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Filed: K-1 Visa Country: Netherlands
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Posted

Hello,

I have 2 questions. The first one is about the I-134 affidavit of support. Does my fiance in the USA have to fill out the I-134 and also the Co-sponsor or is only the Co-sponsor good enough?

My second question is about my criminal background. At the embassy you have to say if you have committed any crimes. I have committed 2. My first one I was an accomplice to stealing a pair of pants when I was 18 (in the Netherlands) and all I got for it was a fine because it was my first offence ever. In the Netherlands after 5 years small things go off your record (so they say). My second offense was last year. My fiance's sister called the cops (in the USA) and told them I hit her. Her friend backed up the story because they both hate me. I had no one as a witness so I got screwed on that one(pardon my language). They were swearing in front of children and went outside so I slammed the door on them and told them they couldnt come in until they acted mature. They cops dont believe 1 person. So I got a fine for that too. My question is do I have to tell the embassy of both of these crimes? and if so would this delay my entry by a long time?

thank you

Filed: K-1 Visa Country: Philippines
Timeline
Posted
Hello,

I have 2 questions. The first one is about the I-134 affidavit of support. Does my fiance in the USA have to fill out the I-134 and also the Co-sponsor or is only the Co-sponsor good enough?

My second question is about my criminal background. At the embassy you have to say if you have committed any crimes. I have committed 2. My first one I was an accomplice to stealing a pair of pants when I was 18 (in the Netherlands) and all I got for it was a fine because it was my first offence ever. In the Netherlands after 5 years small things go off your record (so they say). My second offense was last year. My fiance's sister called the cops (in the USA) and told them I hit her. Her friend backed up the story because they both hate me. I had no one as a witness so I got screwed on that one(pardon my language). They were swearing in front of children and went outside so I slammed the door on them and told them they couldnt come in until they acted mature. They cops dont believe 1 person. So I got a fine for that too. My question is do I have to tell the embassy of both of these crimes? and if so would this delay my entry by a long time?

thank you

All I can say is you better tell them of those crimes. You need to be upfront and honest. If they indeed already know of them, and you don't tell them in my opinion you could have lots of trouble. You need to be honest with all your paperwork.

Posted
Hello,

I have 2 questions. The first one is about the I-134 affidavit of support. Does my fiance in the USA have to fill out the I-134 and also the Co-sponsor or is only the Co-sponsor good enough?

Your fiance must fill out an I-134. If the fiance's income and assets are not sufficient to meet the public charge requirements (generally understood as exceeding 125% of the poverty guidelines as set forth in the current USCIS I-864P), you must have a co-sponsor. The co-sponsor's income and/or assets must be sufficient to meet the requirements by him/herself; you cannot add together your fiance's and co-sponsor's income/assets to meet the requirement.

My second question is about my criminal background. At the embassy you have to say if you have committed any crimes. I have committed 2. My first one I was an accomplice to stealing a pair of pants when I was 18 (in the Netherlands) and all I got for it was a fine because it was my first offence ever. In the Netherlands after 5 years small things go off your record (so they say). My second offense was last year. My fiance's sister called the cops (in the USA) and told them I hit her. Her friend backed up the story because they both hate me. I had no one as a witness so I got screwed on that one(pardon my language). They were swearing in front of children and went outside so I slammed the door on them and told them they couldnt come in until they acted mature. They cops dont believe 1 person. So I got a fine for that too. My question is do I have to tell the embassy of both of these crimes? and if so would this delay my entry by a long time?

thank you

You must admit both of these crimes.

For the conviction in the Netherlands, you will need to obtain certified arrest and court records, as well as translations. Larceny, even if petty, constitutes a crime of moral turpitude. Since it was a single occurrence and due to the minor nature, it will probably not cause you to be deemed inadmissible if you admit it fully.

As for the offense in the US, it sounds like a simple assault or disorderly conduct citation. Again, you should provide copies of the arrest and court records. They will have records of this from your background checks, so again, you must admit it. Simple assault and/or disorderly conduct are not considered crimes of moral turpitude, so again this should not render you inadmissible provided you admit and explain fully.

Moral turpitude (Wikipedia article): http://en.wikipedia.org/wiki/Moral_turpitude

State Department Foreign Affairs Manual - Notes on visa applicants who have committed crimes: http://www.state.gov/documents/organization/86942.pdf

Improved USCIS Form G-325A (Biographic Information)

Form field input font changed to allow entry of dates in the specified format and to provide more space for addresses and employment history. This is the 6/12/09 version of the form; the current version is 8/8/11, but previous versions are accepted per the USCIS forms page.

 
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