The K-1 and CR-1 rules are different for petitioners with criminal records ?

[lorajones 0]

Hi, we would like to know if it is true that the K-1 and CR-1 rules are different for petitioners with criminal records? If so, in what way ? To me it seems logical that in the end, they look at it in the same way, but i heard/read that there is indeed a big difference in regards to that. Hope somebody can help out ?

[Unlockable 7,315]

There was recently a K1 that got denied because the petitioner (US citizen) had a record for domwstic violence.

I would post the thread but I'm on my cellphone and it is more difficult to dig through threads with it.

But, yes depending on the crimes it can be denied.

[lorajones 0]

Thank you. I have read in their rules that it has to do with if this person is a danger to the person they petition for.And with domestic violence one may indeed think that there is a risk involved.

I would like to know what the difference is between the 2 types of visa in regards to this stuff, since there pparently is, but what?...

[Unlockable 7,315]

K1 visas are for unmarried couples who will marry with 90 days of the beneficiary's arrival.

CR1 visas are for couples who have been married under 2 years.

IR1 visas are for couples who have been married more than 2 years.

[lorajones 0]

i mean, in regards to the criminal records...

[NikLR 13,231]

~~moved to general immigration discussion. Topic is not about IR1/CR1 process and procedures but is discussing petitioner criminal records in regards to different visa types~~

[JFH 12,191]

Background checks will be carried out in the petitioner, regardless of whether it is a K-1 fiancé visa if a CR-1 spouse visa.

The K-1 visa paperwork asks questions about the petitioner's past convictions, but the CR-1 paperwork does not. That doesn't mean that checks are not conducted. It is important that the beneficiary knows everything about the convictions, jail or prison time served, etc because they will be asked about it at interview.

Some crimes (Google "Adam Walsh Act") make a person ineligible to file a petition for a family visa. There are waivers available but success stories are very rare and involve very long legal battles.

My husband has a criminal record and has been able to successfully petition me. There have even been cases where petitions filed by incarcerated persons have been approved (and visas granted). If you would rather discuss it in private, feel free to PM me.

[mallafri76 1,012]

What JFH said. I successfully immigrated to the US with my husband still in prison. I came in on an IR-1, as we had been married for more than two years when I immigrated. My husband's crimes definitely came up in the interview, although we never had to mention them on any form.

Actually I think it's logical that they don't look at it the same way because as a fiancé, you're in a relationship with someone but you're not family and you're not legally tied to each other yet. Once married, you're considered family and have legal obligations and ties to each other. Either way, the Adam Walsh Act applies. On the K-1, certain drug crimes and other crimes need to be mentioned and will exclude the USC for petitioning a fiancé.

[Villanelle 4,122]

What JFH said. I successfully immigrated to the US with my husband still in prison. I came in on an IR-1, as we had been married for more than two years when I immigrated. My husband's crimes definitely came up in the interview, although we never had to mention them on any form.

Actually I think it's logical that they don't look at it the same way because as a fiancé, you're in a relationship with someone but you're not family and you're not legally tied to each other yet. Once married, you're considered family and have legal obligations and ties to each other. Either way, the Adam Walsh Act applies. On the K-1, certain drug crimes and other crimes need to be mentioned and will exclude the USC for petitioning a fiancé.

Mmm this is almost correct... either way the AWA applies (which means those convicted of certain offenses where the Act applies need to get a wavier which is very difficult but not impossible).

However on the K visa 2 or more drug offenses or DV crimes must be DISCLOSED to the intending immigrant. This is not a denial of the visa or otherwise excludes the USC from petitioning. But what happens is the interviewing Officer will ask the intending immigrant questions about the "incidents" during the "disclosure" . The disclosure was designed to protect the immigrant- so that they know important things about the person they are going to marry that they might not have known. But the Officer will use it to gauge if the immigrant KNOWS things about the USC. If you dont know, its a sign the relationship is not legit and you are denied. If you DO KNOW, the Officer will often use it to discourage the immigrant from going to the US or say things like you must have immigrant intent if you are going to marry such an 'undesirable person'. The immigrant must have strong character and be able to stand up for themselves and their relationship to pass the interview. The must know about the incidents and surrounding factors. They must be familiar with the police reports and documents.

For the OP in this thread it would help if you have a specific situation to post a specific question detailing it for help. There is no judgement here. (LOL) well, the mods will keep things in line. Believe it or not- everything has been posted, as bad as you think it may be, it has been asked, it has happened to others, You are not alone. So feel free to share-its the only way to get the help you may need...

