CR1 Petitioner Criminal History

[dmaule 1]

I'm the petitioner for my wife's visa, we're just waiting for a case complete from NVC and planning what she will need for her interview at the US Consulate in Manila.

I had a felony conviction two years ago, basically was drunk and committed B&E/Theft. I didn't have to serve any time, just community service and outpatient rehabilitation.

Will she need any paperwork from that incident, or just knowledge of it for the interview?

[JFH 12,190]

My husband has a prior conviction for theft and has served prison time in the USA. We were approved with no RFEs.

What I did was make a copy of his court papers and I signed my name on the top right of each page so that USCIS knew that I had physically seen the entire record. We also addressed it in our covering letter and also included some messages between us where it was discussed. I was very upfront about it and made sure that they could see it was something I was aware of and that we had discussed its impact on our future.

[dmaule 1]

I didn't send any paperwork to USCIS regarding my criminal history. Looking at your timeline, it doesn't show a case complete, have you had your interview yet?

[JFH 12,190]

I'm waiting for case complete any day now. I would make sure your wife has some documents about it for the interview in case it is mentioned. She should show that she is fully aware of it and was expecting them to address it at the interview. I am also taking my husband's papers to the interview because I am going with the assumption that it will be addressed by the CO.

[evalili 10]

I believe the Certificate of No Criminal Conviction is only required from your wife (the beneficiary), because the US is concern about whom they are admitting into the country. I have asked before in the forum if the USC is needed of a Police Certificate or not, and it's not needed.

[JFH 12,190]

That's right. No police certificate is required for the USC but they do background checks on the petitioner because certain crimes (sexual offenses, for example) are a concern to USCIS as the foreign spouse could be in danger. They know everything about you. The point we are making here is that if the petitioner has committed a crime, the beneficiary should be aware of it because it may be mentioned by the CO at the interview. If the beneficiary was not aware that the petitioner had a criminal history and heard about it for the first time at the visa interview, this would be a red flag.

[Iamjuly 2]

On 10/16/2016 at 6:45 AM, dmaule said:

I'm the petitioner for my wife's visa, we're just waiting for a case complete from NVC and planning what she will need for her interview at the US Consulate in Manila.

I had a felony conviction two years ago, basically was drunk and committed B&E/Theft. I didn't have to serve any time, just community service and outpatient rehabilitation.

Will she need any paperwork from that incident, or just knowledge of it for the interview?

Hi, I know that you got approved already I just wanted to know if does your wife need the paper work from court in regard to your convictions, or did the USCIS people even asked for it?  I really appreciate your response for this.  Thank you. 

[Hank_ 9,174]

7 hours ago, Iamjuly said:

Hi, I know that you got approved already I just wanted to know if does your wife need the paper work from court in regard to your convictions, or did the USCIS people even asked for it?  I really appreciate your response for this.  Thank you. 

The I-130 doesn't ask about that, so USCIS doesn't require documentation.

 

https://www.uscis.gov/i-130

 

 

Embassy doesn't ask about petitioner "history" either, but for the beneficiary they do require the NBI, and possibly a  police clearance (if you resided in a foreign country .. details in the embassy checklist)

 

https://www.visaconnection-philippines.com/us-embassy-usem.html

 

https://ph.usembassy.gov/visas/immigrant-visas/family-based-immigration/the-interview/

 

 

BTW - this topic is over 3 years old, you might not get a response from the OP

Edited September 10, 2019 by Hank_

[dmaule 1]

19 hours ago, Iamjuly said:

Hi, I know that you got approved already I just wanted to know if does your wife need the paper work from court in regard to your convictions, or did the USCIS people even asked for it?  I really appreciate your response for this.  Thank you. 

She took the paperwork with her and was prepared to ask questions.  They didn't ask her any questions about it.

[Iamjuly 2]

48 minutes ago, dmaule said:

She took the paperwork with her and was prepared to ask questions.  They didn't ask her any questions about it.

Okay ,thank you  so much for your response. This is all I need to know.