Crimes of "moral turpitude" and USC petitioning for k1

[jstryker 41]

According to this site:. http://ilw.com/immigrationdaily/cases/2000,1012-Montero.shtm

.... Fake IDs are a crime or moral turpitude. 20 years ago I was collared for having a sheet of fake ids. I stupidly printed them on a high quality printer as the kid asked me to. Would this affect me as a USC petitioner? I'm not talking about fiance (the foreigner,) The conviction was a misdemeanor.

My K1 petition was filed yesterday and I did NOT mention this because it was not asked to mention this particular crime. They only asked for DV and 3 drug convictions.

Even though I filed... I'm preparing for any possible RFE so I have been basically mentally flogging myself.

Let's say they deny me because the USCIS would be concerned.. "Hey - fake ids - this guy could be alien smuggling or other fraudster" and stamp me a big fat DENY.

Would it then be an option to just marry her and pursue CR1?

Edited October 27, 2016 by jstryker

[Ash.1101 1,756]

When they do the background check on you this will show. It'll be up to the CO to decide if he feels this is a shady deal because of what you've done in the past. Generally though, it shouldn't hurt you unless your fiance doesn't know about it and they ask her.


Have you told your fiance about this? Just in case it comes up in the interview?


Do you have ANY other convictions on your record?

They shouldn't flat out deny it, if anything they may want to see court documents on the case if they feel it's a problem. If you don't get asked for court papers on the case 20 years ago, then you should be fine. Just remember though, they can ask your fiance about anything THEY know about (including things they find in a background check) so make sure she knows.

Edited October 27, 2016 by Ash.1101

[Harpa Timsah 13,258]

Only a tiny subset of crimes prohibit a USC petitioner from pursuing immigration. This won't matter.

[Limey 551]

According to this site:. http://ilw.com/immigrationdaily/cases/2000,1012-Montero.shtm

.... Fake IDs are a crime or moral turpitude. 20 years ago I was collared for having a sheet of fake ids. I stupidly printed them on a high quality printer as the kid asked me to. Would this affect me as a USC petitioner? I'm not talking about fiance (the foreigner,) The conviction was a misdemeanor.

My K1 petition was filed yesterday and I did NOT mention this because it was not asked to mention this particular crime. They only asked for DV and 3 drug convictions.

Even though I filed... I'm preparing for any possible RFE so I have been basically mentally flogging myself.

Let's say they deny me because the USCIS would be concerned.. "Hey - fake ids - this guy could be alien smuggling or other fraudster" and stamp me a big fat DENY.

Would it then be an option to just marry her and pursue CR1?

If you are the US citizen, then these crimes are irrelevant - you aren't the one immigrating. You'd only have a problem if you had any history of serious sexual crimes (as that might put your fiancee in danger)

https://en.wikipedia.org/wiki/Adam_Walsh_Child_Protection_and_Safety_Act#Influence_on_visa_process

[jstryker 41]

If you are the US citizen, then these crimes are irrelevant - you aren't the one immigrating. You'd only have a problem if you had any history of serious sexual crimes (as that might put your fiancee in danger)

https://en.wikipedia.org/wiki/Adam_Walsh_Child_Protection_and_Safety_Act#Influence_on_visa_process

Thanks... this makes me sleep better... until tomorrow when I start thinking myself to death again. This is going to be a long long long wait and Im just waiting for NOA1. LOL

[Shauneg 762]

Either way chasing a cr-1 versus a k-1 wouldn't have changed a thing. Why would it?

[jstryker 41]

Either way chasing a cr-1 versus a k-1 wouldn't have changed a thing. Why would it?

Because of posts on this forum like this:

"Posted 09 March 2012 - 09:15 AM

'sam&jensi', on 09 Mar 2012 - 07:53 AM, said:

Read the interview from this guys page - the one who was denied, so you can get a better understanding of what they said and questioned. Dayani

You can't compare the 2 cases, Davani filed for a K-1 Visa which requires disclosure of past criminal history so that the CO can ensure the Finacee is fully aware of them at interview time.

For CR/IR Visas there is no such requirement. If the charges fall under the Adam Walsh Act then the petition won't be approved in the first place but that is another story.

[Anitafeliz 1,133]

you'll be OK worst case youll get an RFE requesting court documents.

[N-o-l-a 7,168]

Only a tiny subset of crimes prohibit a USC petitioner from pursuing immigration. This won't matter.

Just to echo this, there are petitioners who are active prisoners who get approvals, so I don't think there is much need to stress.

Now, let's say you had a rape or child molestation conviction... then you'd have a problem.

[jstryker 41]

Then there's another thing. You say it was 20 years ago, were you were less than 18 years old? your issue may be forgiven because of age. It depends on how old you were, I believe.

I wish -

Im 44.

Its ok - Im pretty confident based on N-o-l-a and others posts above that I should be ok...

[Cathi 5,771]

Then there's another thing. You say it was 20 years ago, were you were less than 18 years old? your issue may be forgiven because of age. It depends on how old you were, I believe.

Crimes are not "forgiven"- some files are sealed if they were committed as a minor, but not forgiven.

