CR-1 and petitioner background checks

[jessejames 0]

Hi guys,

We were going to go the k1 route, but I (the petitioner) have 3 alcohol related offenses. In an incredible twist of irony, it would be cheaper for me to fly to Colombia (a different hemisphere), marry her and fly back than it would to get certified police and court records from two different counties in California.

On the I-130 form, I see no questions about 3 three or more alcohol related offenses, unlike the I-129 form.

There is contradicting posts on this website regarding whether court/police records are needed for the CR-1 process.

Can anyone who has gone through the CR-1 process let me know if they had to deal with any background checks? Were any court/police records required?

Thanks so much,

Jesse

[MIBEN 83]

I had to provide a police report on the applicant but not on the petitioner. The USCIS I am sure will find this out during their processing of a K1 or Cr1. Either way be ready to explain the situation and get a copy of court papers. What you don't want to do is wait for them to mention it or wait to see if it is a problem and then appear to be hiding the facts. Be honest if the form does not require it then don't address it but be ready to answer questions about it and provide proof if requested. Putting your head underground will not make the facts go away.

Good luck

[Darnell 8,478]

I usually go by this - http://www.usaimmigrationattorney.com/SecurityNameChecksAndAdministrativeReview.html

[jessejames 0]

Right on, thanks for the replies.

I'm hoping there is someone else on the forum that did a CR-1 with 3 or more alcohol related offenses on their record. If I go to Colombia, marry her, come back and then have to supply certified court and police records... I just failed really bad.

[MIBEN 83]

I read a case from the Philipines with the same issue and she was denied the visa for her safety.

Good luck,

[jessejames 0]

Thanks Miben. Do you happen to have a link to that?

[Rodrique 3]

My friend, the case you are asking about is a K-1 visa that has IMBRA regulations that must be followed. Your best bet is the CR-1. You receivied some conflicting advice when told to not wait for them (USCIS) to bring it up as if you were trying to hide a material fact, and then told if you are not asked about it do not bring it up.......what gives here? The fact is that the I-130 does not ask that of you, so how are you trying to hide a fact? If you are requested to submit documents adressing this then at that point you should. You will have a problem with a K-1 as that is a direct question on the I-129F form. Bottom line, study and be prepared as CR-1 is your best option.

[Rodrique 3]

My friend, the case you are asking about is a K-1 visa that has IMBRA regulations that must be followed. Your best bet is the CR-1. You receivied some conflicting advice when told to not wait for them (USCIS) to bring it up as if you were trying to hide a material fact, and then told if you are not asked about it do not bring it up.......what gives here? The fact is that the I-130 does not ask that of you, so how are you trying to hide a fact? If you are requested to submit documents adressing this then at that point you should. You will have a problem with a K-1 as that is a direct question on the I-129F form. Bottom line, study and be prepared as CR-1 is your best option.

[jessejames 0]

Thanks Rodrique. Yeah, CR-1 definitely looks like the best bet. I just hope I don't have to jump through the same hoops that the K-1 visa requires.

We need more Americans with criminal records to fall in love with foreigners so this topic isn't so blurry. haha

[pushbrk 12,898]

Right on, thanks for the replies.

I'm hoping there is someone else on the forum that did a CR-1 with 3 or more alcohol related offenses on their record. If I go to Colombia, marry her, come back and then have to supply certified court and police records... I just failed really bad.

I can assure you that you will not be required to submit court records with an I-130 at any stage of the spouse visa process. That does not mean that the issue can't come up in an interview, so your spouse should be aware of your record and be prepared to explain what she thinks and/or feels about it.

[Julie y Pat 67]

I am the petitioner and have at least two alcohol related offenses, and was not required to submit any court records, and we are seeking an IR-1 visa. I made sure my wife was well aware of my record, because like Pushbrk said, it may come up during the interview. My wife interviewed in Bogota, and it did not come up in the interview, but I was not going to take a chance. We got Stoked a little, and fortunately made it through, but it had nothing to do with my record.

Getting married in Colombia has a few hoops for you to jump through, so I advise you to find out how to get an "apostille" in your state, for any documents you will need. They usually require the documents to be fresh, no older than 90 days. Have your fiancee check with a Notario to find out what documents they require.

[jessejames 0]

Thank you guys so much for the responses!

Julie & Pat, would you mind if I private messaged you later if I have a question? Since she will be interviewing in Bogota as well, it would be great to bounce any doubts of a couple veterans of the process.

Jesse

[Laure&Colin 558]

Not on the main subject but on how to get an apostille on a document in California (if that is indeed where you live), look at this link: http://www.sos.ca.gov/business/notary/authentication.htm

We also had to have an apostille added to Colin's birth certificate to be able to get married in France.

Basically, you have 2 options:

- you can go to Sacramento, then it's done immediately and you leave with your document and the apostille attached.

- you can't, and you do it by mail. It's not supposed to take very long.

In both cases the fee is $20, and it's pretty easy and fast to get.

[jessejames 0]

Not on the main subject but on how to get an apostille on a document in California (if that is indeed where you live), look at this link: http://www.sos.ca.gov/business/notary/authentication.htm

We also had to have an apostille added to Colin's birth certificate to be able to get married in France.

Basically, you have 2 options:

- you can go to Sacramento, then it's done immediately and you leave with your document and the apostille attached.

- you can't, and you do it by mail. It's not supposed to take very long.

In both cases the fee is $20, and it's pretty easy and fast to get.

Thanks Laure&Colin. Great information.

[rkk1 34]

Jesse and Julie - Although I wish both of you the best with your visa processes, I hope you both have addressed your drinking problems and gotten help. Not only is it not fair to put other innocent lives at risk (like mine or my families while we are driving on the roads), but it is not fair to your spouses as well. One of the best things you can provide them as they come in to the US is a STABLE family environment, as they are leaving everything to be with you and need that stability. I realize my husband is making an incredible sacrifice by leaving everything he knows to come here to be with me, and I can't imagine making things all the more harder for him, by my being out of control with substance abuse issues. Hopefully these issues were LONG in the past and no longer relevant now. I understand you came here for advice and not a lecture, but I just wanted to write this for your spouse's sake as well as other innocent people potentially at risk.

Edited December 29, 2011 by rkk1