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Tunisianlover

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Filed: K-1 Visa Country: Tunisia
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I just want to clarify one thing regarding the police report. The relevant info is not whether he was fined or jailed, but rather the nature of the crime for which he was fined or jailed. While it is at the CO's discretion, most crimes can be considered a CIMT and thus make one inadmisible without a waiver. The law excludes only the following under "Exception-Clause":

"(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed)."

(emphasis added)

So the question is not what sentence he received, but the maximum sentence he could have received for the crime in question.

My original question was about our proof has nothing to do with the criminal report, The crime was practically a parking fine. My original was about the evidence of meeting in the past 2 years. Thats what I am having a problems with.

The fines are minor enough to be taken off his record.

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Filed: Citizen (apr) Country: Morocco
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I just want to clarify one thing regarding the police report. The relevant info is not whether he was fined or jailed, but rather the nature of the crime for which he was fined or jailed. While it is at the CO's discretion, most crimes can be considered a CIMT and thus make one inadmisible without a waiver. The law excludes only the following under "Exception-Clause":

"(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed)."

(emphasis added)

So the question is not what sentence he received, but the maximum sentence he could have received for the crime in question.

My original question was about our proof has nothing to do with the criminal report, The crime was practically a parking fine. My original was about the evidence of meeting in the past 2 years. Thats what I am having a problems with.

The fines are minor enough to be taken off his record.

Is the incident on the police report within the last 2 years?

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Filed: K-1 Visa Country: Tunisia
Timeline
I just want to clarify one thing regarding the police report. The relevant info is not whether he was fined or jailed, but rather the nature of the crime for which he was fined or jailed. While it is at the CO's discretion, most crimes can be considered a CIMT and thus make one inadmisible without a waiver. The law excludes only the following under "Exception-Clause":

"(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed)."

(emphasis added)

So the question is not what sentence he received, but the maximum sentence he could have received for the crime in question.

My original question was about our proof has nothing to do with the criminal report, The crime was practically a parking fine. My original was about the evidence of meeting in the past 2 years. Thats what I am having a problems with.

The fines are minor enough to be taken off his record.

Is the incident on the police report within the last 2 years?

Yes.... it happened when I was there.

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Filed: Citizen (apr) Country: Morocco
Timeline
I just want to clarify one thing regarding the police report. The relevant info is not whether he was fined or jailed, but rather the nature of the crime for which he was fined or jailed. While it is at the CO's discretion, most crimes can be considered a CIMT and thus make one inadmisible without a waiver. The law excludes only the following under "Exception-Clause":

"(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed)."

(emphasis added)

So the question is not what sentence he received, but the maximum sentence he could have received for the crime in question.

My original question was about our proof has nothing to do with the criminal report, The crime was practically a parking fine. My original was about the evidence of meeting in the past 2 years. Thats what I am having a problems with.

The fines are minor enough to be taken off his record.

Is the incident on the police report within the last 2 years?

Yes.... it happened when I was there.

Well, there's proof right there that he was in Italy during that time. I would include a copy with the I-129F as evidence.

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Filed: Citizen (pnd) Country: Morocco
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I would most certainly get as many letters of support from people from Italy that knew you as a couple. Have them write some specifics of when and where they were when they first met you. I would for sure add them to my initial petition. If I had known what I know now it could have saved us a denial and an additional 15 months trying to prove our relationship is real.

'Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways - Chardonnay in one hand - chocolate in the other - body thoroughly used up, totally worn out and screaming 'WOO HOO, What a Ride'

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Filed: K-1 Visa Country: Tunisia
Timeline
I would most certainly get as many letters of support from people from Italy that knew you as a couple. Have them write some specifics of when and where they were when they first met you. I would for sure add them to my initial petition. If I had known what I know now it could have saved us a denial and an additional 15 months trying to prove our relationship is real.

Yes both Jenn and you are genius...... I was having my mom write a letter and some friends to help. I was going to get copies of our phone bills for a few months proving we both have a valid account with vodafone. Showing time and dates of the call we made to each other while being in Italy. Hopefully that would work. thanks girls for everything.

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  • 1 month later...
Filed: K-1 Visa Country: Albania
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My situation is exactly like yours. My fiance is illegal in Britain and he is Albanian. we have been together for nearly 4 years. i have never been to albania- our relationship has occurred exclusively in the country he lived in illegally. I told them the truth about his status and how he is living there illegally. i sent in all my passport stamps and pictures - that's it. we got approved.

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