[KayDeeCee 4,893]

You had a similar topic back in August. If you read the I-129F instructions, it is clear on what types of crimes need to be disclosed. This is about the IMBRA law, not moral turpitude. USC petitioners with criminal histories of moral turpitude are not ineligible to file an I-129F.

If you had convictions for any type of crime listed in the instructions, then disclose it and provide the police records as it asks. If you were not convicted, or your crimes are not any of the types listed, then you can answer No and move on.

From the I-129F instructions >

3. What Documents Must You Submit to Comply With IMBRA?

a. If you have ever been convicted of any of the following crimes, submit certified copies of all court and police
records showing the charges and dispositions for every conviction. You must do so even if your records were sealed
or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no
longer have a record.

(1) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.
The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or
former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of
the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other
person against an adult or youth victim who is protected from that person's acts under the domestic or family
violence laws of the jurisdiction.

(2) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking,
peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint,
false imprisonment, or an attempt to commit any of these crimes.

(3) Crimes relating to a controlled substance or alcohol on three or more occasions, where such crimes did not arise
from a single act.

NOTE: If your petition is approved, a copy of your petition, including the information you submit regarding your
criminal convictions, will be provided to the Department of State for dissemination to the beneficiary of your
petition under section 833(a)(5)(A)(ii) of IMBRA. In addition, under section 833(a)(5)(A)(iii) of IMBRA, any
criminal background information pertaining to you that USCIS may discover independently in adjudicating this
petition will also be provided to the Department of State for disclosure to the beneficiary of your petition. You
should also note that under section 833(c ) of IMBRA, the name and contact information of any person who was
granted a protection or restraining order against you, or of any victim of a crime of violence perpetrated by you,
will remain confidential. However, your relationship to such person or victim (e.g., spouse, parent, former spouse)
will be disclosed.

~Moved from K-1 Process to IMBRA Special Topics ~

[Ash.1101 1,756]

You're going to hear a lot of what you heard on your "DV/Not charged with DV so it's not DV" thread.

If you have ANYTHING they can use against you to feel your future wife will be unsafe they CAN use it. If they background check you, and see this charge for fake ID's and then "Simple Battery" they may ask your fiance "Do you know about these charges 20 years ago" or "Do you know about these simple battery charges?" "Yes" "Do you know the details of it?" If at any point she says "Well, he didn't actually hurt anyone, they just charged him because the person had a mark on their arm" If at any point she says "her" or "his ex wife" you may run into trouble.


Again though, like what was posted. You don't -HAVE- to disclose these court records or convictions if they do NOT meet the criteria. TECHNICALLY you have done none of those things (as far as we know because we only know what you say you've been charged with, could be more, could be less), so you do NOT have to send anything about these things.

Whether or not USCIS finds it while doing background checks and asks your fiance about it is an entirely different story. You won't be denied based on the things you've done, but you could be denied depending on the CO, and how your fiance responds to questions about these crimes if they ask. If she knows nothing of any of these crimes, they may very well think that you're playing her and may ere on the side of caution for her sake.

Like I said in another thread, at Montreal there was a man who didn't even have anything violent on his record. Just a lot of financial related court cases. (Link for Reference: http://www.visajourney.com/reviews/view-dos-cis-reviews.php?entry=17406 ) The beneficiary didn't know much about these cases overall, and the CO straight up told her that he'll approve her but that she needed to think about if this is really what she wants to go into.

The biggest thing to keep an eye on isn't you disclosing these things, you can do that on your own if you choose but it's this:

NOTE: If your petition is approved, a copy of your petition, including the information you submit regarding your
criminal convictions, will be provided to the Department of State for dissemination to the beneficiary of your
petition under section 833(a)(5)(A)(ii) of IMBRA. In addition, under section 833(a)(5)(A)(iii) of IMBRA, any
criminal background information pertaining to you that USCIS may discover independently in adjudicating this
petition will also be provided to the Department of State for disclosure to the beneficiary of your petition. You
should also note that under section 833(c ) of IMBRA, the name and contact information of any person who was
granted a protection or restraining order against you, or of any victim of a crime of violence perpetrated by you,
will remain confidential. However, your relationship to such person or victim (e.g., spouse, parent, former spouse)
will be disclosed.

Outside of the original : DV plea down to Simple Battery Charges, ban from guns for 10 years, anger management classes, AND the newly brought up 20 year old Fake ID possessions. Are there ANY other charges on your record? ANYTHING else? While you may not have to disclose anything not technically on the list, if you have a lot of charges on your rap sheet, you may want to make sure that your fiance knows about all of them and that you're not forgetting anything else.

Edited October 28, 2016 by Ash.1101

[jstryker 41]

Thanks for the reassurance. I need to stop thinking about it the waiting is what's doing me in. I keep thinking I'm going to get the Freddy Kruger of immigration officers and that everyday of waiting is him typing up an RFE.

[jstryker 41]

And I realize I asked this before... But I found other posts where people were saying they were getting hung up in crimes of moral turpitude....

If you think about it ANY crime is of lack of moral turpitude right? Lol

Then when I saw in my link above that USCIS looks at fake ids like murder... Well...

I need to stay off the internet till I get further along in this process.