and shows his records yes he could be denied and we know it could take over a year .

    I do not want to give up my hard work and gp training in the USA unless i realy have to .But i will if there is no other option.
    To have my other half with myself and baby we will do whats needed but the sooner we can be together is what i need for my health and our baby.

    He isnt looking for a green card . Just to be with his family while i finnish my training and go from there.

    Thanks in advance and please no judging . Just trying to find best options / answers but i do think we will have to give up hope of being in the usa together and both move back to the uk permanently.


    Thanks Nicky x

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