k3 visa with criminal history?

[2bay 0]

Hi everybody,

im reading in this Forum since over an year now, i love the openess and the kindness of the people. Everybody is helpful only with writing down there personell experience in the whole immigration process.

My case is quiet difficult, and thats why i have trouble to find all the answers to my questions, but maybe somebody here can relate to my situation and help me out with some advise.

Im a turkish citizen with a permanent citizenship in germany (meaning im born and raised in germany, but posses a turkish passport). I enterred the states with a tourist visa in august 2006. After 3months i flew to the bahamas with my (fiance, at this time) and when we back enterred the states i got my stay extened for six months. The officers at the bahamian airport simply stamped in my passport. I also left the states during that time to get back to germany for 14days in november 2006. In july 2007 we married in san diego california. We started the AOS process. well till here everything is quiet normal. Unfortunately i left the states in november 2007 again, and this was the biggest mistake in the whole process. Even just a few moths after marriage we already had bad fights and i had till that time suffered 2miscarriages i was emotionally exhausted and i left without thinking twice. As if it wasnt already a complicated case -I also have a criminal record in germany with two listings....shoplifting. Plus when i applied for the tourist visa i did not answered with yes when they asked for criminal history. Well, very embarrasing now., but unfortunately i cant change the hands of time.

Now im since November 2007 back in Germany, and my husband comes every three moths to visit me. Our immigrant attorney in san diego, forwarded my papers to NVC (4weeks ago)and now im waiting for my interview date. I also have to expect that a waiver interview will be neccessary. So i will have to face two interviews. Im so scared that they deny me. I really hope i can go back to the states as soon as possible.

Is anybody out there who can tell me what to expect?

Thanks in advance to everybody who took their time to read my post.

2bay

[pushbrk 12,898]

Hi everybody,

im reading in this Forum since over an year now, i love the openess and the kindness of the people. Everybody is helpful only with writing down there personell experience in the whole immigration process.

My case is quiet difficult, and thats why i have trouble to find all the answers to my questions, but maybe somebody here can relate to my situation and help me out with some advise.

Im a turkish citizen with a permanent citizenship in germany (meaning im born and raised in germany, but posses a turkish passport). I enterred the states with a tourist visa in august 2006. After 3months i flew to the bahamas with my (fiance, at this time) and when we back enterred the states i got my stay extened for six months. The officers at the bahamian airport simply stamped in my passport. I also left the states during that time to get back to germany for 14days in november 2006. In july 2007 we married in san diego california. We started the AOS process. well till here everything is quiet normal. Unfortunately i left the states in november 2007 again, and this was the biggest mistake in the whole process. Even just a few moths after marriage we already had bad fights and i had till that time suffered 2miscarriages i was emotionally exhausted and i left without thinking twice. As if it wasnt already a complicated case -I also have a criminal record in germany with two listings....shoplifting. Plus when i applied for the tourist visa i did not answered with yes when they asked for criminal history. Well, very embarrasing now., but unfortunately i cant change the hands of time.

Now im since November 2007 back in Germany, and my husband comes every three moths to visit me. Our immigrant attorney in san diego, forwarded my papers to NVC (4weeks ago)and now im waiting for my interview date. I also have to expect that a waiver interview will be neccessary. So i will have to face two interviews. Im so scared that they deny me. I really hope i can go back to the states as soon as possible.

Is anybody out there who can tell me what to expect?

Thanks in advance to everybody who took their time to read my post.

2bay

This has been addressed in your other thread. Why the duplicate post days later?

[rebeccajo 14]

This has been addressed in your other thread. Why the duplicate post days later?

Maybe because she only got two responses and she's looking for a little more information?

2bay, I have moved your post to the Waivers Forum, where you might find more answers and less attitude.

[miamiwife 0]

Is there anyone with similar experience who can help 2Bay out? I have been wondering why not many people have given any advice. Any waivers or experience with problems as interview for a criminal background? Surely someone has some advice for 2Bay?

[2bay 0]

Is there anyone with similar experience who can help 2Bay out? I have been wondering why not many people have given any advice. Any waivers or experience with problems as interview for a criminal background? Surely someone has some advice for 2Bay?

thank you miami wife, that is very sweet of you :-)

[emt103c 10]

No one had answered because the post had not yet been posted to the waivers area. . .

2bay--You say that you know you are going to need a waiver. Did you obtain a waiver for the tourist visas as well? Did you acknowledge the charges on your tourist applications?

It does sound like you will need the waiver. The best place to go for information on the I-601 is going to be www.immigrate2us.net They have a ton of articles and information and sample letters there and a ton of people in the exact same situation as your are.

I don't actually think you will have to go for two interviews. . .generally they let you know you need the waiver at the first interview. . .if you have the waiver prepared they either let you submit it that day with the $545 fee or they tell you you must send it or submit it on a specific day. You don't normally have to be interviewed both times, only once.

Please answer the questions listed above as I'm trying to figure out if your waiver is only CIMT or Misrep as well.

[2bay 0]

No one had answered because the post had not yet been posted to the waivers area. . .

2bay--You say that you know you are going to need a waiver. Did you obtain a waiver for the tourist visas as well? Did you acknowledge the charges on your tourist applications?

It does sound like you will need the waiver. The best place to go for information on the I-601 is going to be www.immigrate2us.net They have a ton of articles and information and sample letters there and a ton of people in the exact same situation as your are.

I don't actually think you will have to go for two interviews. . .generally they let you know you need the waiver at the first interview. . .if you have the waiver prepared they either let you submit it that day with the $545 fee or they tell you you must send it or submit it on a specific day. You don't normally have to be interviewed both times, only once.

Please answer the questions listed above as I'm trying to figure out if your waiver is only CIMT or Misrep as well.

hi emt103c,

first let me say thank you for actually trying to help me to know what i have to expect. To answer your above marked question, NO, i havent need a waiver for my tourist visa, simply because i havent crossed yes on the application form when they asked for criminal record. I truly acted naiv, but more importantly i never thought i would marry an US Citizen and all the rest of my story...but anyways, no excuse. I really hope that this wont add on all the rest of the complications.

But im happy today, cause i actually have my inetrview date. Its on january 5th...and our attorney is already getting all evidences together for the waiver. It would be great if it would be done in one interview. I hope for the best but expect the worst! Thank you for your help.

Edited December 16, 2008 by 2bay

[emt103c 10]

Okay, well now that is a complication.

Because you previously checked "no" on the criminal questions, it is very likely that your waiver will be for both Misrepresentation and CIMT. Please check out the other website I mentioned and make sure that your packet is VERY well prepared.

You will need proof of rehabilitation (even though it's been a long time) and you will need VERY strong hardships. . .these charges are taken VERY seriously.

Also, please do not rely soley on your attorney. There are VERY FEW that are competent to handle cases like these and you need to check up even on them. This is your life and MANY attorneys screw up this part of the process.

Be very careful, I wish you good luck and a strong waiver package.

Check out I2US. . . .

[Boiler 45,549]

Might be an oversay as well, can not tell for certain.

[sus 70]

I have a friend that had entered under the VWP and checked no on the criminal charges, even though he had them. When he was trying to adjust status (long story that I won't fully go into, but yes, he was eligible under 245i), he was denied on fraud for having checked no - his charges were not serious, minor drunk and disorderly stuff - But checking no got him denied. I would very much prepare yourself for needing to file a waiver, and start lining your ducks up in a row now so that you can prove hardship and rehabilitation, etc...

I wish you luck.