Criminal background and I 129F chances

[Arih3 3]

Ok so I'm not really sure where this question belongs since I'm new to this forum and this whole process in general... But my question regards criminal records and the K1 visa process. I am a US citizen petitioning to bring my Australian partner to the US. I was convicted of Bank Fraud over 6 years ago when I was 19. My partner, the beneficiary, has a record of Aggravated Robbery from 5 years ago, he was also 19 at the time. Neither of us served any time in prison. He was sentenced to supervised release for 12 months. I filed the I 129f in July and we both answered no to all the questions regarding criminal records since they did not apply to our crimes, but we did include his national police certificate.

First question is, would my record have a negative impact on the petition or visa being granted? He is fully aware of my past but I am not sure what kind of affect my record has on the process...

Second question, how does his record affect our chances? I'm not sure if it falls under moral turpitude but I think it does.. Is it very unlikely that they will approve the petition, let alone the visa?

We are obviously very worried about being denied. We have a child on the way and his record has made it very difficult to be together as he was denied a visitor visa to be here for the birth. But both our convictions are at least 5 years old and we were both very young at the time, and since neither of us served time in prison I am not sure how these details factor into the decision. If anyone can shed some light on our realistic chances, or perhaps offer some advice on what to do throughout this process I would greatly appreciate it. Or maybe if anyone has a similar experience and has been granted or denied this visa I would love to hear some outcomes...

[Max! 10]

As far as I know violent crime is only one effect in partition non violent has probably no effect.

But then again this is best for lawyer to take your case.

Get lawyer to process it may cost little but it be better then doing by your self

[Adil & Jeanne 296]

From my law books:

States classify certain assaults as aggravated assault under their criminal codes. They may also use more specific names such as assault with a deadly weapon. Often, aggravated assaults qualify as felonies, while simple assaults can be misdemeanors. Many states have multiple degrees of criminal charges for aggravated assault.

Bank fraud has no classifications

So, yes the aggravated assault is a problem

[mallafri76 1,012]

Aggravated in the US means that either a weapon was used or the victim was hurt. Aggravated anything is a violent crime and a felony in the US, so it will definitely be a problem. Over here, it tends to carry a prison sentence of 5 to 10 years. I doubt your partner will be able to overcome that and immigrate to the US, especially since it was only five years ago.

Your record will have no bearing on the visa.

What do you mean you both answered no to the criminal record? If you mean on the I-129, then that's just for you. If your partner answered no on his visa application then that's fraud, which lands you in all kinds of trouble.

Edited August 6, 2016 by mallafri76

[Arih3 3]

Aggravated in the US means that either a weapon was used or the victim was hurt. Aggravated anything is a violent crime and a felony in the US, so it will definitely be a problem. Over here, it tends to carry a prison sentence of 5 to 10 years. I doubt your partner will be able to overcome that and immigrate to the US, especially since it was only five years ago.

Your record will have no bearing on the visa.

What do you mean you both answered no to the criminal record? If you mean on the I-129, then that's just for you. If your partner answered no on his visa application then that's fraud, which lands you in all kinds of trouble.

There was no weapon or serious injury, but there was physical contact. And there was no prison sentence. But you're right, it will be considered a violent crime by US standards... I meant that in the petition I didn't answer yes to any of the questions. He has not filled out any visa application yet since we have only just filed the petition in July, as stated. But we intend to be honest about everything, obviously. So what you are saying is that because the word aggravated is used, there is very little to no chance that the petition will even get approved? I have heard about a waiver but I'm not really sure when that gets used or if it even applies in this situation...