k1 visa but has criminal records

[conlyne 0]

good day. i have some concerns and i hope to hear advices from you guys.

my fiance is about to file his k1 petition to the USCIS this month but we have doubts if he will pass it or not... the situation is this. he had criminal records before, 2 counts of DUI 10+years ago and one pending DUI from this year february and he had this 1 count of child endangerment also 20+ years ago, its not his child but its his ex-gf's child. anyways, would these records affect our petition??? if yes, what do we need to do??? is it advisable to pass our petition this month even if he have these records??? he will be seeing his lawyer for his pending DUI for feb 2014 next month, do we need to wait first for the lawyer to clear this?? and ohh by the way, when he had these counts he wasnt put on jail for a long period of time. he said the longest time he was on jail was just about 2 weeks.

and if ever he will pass his k1 petition this month and he have these records including this one pending DUI, will the USCIS deny his petition right away??? or will they contact him for him to provide all the papers needed like police records to prove that he is not a threat.

thanks in advance guys...

Edited July 10, 2014 by conlyne

[Al422 221]

3 DWIs is a problem. Is this his first or second petition? I think all they do on #1 or #2 is notify you, so no big problem here.

The child endangerment can be a big problem. DId that get him on the sex offender registry? If so he can be barred from filing; also many countries will not let someone on the registry in.

[CowBoE 429]

I'm not trying to be mean but go read what you have written.

Would you let your daughter marry such a person?

Alcohol addictions are not something that will go away easily.

He was caught DUI 3 times, but can you imagine how many other

many dozens of times he was driving intoxicated?

Also, a grown up big man endangering in a small child is also

another sign of major character issue.

For some, coming to US at all cost is a big thing,

but you want to be in a "happy" and "safe" marriage.

Someone who's abusive to a little child, can definitely be abusive to grown up spouse.

I think this man could potentially be a time bomb.

therefore, I would first seriously reconsider the relationship.

There are plenty of good man out there.

[conlyne 0]

3 DWIs is a problem. Is this his first or second petition? I think all they do on #1 or #2 is notify you, so no big problem here.

The child endangerment can be a big problem. DId that get him on the sex offender registry? If so he can be barred from filing; also many countries will not let someone on the registry in.

Hello, good day to you

As far as i understood, he only have 2DUI for now coz the other one is still pending, so theres still a chance for that one to not be included on his record. A crime is not a crime unless you are proven guilty, is what i believe...and this is his first time to file a petition, so hope there wont be a problem...about the child endangerment case, it wasnt really very rude like he hurt the child physically, its not like that..all he did was he left the child on the crib coz he went outside but he kept on coming back to the house and checked the child and in fact when that thing happened the hild was with his two aunts looking after him. Guess some of the police officers were just jealous of him of reasons i dont have to explain...he was never in a sex offender registry even once...

So, do you think there will be a problem about it???

[conlyne 0]

I'm not trying to be mean but go read what you have written.

Would you let your daughter marry such a person?

Alcohol addictions are not something that will go away easily.

He was caught DUI 3 times, but can you imagine how many other

many dozens of times he was driving intoxicated?

Also, a grown up big man endangering in a small child is also

another sign of major character issue.

For some, coming to US at all cost is a big thing,

but you want to be in a "happy" and "safe" marriage.

Someone who's abusive to a little child, can definitely be abusive to grown up spouse.

I think this man could potentially be a time bomb.

therefore, I would first seriously reconsider the relationship.

There are plenty of good man out there.

Hello good day

Yes i understand where are your thoughts coming from but i know him well enough.. for sure a person can change in some point in time... and he is not really a bad guy like you think he is, he is the best man i know in my entire life that loves me to the moon and back (but of course, my father is my first love though )... im just saying he is not really bad, he got 2 DUI's before and he has pending one now, but he was sure not under the influence of anything when he went out that day. He doesnt work that time and if he is not at work we talk all day long like 24/7.. he dont go out from his house, he stay always inside his room amd talk to me. So when he went out that time to get something to eat, he was so tired and fell asleep while eating at the restaurant (he always fell asleep like that too while we talk esp. If he is full already...lol, i find it cute but irritates me somethimes) so when the police officers saw him, they thought he was high...

About that child endangerment also, he wasnt really abusing the child, he just left him on the crib with his two aunts looking after him and thats all.he himself dont understand either why they charged him that...

Hmmm, you might be thinking im saying this for him to look good, no, im sayimg this coz that is what happened and the truth. Though i appreciate the concern, but i am fine in God's well we can get this things ok i am sure i will be in good hands..(he cried for me before and showed long patience on me, say sorry to me even its not his fault totally and love me sooo much so i know he is a good man♡ )

So, heres my follow up question.. do you think when the USCIS got his application for k1 visa they will deny it right then and there because of that or they will tell him to show proof like police records.. he wasnt in jail for too long anyway.

And ohhh, he doesnt drink no more...

[nitsirk7562 82]

Hello good day

Yes i understand where are your thoughts coming from but i know him well enough.. for sure a person can change in some point in time... and he is not really a bad guy like you think he is, he is the best man i know in my entire life that loves me to the moon and back (but of course, my father is my first love though )... im just saying he is not really bad, he got 2 DUI's before and he has pending one now, but he was sure not under the influence of anything when he went out that day. He doesnt work that time and if he is not at work we talk all day long like 24/7.. he dont go out from his house, he stay always inside his room amd talk to me. So when he went out that time to get something to eat, he was so tired and fell asleep while eating at the restaurant (he always fell asleep like that too while we talk esp. If he is full already...lol, i find it cute but irritates me somethimes) so when the police officers saw him, they thought he was high...

About that child endangerment also, he wasnt really abusing the child, he just left him on the crib with his two aunts looking after him and thats all.he himself dont understand either why they charged him that...

