Questions before filing K1

[hiswifey73 0]

My fiance was plead guilty to a domestic dispute 11 years ago, and was sentenced for 52 weeks counselling. After his probation, he became a volunteer counselor. As for me, in 2009 I tried to claim my US citizenship through my american father but the USEM closed my case because of insufficient evidences, lack of cooperation etc. And few months after that, I applied for a US tourist visa with my children but we were denied... Are they gonna be able to check my previous applications on their database? Will my previous applications and my fiance's case affect our ability to petition for a k1 visa or would that be enough reason to delay our application? And if they would accept our petition, would they still send us an RFE eventhough we submit his case documents and a notarized letter from his ex girlfriend?

Has anyone been through the same situation?

[SunDrop 59]

My fiance was plead guilty to a domestic dispute 11 years ago, and was sentenced for 52 weeks counselling. After his probation, he became a volunteer counselor. As for me, in 2009 I tried to claim my US citizenship through my american father but the USEM closed my case because of insufficient evidences, lack of cooperation etc. And few months after that, I applied for a US tourist visa with my children but we were denied... Are they gonna be able to check my previous applications on their database? Will my previous applications and my fiance's case affect our ability to petition for a k1 visa or would that be enough reason to delay our application? And if they would accept our petition, would they still send us an RFE eventhough we submit his case documents and a notarized letter from his ex girlfriend?

Has anyone been through the same situation?

I'm going to move your post out of the Philippines regional forum, because you'll get more advice. This isn't a region specific question.

If your fiance is a USC, then unless his offense fell under the Adam Walsh Act (sex offenses) then his record has absolutely no consequence on your petition.

As to your previous dealings with the USCIS, yes, they can see it all and any time you're asked for information about previous petitions etc, you should list them.

As to how it will affect your visa, as long as you've met in person within the past 2 years, the petition should be approved. The visa could be a slightly different story but that will depend more on your relationship history. Remember what they're looking for is people who are getting married because they want to get into the US by any means necessary. Just having a denied tourist visa isn't usually enough to have them question your intent, but if you have a lot of attempts and only a short relationship then expect a little more probing.

[hiswifey73 0]

Thank you for your response SunDrop. My previous applications were made in 2009. I just applied for a tourist visa because my mother won't cooperate with us with them paperworks to claim my us citizenship. And I just wanted to see my biological father and my half brothers. I had no idea it was that hard for Filipinos to obtain just a tourist visa. My fiance and I met HERE in the Philippines last July 2010. We decided to do the K1 this year. It's really difficult since my career here in the Philippines has just started. But I need to be with my baby... (He can't move here, he's a single Dad solely taking care of his minor children) And oh one more thing, my job is requiring me to go to CA for 12 days training this coming May but I have speculations that if my fiance will submit the packet, let's say next week, my company trip to Cali would affect our petition? Can someone clarify this for me please? Thanks in advance.

[SunDrop 59]

Your business trip to Cali won't affect the K-1 petition in any way, no.

I don't have enough experience with CRBA and the USEM to accurately comment on how curious they're going to be about the fact you attempted to claim your US citizenship. Sounds like a fair amount of time between attempting to get your tourist visa and submitting the petition. I think it would be a different story if you were denied a tourist visa, next day signed up to a dating site, meeting someone within a couple months and filing the petition immediately upon his return. But that's not the case...

Out of personal curiosity, what is it that they need your mom to do/ provide that she isn't for you to get your citizenship, and why isn't she helping? Please don't feel you have to reply, as I said, it's more for my personal interest than anything.

[hiswifey73 0]

Wow! Thank you SunDrop! Your response made me so happy! I am going to call my fiance tomorrow when I get off from work and tell him this news! I need to see him soon, I terribly miss him! About my mother, its a 27 year-old story and not worth sharing with you guys. Me and my Dad let it go long time ago.