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

[Lemonslice 4,953]

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

Many CR1s get married in the USA - then, we got married in Canada where there was no background check... So this makes no sense

[lorajones 0]

Thanks everybody for the answers !

[grinnil 0]

Yes

When you say yes, you mean there is no point in even filing?

[LionessDeon 2,060]

When you say yes, you mean there is no point in even filing?

Well you can file. I wouldn't tell you not to. Just be prepared for an uphill battle. I recommend Lizz Cannon. She gives free consultations. Review my timeline. She helped us.

[Villanelle 4,122]

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

When you say yes, you mean there is no point in even filing?

Well you can file. I wouldn't tell you not to. Just be prepared for an uphill battle. I recommend Lizz Cannon. She gives free consultations. Review my timeline. She helped us.

Why do you think he would have a problem filing for the CR visa? He is pretty vague about his convictions so its impossible to give him an absolute yes or no on whether its going to cause him trouble... But from what he has said--- aggravated assault by the petitioner is not an offense that falls under AWA. So no problem there. Yes, it is a violent crime, but its not AWA.

As for the rest of his misdemeanor crimes unless they fall under AWA (which means sex crimes involving minors, child porn or prostitution) they shouldnt be an issue as they wouldnt be AWA either...

The Embassy could have an issue with some of the crimes if they are fraud related- as that could call into question his character and if he is entering into the marriage in good faith. With the same logic having a very long record could have the same effect. This would be overcome by showing a current recent history of good moral character and a strong proof of relationship. If he has the extra money laying around to hire an attny then he should. If money is tight- well I wouldnt jump the gun and hire one just yet...

To grinnil: I would file the petition. As long as nothing is AWA, load it with strong relationship evidence. Since you have been living together for a year this should be very easy to do. Include proof of your current good moral character since they are going to see your record. Are you going to be doing DCF? Im assuming you are in the PI since you say you guys are living together and doing the CR visa otherwise youd be doing AOS. I can be mistaken and youd have to check the DCF posts for the PI but I believe you should be able to participate in some of the process since you are there- so the interview shouldnt be that hard. As I said before as long as your spouse is aware of your record and can answer questions about it and gives confident answers about still wanting to continue the process because she is committed to YOU and wants to be with YOU regardless of where you live, you guys will be fine.

Possible hiccups for you would be when you submit your petition they request you to have fingerprints done to double check your record. This usually occurs in AWA cases or in suspected AWA cases. They can ask for additional court documents for convictions. This can happen anytime during the process. It can be a problem when the papers are old and you have to go back and track them down. It can suck if its at the last minute in the interview and they give you a 221g and say come back with it. Its your choice if you want to be proactive and track down all your paperwork if you dont have it. They may not ask for it and then you did all that gathering for nothing. Well maybe not nothing, I mean its good to have but do you really have nothing better to do?

I cant predict whether or not they are going to want any papers from you. The petition does not require them. The CO does have the authority though to request from you anything they feel they need to make a decision. You can get an attny involved at the beginning to help you put together a solid packet or you can wait and see if any problems arise before looping one in. Perhaps if court records are requested you may decide its a bad sign and decide to hire one. Perhaps you want to wait till the interview and if it goes bad and you are hassled and denied- well you have the option then just like everyone else does of contacting your representative and trying to get a second interview before its sent back and/or taking on an attny.

Again, most of this is just vague advice because a long list of misdemeanors can include anything. The contents of the list will matter.

[grinnil 0]

Thanks for all the info Damara. For a little more detail of the crimes, when I was 17, my sister's friend stole her dad's checkbook and I used a check to buy some gas, that was the second degree forgery, a felony. When I was 20 I had a warrant out for me for not paying fines and a cop tried to pull me over and being young and stupid I decided to drive a mile to my parents house so my car wouldn't get impounded and a cop got in my lane coming at me head on and I kept going and made him get back in his lane, they charged me with aggravated assault for that and fleeing for driving to my parents house. As far as misdemeanors, there was minor consumption of alcohol, marijuana possession, criminal mischief, probation for the second degree forgery was revoked because I never saw my probation officer, disorderly conduct, and I think there is a couple more, but nothing sexual, violent or anything that would be fraud related. Yes, going to be filing dcf since I have been living in the Philippines. And my wife knows everything about my past, will probably still get a copy of my police record to take to the interview so the CO will see that my wife knows all about it.

[lmladreno 12]

Does anyone know the impact on CR1 visa interview if Petitioner has DUI record?

[UsaBound82 3]

hey all,

have a quick question....I am currently getting all our stuff together for our application for the k1 visa.  

my partner has a criminal record and has spent 90 days in prison. does he need to include all his record or just the domestic violence stuff? btw i feel safe around him, i wouldn't be doing this if i didn't. especially not have my son around him. 

 

thanks,