Beneficiary with deportation and criminal background

[Dcesar 0]

Good Afternoon ,

I met my boyfriend 7 years ago as we dated in college.
We got engaged last month after getting together again and dating for a year, he has been coming to visit me all this time with record in his passport of course.
I got deported in 2009 for trying to get into a club with a fake id, the record is now shown as a misdemeanor class 1 but of course its still showing.
I tried getting a tourist visa on February of this year and it got denied.
I want to know if my criminal history will be an issue for me to get the K1 approved?
I am a college graduate and so is he, we both have more than 100k a year income and we definitely have proof of our relationship, both family members aware and many many pictures, but we want to get married in the US so that he doesn't loose his job and of course to be around our families since my mom and sister live there and so does his entire family and friends.
Thank you so much for your attention!

[Torete 121]

Most likely not an issue at all, just ensure to disclose appropriately. I've read threads regarding individuals with far worse convictions on their record successfully immigrating to the US.

Good luck.

[Dcesar 0]

Most likely not an issue at all, just ensure to disclose appropriately. I've read threads regarding individuals with far worse convictions on their record successfully immigrating to the US.

Good luck.

Thanks for your response and good luck wishes!

Have a good day.

[aaron2020 11,651]

Hi,

People do not get deported for using fake IDs to get into a club. People get deported for living here illegally or committing certain crimes while on a green card. Since you did not mention a revoked green card, can I will presume that you were living in the US illegally?

The K1 will not be denied for a fake ID. The K1 could be denied depending on how long you were living here illegally.

How long did you live illegally in the US after the age of 18? You could have a ban that affects your eligibility for a K1.

Edited November 11, 2015 by aaron2020

[Boiler 45,492]

What sort of fake ID?

Why would he lose his job?

[Dcesar 0]

What sort of fake ID?

Why would he lose his job?

A friend that was already in the club let me borrow hers to get in but we got caught.. very stupid I know.

His job can only be based in the US, he tried finding a transfer here in mexico but it didn't happen and the other chance was to look for a job here but the pay is not the same so he wouldn't be able to afford the same lifestyle

Hi,

People do not get deported for using fake IDs to get into a club. People get deported for living here illegally or committing certain crimes while on a green card.

The K1 will not be denied for a fake ID. The K1 could be denied depending on how long you were living here illegally.

How long did you live illegally in the US after the age of 18? You could have a ban that affects your eligibility for a K1.

Totally agree, well fake id was the reason why I got arrested, then I stayed in jail for 26 days until they transferred me to immigration and that's when I got deported.

I lived in the US illegally for a year, was 19 when left the US

[aaron2020 11,651]

A friend that was already in the club let me borrow hers to get in but we got caught.. very stupid I know.

His job can only be based in the US, he tried finding a transfer here in mexico but it didn't happen and the other chance was to look for a job here but the pay is not the same so he wouldn't be able to afford the same lifestyle

Totally agree, well fake id was the reason why I got arrested, then I stayed in jail for 26 days until they transferred me to immigration and that's when I got deported.

I lived in the US illegally for a year, was 19 when left the US

The reason you got arrested has nothing to do directly with you being deported. The reason for your arrest is the fake ID. The police handed you to ICE because you were here illegally; not for having a fake ID. The reason you got deported is for living here illegally.

How many months were you here illegally after age 18? This matters because you could have a 3 years ban or a 10 years ban.

[Boiler 45,492]

Sounds like a waiver will be required which adds 6 months to the process. A US ID may complicate matters, does not seem to be used for immigration purposes but certainly Lawyer time.

[Dcesar 0]

The reason you got arrested has nothing to do directly with you being deported. The reason for your arrest is the fake ID. The police handed you to ICE because you were here illegally; not for having a fake ID. The reason you got deported is for living here illegally.

How many months were you here illegally after age 18? This matters because you could have a 3 years ban or a 10 years ban.

a year illegally in the US

[aaron2020 11,651]

a year illegally in the US

How many months? Exactly. Dates if you have them. This matters on the 3 years ban or 10 years ban.

[Dcesar 0]

How many months? Exactly. Dates if you have them. This matters on the 3 years ban or 10 years ban.

11 months, from November 2008 to October 2009

[aaron2020 11,651]

Sounds like a waiver will be required which adds 6 months to the process. A US ID may complicate matters, does not seem to be used for immigration purposes but certainly Lawyer time.

Using a friend's ID to get into the club has nothing to do with immigration. It's a misdemeanor. Not holding herself out as USC, so no problem. It's an age thing. No need for lawyer for this.

[aaron2020 11,651]

11 months, from November 2008 to October 2009

Ok.

The visitor visa was denied because you were deported. The presumption was that you were going to use the visitor visa to come to the US to live illegally again with your family. This is the reason you were denied. Had nothing to do with a fake ID.

With 11 months in the US after age 18, you were subject to a 3 years ban. That ban is now over.

If you had lived here for over a year illegally after age 18, you would have a 10 years ban that ends in 2019.

You were deported from the US, it's either a 5 years ban or 10 years ban. A 5 years ban would be over. A 10 years ban will last until 2019.

If you have a ban, the K-1 will be denied. After the denial, you can file for a waiver and must show why it would be a hardship on the USC if you were not granted a visa.

You would need to disclose your arrest for the fake ID. However, this is not a reason to deny your K1.

Best of luck

Edited November 11, 2015 by aaron2020

[Dcesar 0]

Ok.

The visitor visa was denied because you were deported. The presumption was that you were going to use the visitor visa to come to the US to live illegally again with your family. This is the reason you were denied. Had nothing to do with a fake ID.

With 11 months in the US after age 18, you were subject to a 3 years ban. That ban is now over.

You were deported from the US, I believe it's a 5 years ban. That ban is now over. (Someone correct this if it's wrong.)

If you had lived here for over a year illegally after age 18, you would have a 10 years ban that ends in 2019.

You would need to disclose your arrest for the fake ID. However, this is not a reason to deny your K1.

Best of luck

Thank you so much for your responses, do you know if there is a way of me finding out what my ban is?

Sounds like it could be either 5 or 10 but it would be good to know before I attempt for the interview right?

[Hypnos 6,576]

A five year bar is usually from being deported after being determined to be inadmissible and you were placed in removal proceedings.

A ten year bar usually results from a removal order being issued by an immigration judge, even if you did not attend the hearing in immigration court.

You can probably file a FOIA request with ICE to see which of these you were hit with.