Hmmm, you might be thinking im saying this for him to look good, no, im sayimg this coz that is what happened and the truth. Though i appreciate the concern, but i am fine in God's well we can get this things ok i am sure i will be in good hands..(he cried for me before and showed long patience on me, say sorry to me even its not his fault totally and love me sooo much so i know he is a good man♡ )

So, heres my follow up question.. do you think when the USCIS got his application for k1 visa they will deny it right then and there because of that or they will tell him to show proof like police records.. he wasnt in jail for too long anyway.

And ohhh, he doesnt drink no more...

Officers don't hand out DUI's because someone "looks" high. He had to have failed a drug test. His story makes zero sense, so he's lying to you. With one DUI pending and a criminal history of abuse, I doubt you'd be able to receive approval. And if he is approved, that's just friggin scary.

No disrespect, just saying you might want to evaluate this situation a little further. Sure, people make mistakes. The "leaving the baby in the crib" story makes no sense either. I'd actually look into his criminal police reports to get the truth. Seriously hoping you'll reconsider, for your safety.

[Harley2 8]

My Fiancé has a criminal record, we sent in all of his court records, and our petition has been approved.

However none of his crimes involve children or domestic violence, which is where the problems generally seem to occur, due to AWA.

I understand at my interview they will go over my Fiancés court records/crimes to make sure I am fully aware of his crimes (which I am ).

[conlyne 0]

Officers don't hand out DUI's because someone "looks" high. He had to have failed a drug test. His story makes zero sense, so he's lying to you. With one DUI pending and a criminal history of abuse, I doubt you'd be able to receive approval. And if he is approved, that's just friggin scary.

No disrespect, just saying you might want to evaluate this situation a little further. Sure, people make mistakes. The "leaving the baby in the crib" story makes no sense either. I'd actually look into his criminal police reports to get the truth. Seriously hoping you'll reconsider, for your safety.

Drug test like???

Criminal history of abuse?? Yes, but if a baby was with his two aunts looking after him on the crib, will that still be an abuse??? Well i guess on the police revord, it is...

[conlyne 0]

My Fiancé has a criminal record, we sent in all of his court records, and our petition has been approved.

However none of his crimes involve children or domestic violence, which is where the problems generally seem to occur, due to AWA.

I understand at my interview they will go over my Fiancés court records/crimes to make sure I am fully aware of his crimes (which I am ).

Hello. Did he sent the records together with the i-129form??? Or just after the USCIS checked his application???

[Harley2 8]

As the forms and instructions state, you should send all police and court records with the petition. If you don't you will get an RFE. Which just delays things. They will see them sooner or later, so send them straight away.

[Harley2 8]

As the forms and instructions state, you should send all police and court records with the petition. If you don't you will get an RFE. Which just delays things. They will see them sooner or later, so send them straight away.

[sassyseawitch 1]

The spouse of Hiedy's sister got an RFE--which delayed her petition---bec he was arrested for slapping his ex 9 yr old son. Ex said he did., He said he ddidn't. He spent a weekend in jail, went to court, and it was dismissed. BUT--USCIS looked at it very carefully before they approved it.

He DID NOT have any DUI's. Here in the US, those are serious charges. They are felonies. I believe one of the questions on the applications asks if he has and felony arrests.

If you get 3 felonies, it's mandatory jail time here in CA.

I agree with the other poster---send in all the records with the I-12F, but I doubt that this petition will get approved.. Just my opinion. Sorry.

[conlyne 0]

The spouse of Hiedy's sister got an RFE--which delayed her petition---bec he was arrested for slapping his ex 9 yr old son. Ex said he did., He said he ddidn't. He spent a weekend in jail, went to court, and it was dismissed. BUT--USCIS looked at it very carefully before they approved it.

He DID NOT have any DUI's. Here in the US, those are serious charges. They are felonies. I believe one of the questions on the applications asks if he has and felony arrests.

If you get 3 felonies, it's mandatory jail time here in CA.

I agree with the other poster---send in all the records with the I-12F, but I doubt that this petition will get approved.. Just my opinion. Sorry.

this is another hardship i guess... hmmm, just want to know if Heidy's spouse was still approved of his application after he sent the documents needed??

As the forms and instructions state, you should send all police and court records with the petition. If you don't you will get an RFE. Which just delays things. They will see them sooner or later, so send them straight away.

thank you

[EXP14 12]

@conlyne... You probably don't want to hear this answer but He needs to consult with an immigration attorney for a case evaluation before filing.

But as a supporting VJ community member, Here is my 2cents to offer you based upon the scenario you presented. The Good News is that the crimes doesnt fall under AWA - Sex Offender Crimes, As these are cases most likely are never won or drag on gor years.

The crime does however fall under IMBRA as your fiance does have a crime that is a child abuse case. Your fiance has to provide certified court record and police report.

You will need an attorney to help you prepare an IMBRA Waiver for this crime. You can try tackling it yourself but not recommended as you need to prove with supporting facts of why the waiver should be granted. EX. Good character, Completed counseling, community ties, Rehabilitation..etc.

Secondly, the 3rd DUI may pose an issue later on if he is convicted later on. IMBRA requires criminal disclosure for individuals with 3 or more alcohol/substance convictions. What this entails again is IMBRA waiver and certified court/police records.

In summaries, there is light at the end of the tunnel but before you jump on the train, make sure you are fully prepare and packed to take on the visa journey.

Good Luck and even if you don't hire a lawyer to represent you, have an immigration evaluate your case at minimum.

[sassyseawitch 1]

Sorry, I couldn't quote using my cp.

Actually, it was Hiedy's sisters spouse I was talking about.

The petition was approved although it took 10 months.

Also, he was never charged with any crime and had no criminal record other than that week end in jail.