Embarrassing Situation and its affect on a K1 application

[Dodi 69]

Ok guys, I need some help here.

It looks like something from 10+ years ago is coming back to haunt me - not from the USCIS, but just something I found in my own checking.

My ex had a bad habit of taking money out of our joint checking account after I'd already written checks for rent, bills, shopping, etc. Because he used cash and I'd written checks, the DA hit me with bogus check charges, and since I lived in a small town and had to travel to get anywhere, I had charges in more than one county. I couldn't prove that he had done it and I hadn't written bad checks on purpose, so I just begged for mercy, was on probation and paid them off, never heard another word about it. He did it again 5 years ago, and I threw him out. I am still paying on the one from five years ago (only started paying 2 years ago, but it was a MAJOR amount after all of their fees and fines).

I did a cursory search of my name in our state's court database and it looks like there was another check that I didn't know about in another county 10+ years ago. I never knew they'd filed charges, and I've been pulled over for a burned out tail light, they ran my license and nothing came up, but according to the online database a warrant was issued 13 years ago.

I am terrified and pulling my hair out. Will this affect my fiance's visa? It's not a violent crime, it's not a felony (in Oklahoma, if you have more than two checks they can charge you with a felony) there was one charge that was a felony, but they dismissed it with costs paid. I just don't want this to cause us to be denied. My ex is apparently still able to control my life, even though we're not married!!!

I'm embarrassed, I have told Peter all about this, it's not like it'd be any shock, but I don't want this to end up being the reason we can't get married. USCIS hasn't contacted me at all, but it's only been 3 weeks since they received my packet, so I don't know if it could just be a matter of time, and I'm so stressed out I'm sick.

Does anyone else know anything that would help me?

Edited June 28, 2010 by Dodi

[~ameriptian~ 54]

I don't know the answer to your question, but I just want to say..I am really sorry you have to go through this and pay, literally and emotionally, for someone else's mistake. I hope you have the peace of mind about it soon!

Good luck!

[JimVaPhuong 4,863]

It's not the sort of crime that would be covered by either the IMBRA or AWA. It wouldn't need to have been declared on the I-129F, and it doesn't affect your eligibility to sponsor your fiancee in any way. About the worst thing that could happen is you could be held up in security checks a bit longer at NVC.

Relax!

Oh, and try to get the warrant sorted out. If you get pulled over and it comes up you could end up spending a few days in jail. Better to get it taken care of before that happens.

[ScottThuy 140]

make sure the fiance is aware of everything in case it comes up at the interview.... As Jim said.. it could possibly slow things down at NVC but wont stop them...

[Dodi 69]

Thank you, guys. I've never been this embarrassed, and if you knew me, you'd know that's saying a lot!

I've read in threads that the only time a USC petitioner's criminal history has any bearing on the case is if it is AWA or VAWA related, but I've also read that people have gotten an RFE for court records (but didn't know what kind of crime it was) so I just didn't know, and I'm scared.

I love him so much, and we've been apart for the majority of 2 years. Every day is another agony, so the thought that my stupidity in trusting my ex could jeopardize our marriage is just too much.

And yes, Peter does know everything about the charges. We've been brutally honest with each other from day one. There isn't a single thing they could throw at him in the interview that he would be shocked about, because we've trusted each other and told each other everything from the start. That was our rule - no secrets or it wouldn't work.

Thank you again. I feel a little better. Time to try and get some sleep.

[RiaTan 5]

if it will appear in your police certificate, its a problem..

but if not.. its not a problem..

open also the situation to your fiance so you both work this out,,

have faith.. things will be better soon. dont forget your health...

i was so excited with my visa last month, cant sleep now got asthma and cough due to staying late for a month...\

maria

[Christi and Ian 24]

Regarding the warrant: highly unlikely you would be taken in for it - cited and released at best - the jails are too full of violent offenders to worry about someone who had a bad check.

I know that doesn't explain anything about the immigration part, because I honestly don't know about that, but the odds of you spending any time in jail for the outstanding warrant are slim to none.

[ScottThuy 140]

if it will appear in your police certificate, its a problem..

but if not.. its not a problem..

open also the situation to your fiance so you both work this out,,

have faith.. things will be better soon. dont forget your health...

i was so excited with my visa last month, cant sleep now got asthma and cough due to staying late for a month...\

maria

The Op is the USC and this post does not apply to this specific situation

[Dodi 69]

if it will appear in your police certificate, its a problem..

but if not.. its not a problem..

maria

Maria,

I'm the USC petitioner, so I wouldn't have a police certificate. He has no criminal history whatsoever, so his police certificate will be free and clear.

I hope you feel better soon. I have horrible asthma as well, so I know how you feel. Congrats on your approval.

[JimVaPhuong 4,863]

Regarding the warrant: highly unlikely you would be taken in for it - cited and released at best - the jails are too full of violent offenders to worry about someone who had a bad check.

I know that doesn't explain anything about the immigration part, because I honestly don't know about that, but the odds of you spending any time in jail for the outstanding warrant are slim to none.

