I-129F & K1

[seemingly 0]

I saw that the K1 applicant (non- u.s fiance) my be denied because the petitioner (u.s citizen) has a criminal background that includes a violent/partner abuse conviction. This conviction dates back to 1993 and there has not been any police contact since. When the K1 applicant is being considered, does the USCIS take in to consideration when considering the I-129F the length of time since the conviction or do they deny the K1 regardless? Anyone with any information please respond.[/size]

[payxibka 10,047]

I saw that the K1 applicant (non- u.s fiance) my be denied because the petitioner (u.s citizen) has a criminal background that includes a violent/partner abuse conviction. This conviction dates back to 1993 and there has not been any police contact since. When the K1 applicant is being considered, does the USCIS take in to consideration when considering the I-129F the length of time since the conviction or do they deny the K1 regardless? Anyone with any information please respond.[/size]

The K-1 applicant is not even considered in the petition process in this regard... if the petitioner has an issue, it will be resolved before the petition is approved and long before the k-1 can be applied for.

Edited February 16, 2009 by payxibka

[pushbrk 13,123]

I saw that the K1 applicant (non- u.s fiance) my be denied because the petitioner (u.s citizen) has a criminal background that includes a violent/partner abuse conviction. This conviction dates back to 1993 and there has not been any police contact since. When the K1 applicant is being considered, does the USCIS take in to consideration when considering the I-129F the length of time since the conviction or do they deny the K1 regardless? Anyone with any information please respond.[/size]

To my knowledge petitions are denied based on US Citizen's criminal record ONLY if the conviction relates to the Adam Walsh Act. Convictions related to domestic abuse must be disclosed and court records provided as part of IMBRA but that's all about informing the intending immigrant, not denial or approval of petitions.

[seemingly 0]

I saw that the K1 applicant (non- u.s fiance) my be denied because the petitioner (u.s citizen) has a criminal background that includes a violent/partner abuse conviction. This conviction dates back to 1993 and there has not been any police contact since. When the K1 applicant is being considered, does the USCIS take in to consideration when considering the I-129F the length of time since the conviction or do they deny the K1 regardless? Anyone with any information please respond.[/size]

The K-1 applicant is not even considered in the petition process in this regard... if the petitioner has an issue, it will be resolved before the petition is approved and long before the k-1 can be applied for.

The petitioner no longer has an issue and it was resolved in 1993. So judging from your answer, The application process should go off without a hitch.

[pushbrk 13,123]

I saw that the K1 applicant (non- u.s fiance) my be denied because the petitioner (u.s citizen) has a criminal background that includes a violent/partner abuse conviction. This conviction dates back to 1993 and there has not been any police contact since. When the K1 applicant is being considered, does the USCIS take in to consideration when considering the I-129F the length of time since the conviction or do they deny the K1 regardless? Anyone with any information please respond.[/size]

The K-1 applicant is not even considered in the petition process in this regard... if the petitioner has an issue, it will be resolved before the petition is approved and long before the k-1 can be applied for.

The petitioner no longer has an issue and it was resolved in 1993. So judging from your answer, The application process should go off without a hitch.

The petition approval should not be impacted by the US Citizen's criminal record but the "application process" refers to the foreign fiance(e) after the petition is approved. The "applicant" (foreigner applying for a visa) must be "eligible". That's a separate determination from the US Citizen's petition process.