[grinnil 0]

I was convicted of second degree forgery in 1999 and aggravated assault and fleeing in 2002, all where felonies. In 2004 I was convicted of a misdemeanor marijuana charge, and also before 2004, so many other misdemeanors I can't even remember them all. I'm gonna be filing for CR-1, my wife knows everything about me, we have been living together for almost a year. Do yall think this will be a problem since the aggravated assault is considered a violent crime?

[LionessDeon 2,060]

i mean, in regards to the criminal records...

There is no difference. The same "rules" apply to both.

Some info in the guides:

http://www.visajourney.com/content/records

Edited November 25, 2016 by LionessDeon

[LionessDeon 2,060]

I was convicted of second degree forgery in 1999 and aggravated assault and fleeing in 2002, all where felonies. In 2004 I was convicted of a misdemeanor marijuana charge, and also before 2004, so many other misdemeanors I can't even remember them all. I'm gonna be filing for CR-1, my wife knows everything about me, we have been living together for almost a year. Do yall think this will be a problem since the aggravated assault is considered a violent crime?

Yes

[Villanelle 4,122]

Mmm this is almost correct... either way the AWA applies (which means those convicted of certain offenses where the Act applies need to get a wavier which is very difficult but not impossible).

However on the K visa 2 or more drug offenses or DV crimes must be DISCLOSED to the intending immigrant. This is not a denial of the visa or otherwise excludes the USC from petitioning. But what happens is the interviewing Officer will ask the intending immigrant questions about the "incidents" during the "disclosure" . The disclosure was designed to protect the immigrant- so that they know important things about the person they are going to marry that they might not have known. But the Officer will use it to gauge if the immigrant KNOWS things about the USC. If you dont know, its a sign the relationship is not legit and you are denied. If you DO KNOW, the Officer will often use it to discourage the immigrant from going to the US or say things like you must have immigrant intent if you are going to marry such an 'undesirable person'. The immigrant must have strong character and be able to stand up for themselves and their relationship to pass the interview. The must know about the incidents and surrounding factors. They must be familiar with the police reports and documents.

For the OP in this thread it would help if you have a specific situation to post a specific question detailing it for help. There is no judgement here. (LOL) well, the mods will keep things in line. Believe it or not- everything has been posted, as bad as you think it may be, it has been asked, it has happened to others, You are not alone. So feel free to share-its the only way to get the help you may need...

well, I shouldve been more specific... there the AWA and IMBRA.

On the 129F you have to disclose convictions and drug/alcohol offenses. If you have multiple K filings or meet the definition of specified crimes for the K visa you have to file for a waiver as the petitioner. Its usually not a big deal. The specified crimes are drug/alcohol 3x convictions (not in a single act) Things like convictions for DV, sexual assault, rape, homicide,manslaughter, kidnapping etc are going to be harder to get a waiver for. Those are the types of crimes they are interested in. If you disclose on the 129f your convictions or when they find them in the background check, you will have to provide all certified court records. Your "waiver" is basically a letter stating I would like a waiver due to my extraordinary circumstances and describe how things happened and how you are a better person now and evidence to support what a good moral person you are presently. When your petition is approved all the paperwork goes to the DOS who passes it to the consulate who is suppose to show it to the immigrant at the interview; where like I said they will use it to determine your relationship.

Any crime that involves a MINOR is considered to be AWA. Thats a whole other ball of wax. It also includes prostitution (between adults) If your crime is determined to be AWA you wont be able to submit a simple waiver request in addition to your court paperwork and just get 'approved'.

IMBRA and AWA applies to both K and CR but in different ways. For the CR process there is no place on the forms to fill out your background history but they do check it. If they find an AWA offense you will be stopped and see above. According to IMBRA guidelines the intending immigrant is to be provided with the IMBRA pamphlet and a copy of the visa application by the petitioner as well as a copy of the petitioners criminal record. Again in a spousal interview they can use the same tactic of questioning the immigrant about the spouses record to gauge the relationship.

https://www.uscis.gov/sites/default/files/USCIS/Humanitarian/Battered%20Spouse,%20Children%20%26%20Parents/IMBRA%20Pamphlet%20Final%2001-07-2011%20for%20Web%20Posting.pdf

http://asianjournal.com/immigration/the-adam-walsh-act-bar-to-a-us-citizen-or-permanent-resident-to-petition-family-members/

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/imbra072106.pdf

[Adil & Jeanne 296]

To clarify the reason CR 1 criminal background checks not done on petitioner for immigration is

we did one to provide to be married in their country

so, the background checks have already been done prior to marriage and immigration knows this

[LionessDeon 2,060]

To clarify the reason CR 1 criminal background checks not done on petitioner for immigration is

we did one to provide to be married in their country

so, the background checks have already been done prior to marriage and immigration knows this

I'm not sure this is correct. Other countries background checks have nothing to do with how the USA conducts theirs.