Criminal Background Question

[LnS 1]

So I have 3 drug- and alcohol-related charges from when I was a juvenile, and, therefore, I would have to check "Yes" on Part C of the I-129F form and provide all certified court and police records etc. It's my understanding that this information will be presented to the fiancee at the time of the interview, and some CO's might give the couple a hard time about it, even if the beneficiary has full knowledge of the record.

I'm wondering if there would be any benefit at all if the petitioner were to write up some type of disclosure statement and have the beneficiary sign it acknowledging that she is fully aware the criminal record and include that paper with the petition sent to the USCIS? I think about this because whether or not she acts "surprised" when the court records are presented to her during the interview is very much at the discretion of the CO. Discretion scares me, even though ultimately the whole process seems based on their discretion. But might this do any good at all? Perhaps it would remove one more judgement call the CO is allowed to make? Or perhaps such a document might aggravate him? Any thoughts on this?

Edited January 8, 2012 by Lennard

[sofya 10]

My take on this would be this: discuss this openly and fully with your foreign beneficiary before you file the paperwork. On the day of my interview at the Embassy in Moscow I witnessed another applicant having a hard time answering questions of the consular officer about violations indicated in the paperwork. After about 30 minutes (!) of grappling with answers (he could not name the official charges and instead kept going in circles describing what happened), the interviewee was not given the visa. I am fairly confident that your beneficiary MUST demonstrate full knowledge of facts of your life at the time of the interview, otherwise the relationship raises a red flag. Any "official" disclosures wouldn't matter here, because ultimately the decision to approve or deny the visa depends on the interviewing consular officer. So if your beneficiary fails to convince the officer that he/she is fully aware of your past and that your relationship is valid notwithstanding those facts, it may cause some problems in the getting your visa approved.

So, in short:

1) discuss everything in much detail with your beneficiary (what, where, when, why, how, with whom, and how it all ended, including formulations of official charges)

2) provide the beneficiary with copies of the visa paperwork you file

3) coach your beneficiary before the interview (you will have to do it anyway to make sure you're on the same page with all the dates, income data, family names and other stuff)

Good luck!

Edited January 8, 2012 by sofya

[baron555 934]

So I have 3 drug- and alcohol-related charges from when I was a juvenile, and, therefore, I would have to check "Yes" on Part C of the I-129F form and provide all certified court and police records etc. It's my understanding that this information will be presented to the fiancee at the time of the interview, and some CO's might give the couple a hard time about it, even if the beneficiary has full knowledge of the record.

Maybe but she should have knowledge of all and not be afraid to be questioned about it.

I'm wondering if there would be any benefit at all if the petitioner were to write up some type of disclosure statement and have the beneficiary sign it acknowledging that she is fully aware the criminal record and include that paper with the petition sent to the USCIS?

No, will not help or do anything. I'd not include it.

I think about this because whether or not she acts "surprised" when the court records are presented to her during the interview is very much at the discretion of the CO. Discretion scares me, even though ultimately the whole process seems based on their discretion. But might this do any good at all? Perhaps it would remove one more judgement call the CO is allowed to make? Or perhaps such a document might aggravate him? Any thoughts on this?

Concentrate on your relationship and don't get bogged down in your own overthinking; make sure she knows everything and all will be fine.

[LnS 1]

Thanks for the replies from you both.

sofya, thanks for making me aware of that. I hadn't discussed the "official charges" with my girlfriend. I just explained to her everything that happened. Your reply might save us a big heartache if we decide to move forward with this visa.

[sofya 10]

No problem. Just be prepared for the bureaucracy

[LnS 1]

No problem. Just be prepared for the bureaucracy

sofya, did you manage to hear what the person's criminal charges were? I'm a bit worried now

[sofya 10]

Yes, the dude got caught buying alcohol for minors when he was in the U.S. previously.

sofya, did you manage to hear what the person's criminal charges were? I'm a bit worried now

But don't worry too much yet. After all, these are questions about your past, not hers, and she's the one who is being scrutinized to be let inside your country permanently. So I would focus on complete disclosure of your facts of life with her to ensure a bona fide relationship, and everything else will be just fine.