Criminal records

[Lord_sixpac 0]

Hi hello there... i just wanna ask and hope sir bryan would answer my queries. My fiancee who is living in the united states wants to petetion me to a k1 visa. But i am lil bit worried about his past backround. He has a criminal record (murder) we b back 20 years ago if i am not mistaken. But the case was dismessed because it was self defense. And also he has also court record stating that he sign a check knowing that he has no money in the bank and still purchase it in a grocery it was 30 years ago. And so my question is would that be a cause of denial in our k1 visa petetion. I hope you guys could extend your help me and maybe there are some of you guys who go through the same experience with us. I would difinitely appreciate all your comments and suggestion.😂😂😂😂

God bless us All

[JFH 12,191]

So does he have a criminal record for murder or was it dismissed? If the case was dismissed he has no conviction for murder, if he has this on his record, it was not dismissed. If you could clarify that point, it will help people give you the correct advice. At the moment your post is contradictory. 

 

My husband has a criminal record and has spent time in state prison. A criminal record isn't necessarily a barrier to petitioning. But we need the facts. You will have more luck with a spouse visa than a fiancé visa if he has a criminal record (especially if the crime was violent). 

[Lord_sixpac 0]

I was arrested for murder but never charged and I was arrested 30 years ago for writing bad checks and charged with a misdemeanor will these be a problem the first post was from my fiancé thank you and God Bless

[Faith38 37]

I would consult a lawyer to see which option is best for you.Just to be sure !

[LionessDeon 2,060]

1 hour ago, Faith38 said:

I would consult a lawyer to see which option is best for you.Just to be sure !

I'm wary of this advice because lawyers mess things up all the time, will say things to take your money, and unless they are specialized in immigration may not know anymore than you.

Read the questions carefully on the I-129f.  If the murder case was dismissed there is much less of an issue, if any at all.  There are quite a few VJers that have immigrated through an incarcerated spouse.  

I would highly consider going the spousal visa route.   There are some members here experienced with this.  If I come across their VJ profile I will post it for you.  

Edited May 9, 2017 by LionessDeon

[Faith38 37]

I am not a lawyer but what's wrong with asking a lawyer to have a better sense of what are the options. Not every lawyer will trick you out of your money . I have had great experiences with with mine over the years!

[geowrian 22,337]

7 minutes ago, Faith38 said:

I am not a lawyer but what's wrong with asking a lawyer to have a better sense of what are the options. Not every lawyer will trick you out of your money . I have had great experiences with with mine over the years!

Nothing directly. For "simple" cases, they are just one more cog in the wheel to get something wrong IMHO. They're human (well, most are...).

 

As for whether or not this is  a "simple" case, that's a little more debatable. Personally, I think if there were never any charges filed, then it won't be an issue just like any other case. They will probably want to see records, but I don't think it will be an issue in the end. Others may disagree.

[JayMar2019 2,741]

10 hours ago, Lord_sixpac said:

I was arrested for murder but never charged and I was arrested 30 years ago for writing bad checks and charged with a misdemeanor will these be a problem the first post was from my fiancé thank you and God Bless

An arrest record and a conviction record is 2 different things. If you were arrested for murder but were not convicted of murder, you're gonna need a certified court record/copy of the arrest record that shows the final disposition. Disposition means what the outcome or ending of your arrest case (ex. where the charges dropped/dismissed, did you take a plea that after you finish the terms of the agreement the charges were dropped/arrest record expunged etc.) If you were convicted, you are still gonna have to provide a certify court record/copy of the what the sentencing was. Whether you do the K1 or spousal visa, I would advise you fully disclose and make sure you have all court documentation to provide proof of each or any offense.

 

And no I'm not a lawyer, just have been working in the legal/compliance industry for 10+ years, but this not legal advice.

[Cyberfx1024 7,980]

This seems like a pretty cut and dry case right here. You should be good no matter what so don't worry, you were never convicted of that crime and it was later dismissed, for the bad check cashing you should be fine because of the severity of the crime and length of time since then. If anything they will just ask for documentation showing that that case was dismissed. So you should be good to go no matter what. 

 

Where in Philippines is she from? 

[broppy 204]

12 hours ago, Trinab80 said:

An arrest record and a conviction record is 2 different things.

I agree entirely. But even a conviction for murder shouldn't pose a significant problem if properly declared on form I-129F. State and/or Homeland department would want to ensure that the foreign fiancee is aware of the petitioner's violent history, but it doesn't present grounds for denial of the petition.

[JayMar2019 2,741]

6 minutes ago, broppy said:

I agree entirely. But even a conviction for murder shouldn't pose a significant problem if properly declared on form I-129F. State and/or Homeland department would want to ensure that the foreign fiancee is aware of the petitioner's violent history, but it doesn't present grounds for denial of the petition.

I never said that it was. My point was to declare the difference between the 2 so that the OP knew the difference. I'm not an adjudicator so I don't know what impact either offense will or will not have. But somtimes, there are people who think that even though they were arrested but didn't go to jail/prison that the charges are null and void. My point was to simply state that whether arrested and/or convicted, full disclosure is necessary from the beginning. And to make sure they  have certified court documents detailing the outcome of the disposition. 

Edited May 10, 2017 by Trinab80
.

[broppy 204]

5 minutes ago, Trinab80 said:

I never said that it was. My point was to declare the difference between the 2 so that the OP knew the difference. I'm not an adjudicator so I don't know what impact either offense will or will not have. But somtimes, there are people who think that even though they were arrested but didn't go to jail/prison that the charges are null and void. My point was to simply state that whether arrested and/or convicted, full disclosure is necessary from the beginning. And to make sure they  have certified court documents detailing the outcome of the disposition. 

I didn't mean to imply otherwise. Your original post was spot-on. Even though OP indicated an arrest but no conviction, I just wanted to add that even being convicted of murder shouldn't pose a problem.

[Lord_sixpac 0]

27 minutes ago, cyberfx1024 said:

This seems like a pretty cut and dry case right here. You should be good no matter what so don't worry, you were never convicted of that crime and it was later dismissed, for the bad check cashing you should be fine because of the severity of the crime and length of time since then. If anything they will just ask for documentation showing that that case was dismissed. So you should be good to go no matter what. 

 

Where in Philippines is she from? 

She is from Cebu City..

[Cyberfx1024 7,980]

6 minutes ago, Lord_sixpac said:

She is from Cebu City..

Ahhh ok. Cebu City is a wonderful city.

[Lord_sixpac 0]

I would like to thank everyone I will get the info all is good God bless