Felony Conviction & Probation

[ecirnala 9]

I am wanting to know if me having a recent felony conviction (agg battery) will have any affect on my fiances K1 application. I am currently appealing the conviction & I do expect to win, but I'd like to be prepared just in case I don't. Thanks for the help.

I also forgot to include that I am on house arrest for another year & still have about 12 years of probation if I do not win my appeal. Thanks

[thelastpetitioner 218]

Op you need a lawyer. Between your financial situation and your criminal background,it's best you at least talk to a lawyer

[baron555 934]

I am wanting to know if me having a recent felony conviction (agg battery) will have any affect on my fiances K1 application. I am currently appealing the conviction & I do expect to win, but I'd like to be prepared just in case I don't. Thanks for the help.

I also forgot to include that I am on house arrest for another year & still have about 12 years of probation if I do not win my appeal. Thanks

Most probably yes since you probably didn't reference this on the 129F form but now it is in the 'system". Expect an RFE and possible delay until all is settled. I would suggest to refrain from such in the near future. Make sure your fiance(e) knows about all the facts.

[newlyweds2010 208]

I assume you are the USC. I think only a handful of crimes prevent you from petitioning an alien fiance(e). I can't recall whether aggravated battery is among them, but I suspect it's not. Still, calling a qualified immigration lawyer may be helpful, at least for your own peace of mind through the stressful visa process. Many lawyers allow a 30-minute free consultation either in person or by phone, and you can take it from there.

[Winning23 25]

I am wanting to know if me having a recent felony conviction (agg battery) will have any affect on my fiances K1 application. I am currently appealing the conviction & I do expect to win, but I'd like to be prepared just in case I don't. Thanks for the help.

I also forgot to include that I am on house arrest for another year & still have about 12 years of probation if I do not win my appeal. Thanks

Probably will trigger a RFE and further investigation into your background. Like others said talk to a lawyer.

[ecirnala 9]

Thanks guys, but I have no idea what all of the abbreviations mean (OP, RFE, USC), I'm pretty much clueless. I need all the help that I can get. I haven't turned in any forms at all yet & right now I am just trying to learn all that I can while trying to fill out the necessary forms as I am able to confidently do so. My fiance does know about everything that has happened & is very supportive of me, some of her family also knows & they are also supportive as well. The Agg. Battery charge resulted from a situation where I was defending myself against two attackers & as far as I am concerned & according to most peoples opinion was a clear case of self defense (although I did get convicted & now have to deal with the results of that conviction). I have been trying to fill out the I29F the best that I could & from what I've seen Agg. Battery isn't mentioned anywhere on it. It does list some other crimes, mostly dealing with people having been kidnapped, forced to do things against there will, falsely imprisoned & so on.

[cmoore25 4]

OP = Original Poster

RFE = Request for Further Evidence

USC = United States Citizen

[ecirnala 9]

OP = Original Poster

RFE = Request for Further Evidence

USC = United States Citizen

Thanks for the help cmoore25. Now it all makes a little more sense. lol

[NoneYa 73]

My understanding is that Agg Battery will not prevent you but hopefully you checked the box that you were convicted if at the time you sent that you already were. If you signed the form and sent it and checked "No Convictions" but yet you had one, that will be the biggest problem you will have. That is all I know. I don't know how big a problem but always be truthful to the government on everything or else they will have reason to deny you.

The only reason you have to disclose this is for the Foriegner to be informed about it and be aware that you have been convicted. That is what that is all about. Search on this forum for Adam Walsh Act.. crimes against children. That is the only crime that I am aware of that will cause them to flat out deny anyone.

Get a lawyer that specializes in it but not the ones that claim to be the best.. just one that does a lot of volume with the Indonesia Embassy for K1's.

Good luck !

[ecirnala 9]

My understanding is that Agg Battery will not prevent you but hopefully you checked the box that you were convicted if at the time you sent that you already were. If you signed the form and sent it and checked "No Convictions" but yet you had one, that will be the biggest problem you will have. That is all I know. I don't know how big a problem but always be truthful to the government on everything or else they will have reason to deny you.

The only reason you have to disclose this is for the Foriegner to be informed about it and be aware that you have been convicted. That is what that is all about. Search on this forum for Adam Walsh Act.. crimes against children. That is the only crime that I am aware of that will cause them to flat out deny anyone.

Get a lawyer that specializes in it but not the ones that claim to be the best.. just one that does a lot of volume with the Indonesia Embassy for K1's.

Good luck !

Thanks DaleFlorida. Does anyone have any ideas on how to even get started looking for a lawyer or what I should expect to pay?