US Citizens Criminal convictions - chances of K1 visa for fiance?

[katrinacov 0]

I might have asked this...maybe not.

I am the US Citizen, and I am about to get convicted for two misdemenors - embezzling and larcony. I will probably (90% chance) be assigned probation.

My question is will this affect my chance of getting a K1 visa for my non american fiance? We are wanting to apply for the K1 and send in our I-129f packet, but im afraid my criminal record will keep us from getting accepted?

Sidenote - and i dont assume anyone will know this, but I am dual citizen, and while on probation I am allowed to travel with a probation letter and approval from my probation officer, say down the road I get married to my fiance in his country. I wonder if there is any chance I can move to that country (England) while still on probation to be with my husband?

thanks.

im really upset about all of this,

[Old Dominion 26]

You have every reason to be upset. Conviction on these felonies changes your life and removes some of the rights we take for granted. Probation means that you are under the watchful eye of the court.

Can your lawyer work out some better plea bargain for you?? Does your BF know of this development?

Good luck.

[katrinacov 0]

You have every reason to be upset. Conviction on these felonies changes your life and removes some of the rights we take for granted. Probation means that you are under the watchful eye of the court.

Can your lawyer work out some better plea bargain for you?? Does your BF know of this development?

Good luck.

well i was assigned a public defender, so they are not very realiable. Im going to ask them the day of my sentencing if they could get the 1 year probation lowered. 6 month probation shouldnt be too bad. This is my first offense. But public defenders arent very worried about helping me.

[Brother Hesekiel 2,235]

As a USC allowed to travel, you can without problems marry your finance in The Kingdom. Once you come back to the US, you file the CR-1 visa for him. You'll have to disclose your criminal conviction and Uncle Sam will inform your finance of it in order to protect him from surprises (Federal paternalism at its best), but since you are not a sex offender I don't see a reason why a CR-1 in your case should be denied.

[Christi and Ian 24]

well i was assigned a public defender, so they are not very realiable. Im going to ask them the day of my sentencing if they could get the 1 year probation lowered. 6 month probation shouldnt be too bad. This is my first offense. But public defenders arent very worried about helping me.

Actually, Public Defenders are in front of the judge every single day. They know the D.A.'s - they know what offers will be acceptable and what offers will be rejected.

As opposed to Private Attorneys, they aren't in it for the quick buck. They don't ask for a $5,000 retainer, and then show up to court once, and keep all of the money.

Public Defenders don't file motions that would be pointless. A private attorney will file motions that they know haven't a chance in hell because the more time they spend on your case, the more money they make.

More likely than not, a Public Defender is in it for the principle, to help people, not because they're not capable of being private attorney's themselves.

There are also sentencing guidelines. The law dictates what the minimum sentence will be - not the Public Defender, not the D.A., not the judge. The LAW.

[Deputy Purple 1,294]

Actually, the I-130 for CR-1 Visa doesn't ask about the petitioner's criminal history unless they've changed that since last year.

[justashooter 430]

More likely than not, a Public Defender is in it for the principle, to help people, not because they're not capable of being private attorney's themselves.

There are also sentencing guidelines. The law dictates what the minimum sentence will be - not the Public Defender, not the D.A., not the judge. The LAW.

PD are usually new to the career and have not enough experience/connections/capital to set up a private practice or buy into one. some are idealists, but that usually doesn't last long.

sentences are given with respect to the charge convicted of. if you have been convicted of embezzling/larceny that means that you took cash that didn't belong to you through manipulation of a company's books, most likely. this doesn't play well in America, regardless of whether it's your first offense, or tenth.

if you are guilty, you should get more than probation. you should be required to make restitution, at a minimum, and should lose any professional liscense you may have. IMHO you should also serve time if there was serious money involved. if you are not guilty you should not accept any plea, rather, you should prove yourself innocent.

your probation may be as lenient as you suppose, or it may involve travel restriction. this is common. you might be restricted from travel out of state, much less country.

AWA is about sex offense and spousal abuse. if you sponsor an immigrant you will be required to complete a form testifying to a few things that will be considered by the service center that approves any petition. the service center places people in the AWA pile on basis of the answers on that form. teh service center does run a NICS check on every form to make sure the answers are correct.

Edited April 15, 2010 by justashooter

[toma1 10]

if you are not guilty you should not accept any plea, rather, you should prove yourself innocent.

What a ridiculous statement.

[toma1 10]

I wonder if there is any chance I can move to that country (England) while still on probation to be with my husband?

Paragraph 320(18) of the Immigration Rules requires that admission to the UK should normally be refused if the traveller has been convicted of an offence in any country which, if committed in the UK, would be punishable by imprisonment of 12 months or more.