k1 visa but has criminal records

[conlyne 0]

@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.

hello thanks for the good info

there is some light here now i believe.. well, we are hoping that this pending one will be discharged, he has a court date for this next month, so i guess we will just wait for the result before he will file his petition... we are hoping to file this month so for that if ever the process will just take 6 months or until by January next year. i can come with him going back to the USA...well, he just told me now that he didnt have any counselling or whatsoever regarding for that child endangerment coz for him he really didnt endanger the welfare of the child coz the child's two aunts was with him when that happen and the police officer charged him for leaving the child on the crib, he explained it to the officers that the child wasnt alone inside the house but then they still charged him and he said if he needs to take it to the same court now, he will do it just to clear his name out...and with the DUI he had DUI classes he said...

does this sound better now???

thanks for the info also about the immigration attorney, he will meet an attorney for this but not an immigration attorney good that you mention this one. now we know to whom we can ask legal help for this

[conlyne 0]

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.

so he was just arrested but not convicted.. lucky him...

thanks for the information ma'am

[Harley2 8]

@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.

Ok, I'm no expert, and I could be wrong. But I think unless he is a multiple filer he does not need a waiver. My Fiancé falls into one of the 3 groups listed in 3a, but we did not file a waiver as he has not filed a petition before.

But like I say, I'm not an expert.

What you must do, is follow the instructions in 3A of the I129f filing instructions. You must send certified copies of all court and police records with the application. This will take a bit of time to get and there may be a charge.

However, as EXP14 suggests, have a one off consultation with an immigration lawyer. I had 3 with different lawyers, over the phone. (some will give a first contact for free). However, I have to say the quality varied, and we got variable advice.

We decided to send the petition ourselves and save our money for a lawyer if we hit a problem later on.

So far, we had an RFE for evidence of having met, and now we have our NAO2.

[Elizabeth+Fred 35]

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???

They ask whether or not you have been *arrested* for stuff, and, also, convivted, etc etc. But, at first, arrested. The OP probably was *arrested* for that third DUI, so it had better be listed....

[conlyne 0]

Ok, I'm no expert, and I could be wrong. But I think unless he is a multiple filer he does not need a waiver. My Fiancé falls into one of the 3 groups listed in 3a, but we did not file a waiver as he has not filed a petition before.

But like I say, I'm not an expert.

What you must do, is follow the instructions in 3A of the I129f filing instructions. You must send certified copies of all court and police records with the application. This will take a bit of time to get and there may be a charge.

However, as EXP14 suggests, have a one off consultation with an immigration lawyer. I had 3 with different lawyers, over the phone. (some will give a first contact for free). However, I have to say the quality varied, and we got variable advice.

We decided to send the petition ourselves and save our money for a lawyer if we hit a problem later on.

So far, we had an RFE for evidence of having met, and now we have our NAO2.

thank you.

hmmm, did you hear anything about your petition now??? my fiance is not a multiple filer also but dont know for sure if he falls into one of the 3 groups listed on 3a, he still need and will see an immigration lawyer for it.. and so, since your fiance has a record with one of the 3a questions so you send all the copies like police records together with your i-129f form???

[Harley2 8]

Our petition is at NVC, waiting for it to go to the embassy.

Yes we sent all his court records in with the petition. That's what they ask you to do, no point sending the petition without it.

[Crazy Cat 41,898]

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