It probably depends on where you are when you're confronted by the police. In California, a cop can lock you up for 3 days before he must either bring you in front of a judge and charge you with something or let you go. Only days that the courts are open count against those 3 days, so weekends and holidays don't count. They can arrest you on Wednesday, and they don't have to charge or release you until the following Monday. I presume there are similar laws in other states.

In some California cities, the cops routinely wait the maximum amount of time possible before bringing you in front of a judge. If you get picked up for a bench warrant then you can pretty much count on either making bail or spending 3 days in jail. I found this out the hard way when I didn't show up for court to resolve a ticket for a broken tail light, and about two months later I was hauled in for the bench warrant. I was arrested Wednesday afternoon, and didn't see the judge until Monday morning. He sentenced me to 3 days in jail for the failure to appear, wrote off the sentence for time already served, and dismissed the fix-it ticket because I didn't own the car anymore.

Ah, well... I was young and stupid!

[Christi and Ian 24]

It probably depends on where you are when you're confronted by the police. In California, a cop can lock you up for 3 days before he must either bring you in front of a judge and charge you with something or let you go. Only days that the courts are open count against those 3 days, so weekends and holidays don't count. They can arrest you on Wednesday, and they don't have to charge or release you until the following Monday. I presume there are similar laws in other states.

In some California cities, the cops routinely wait the maximum amount of time possible before bringing you in front of a judge. If you get picked up for a bench warrant then you can pretty much count on either making bail or spending 3 days in jail. I found this out the hard way when I didn't show up for court to resolve a ticket for a broken tail light, and about two months later I was hauled in for the bench warrant. I was arrested Wednesday afternoon, and didn't see the judge until Monday morning. He sentenced me to 3 days in jail for the failure to appear, wrote off the sentence for time already served, and dismissed the fix-it ticket because I didn't own the car anymore.

Ah, well... I was young and stupid!

It's not actually the cops that bring the charges against you, but the District Attorney. The police arrest you and bring the evidence to the DA, it's the DA that decides whether or not they want to file.

With the number of people crowding the jails, it's very unlikely that they will take up a bed based on a traffic ticket or a bad check - not impossible, but highly unlikely. I've seen people charged with child abuse, and drug charges get Fed Kicked within just a few days of being in jail, after being sentenced to 3 months.

It must have been a very slow day at the DA's office if they chose to hold you and bring charges because of a broken tail light, which is an infraction. I would imagine there was a misdemeanor failure to appear attached to it...?

[Dodi 69]

In Oklahoma, they generally won't come to your house over a bench warrant, but they will pick you up if they run your license over a traffice violation and find the warrant active. This being said, at times they change that. I was arrested 2 years ago from the charges that were filed 5 years ago. They had done a bogus check sweep in the county where the charges were filed and I was one of over 250 that they arrested in a 2 day period. I spent 2 1/2 hours in jail and was bailed out. I appear once a month at the bogus check court and make a payment. After all of the fees and fines, $1200 worth of checks (including rent and bills and a few $20~ checks for pizza and one to Walmart) the total they charged me was over $5800. Paying $150/mo, I've got about 15 months left to go. Hoping for a lottery win, but not holding my breath.

90% of Oklahoma district courts don't have thier records available in the state's OCIS database. Some of them still give a vague docket sheet online for each case, but don't give complete information, some of them aren't online at all. It's only been in the last few months that this particular county has put their information into the state's OCIS database. (Trust me, I'm a paralegal, so it's not like I haven't searched my name before, I just didn't find it till now because it wasn't there!)

[Dodi 69]

Also, my ex did get one charge brought against him 13 years ago, but not for as much because he didn't usually write checks, since he always took the cash. He was in the army, so they didn't touch him, UNTIL he chaptered out of the army and we came back from being stationed in Germany. He was nabbed at the airport in Dallas when he stepped off the plane and the IO ran his passport. He'd been flagged for the warrant here in Oklahoma. It was November, and they were having a freak snowstorm, so he ended up spending a week in the county jail in Dallas before they could extradite him back to Oklahoma.

I flew to the UK in March and came back, they ran my passport in Minnesota and cleared me, no problems. Don't know if it's because the warrant is so old or if it really just didn't show up. Hopefully it'll just stay that way until I've got the money to deal with it.

[KittyPollitt 284]

After looking at the I 129f, these are not crimes that even need to be reported on that form. I actually DO have a felony on my record that I served time for (I was a dumb kid), and it did not effect the petition's approval. You really do want to get that warrant taken care of, though.. From experience, I can tell you that old warrants will sneak up on you, and at the WORST times. Sooner you clear it up, the better. Turn yourself in, you'll be fine.

[MRStee 19]

I don't know the answer to your question, but I just want to say..I am really sorry you have to go through this and pay, literally and emotionally, for someone else's mistake. I hope you have the peace of mind about it soon!

Good luck!

I agree whole-heartedly with this post..