Fiancee background check in US

[Devildog 0]

My Fiancee was here on a F-1 Student Visa before from Aug, 07 to Aug 08. She has some hospital bills that's not paid off by her school insurance and the hospital has turned the balance over to the collection agency. Would that affect her coming to US on K1 visa? What do they check when they check on her background? I just wanted to make sure nothing would stop or delay the time for her to arrive here in the US. I've filed the I-129 in July and waiting for NOA-2 sometime at the end of this month or by next month.

Thank you in advance for your response!

[Mononoke28 134]

They only care about felonies that a person was charged or has been charged for. If her police certificate doesn't show any criminal activity, then she's fine.

Diana

[Dakine 26]

My Fiancee was here on a F-1 Student Visa before from Aug, 07 to Aug 08. She has some hospital bills that's not paid off by her school insurance and the hospital has turned the balance over to the collection agency. Would that affect her coming to US on K1 visa? What do they check when they check on her background? I just wanted to make sure nothing would stop or delay the time for her to arrive here in the US. I've filed the I-129 in July and waiting for NOA-2 sometime at the end of this month or by next month.

Thank you in advance for your response!

Not a great way to start off her journey in the US. If I were you I'd pay them so she can get a clean start.

[payxibka 10,045]

You had better learn what is covered in the definition of a Crime involving Moral Turpitude is... Depending on circumstance, you could have issues

[Devildog 0]

You had better learn what is covered in the definition of a Crime involving Moral Turpitude is... Depending on circumstance, you could have issues

What do you mean? Can you explain that in detail? Does having a debt in collection agency count as a moral turpitude?

[mikelovesgracey 0]

You had better learn what is covered in the definition of a Crime involving Moral Turpitude is... Depending on circumstance, you could have issues

Having unpaid bills is a civil matter. This has nothing to do with crimes of moral turpitude.

[mikelovesgracey 0]

You had better learn what is covered in the definition of a Crime involving Moral Turpitude is... Depending on circumstance, you could have issues

What do you mean? Can you explain that in detail? Does having a debt in collection agency count as a moral turpitude?

Crimes of moral turpitude are the second category of crimes that can impact a non-citizen’s ability to be allowed K1 visa approval into the United States. Federal circuit court decisions and the Board of Immigration Appeals define these crimes. Generally, a crime of moral turpitude is defined as a crime that encompasses a base or vile act. Although the case law interpreting the term is not entirely uniform, the following types of crimes have been held to involve moral turpitude:

* crimes (felonies or misdemeanors) in which either an intent to defraud or an intent to steal is an element;

* crimes (felonies or misdemeanors) in which there is an element of intentional or reckless infliction of harm to persons or property;

* felonies, and some misdemeanors, in which malice is an element;

* sex offenses, in which some “lewd” intent is an element.

Thus, murder, rape, voluntary manslaughter, robbery, burglary, theft, arson, aggravated forms of assault, forgery, prostitution and shoplifting have all been consistently held to involve moral turpitude.

The advise that this senior VJ member gave you is unfounded. As long as your fiance doesn't have a felony or misdemeanor in the United States you have absolutely nothing to worry about, but if she was here for over 6 months she will need a police clearance.

Mike

Edited November 5, 2008 by mikelovesgracey

[payxibka 10,045]

I guess you missed DEPENDING ON CIRCUMSTANCES... I cannot say with 100% certainty that this is either only in the hands of a collection agency or even on the civil side of the ledger... If circumstances do not exist then no problems... I however am not going to be so bold as to say no problem... Only with an understanding of where the "lines" are, can then and only then the OP make that determination.

Edited November 5, 2008 by payxibka

[mikelovesgracey 0]

I guess you missed DEPENDING ON CIRCUMSTANCES...

This is a civil matter there are no criminal circumstances involved.

[payxibka 10,045]

........................ but if she was here for over 6 months she will need a police clearance.

Mike

Also, a Police report from the USA is NOT needed at any time for an alien's presence in the USA as the USCIS can and will do it as a part of the process...

Edited November 5, 2008 by payxibka

[mikelovesgracey 0]

........................ but if she was here for over 6 months she will need a police clearance.

Mike

Also, a Police report from the USA is NOT needed at any time for an alien's presence in the USA as the USCIS can and will do it as a part of the process...

Ok I stand corrected on the police report. It Isn't required.

[mkg265 2]

I don't think it will affect her getting her visa but it will affect if you ever want to rent or buy a house together. She may be unable to get a cell phone without a large down payment. Credit cards, forget about it. Pay them now! The dept collectors will find you and her. I had one hospital debt collector track me down for a bill of $20.31! (My insurance didn't cover one test and I moved before I got the bill.)

(On a personal note, I think it's incredibly rude for someone to use a service and not pay for it, it's called stealing and it makes it more expensive for the rest of us. I don't care if it is a candy bar or medical services, it's stealing. I'm sorry, I feel very strongly about this matter)