Beneficiary with Criminal Record

[Seraphinek 99]

Hi everyone. I know there are many topics here about applying K1 Visa with a criminal record. I’m a beneficiary and I got a criminal record for shoplifting. I was convicted for shoplifting in Malaysia when I just turned 18, that was a mistake, I regret it and I did not have any other record since then. I was sentenced for one day in prison and paid USD80 for the fine. I didn’t really go to the prison as the judge sentenced me for one day in prison the day of my hearing, and one day for them is from 8am-5pm but I know it is still considered as I was in prison. Now me and my partner already filed the petition in October 2017 and we’re expecting the embassy to call me for the interview in May 2018. I read that I can apply for petty crime exception but I just don’t know how. We did not disclose anything on the petition saying that I got a record because my partner said only give them what they asked on the form. Only mention about it when they’re interviewing me. My question is how do we apply for the exception? Do we need a lawyer or I can just show them my court record? Do you guys think I can get the visa? The visa means a lot for me and my partner. I’ve been worrying about this too much and got sick a few times thinking about the visa. I really hope anyone would give us some ideas before they call me for the interview. Thanks!

Edited February 26, 2018 by Seraphinek

[Perfect two 💑 1,147]

On 2/26/2018 at 6:16 PM, Seraphinek said:

Hi everyone. I know there are many topics here about applying K1 Visa with a criminal record. I’m a beneficiary and I got a criminal record for shoplifting. I was convicted for shoplifting in Malaysia when I just turned 18, that was a mistake, I regret it and I did not have any other record since then. I was sentenced for one day in prison and paid USD80 for the fine. I didn’t really go to the prison as the judge sentenced me for one day in prison the day of my hearing, and one day for them is from 8am-5pm but I know it is still considered as I was in prison. Now me and my partner already filed the petition in October 2017 and we’re expecting the embassy to call me for the interview in May 2018. I read that I can apply for petty crime exception but I just don’t know how. We did not disclose anything on the petition saying that I got a record because my partner said only give them what they asked on the form. Only mention about it when they’re interviewing me. My question is how do we apply for the exception? Do we need a lawyer or I can just show them my court record? Do you guys think I can get the visa? The visa means a lot for me and my partner. I’ve been worrying about this too much and got sick a few times thinking about the visa. I really hope anyone would give us some ideas before they call me for the interview. Thanks!

Hi,

 

Don't worry so much. There is no part in I-129F about a beneficiary criminal record. So, you are doing great so far. I will not worry much since shoplifting is not a big crime. Once you get your NOA2, Case Number and US embassy in KL received your petition. They will send out a packet 3 to you (through email) it will state all documents needed and step by step what you need to do. One of the documents needed is the court record. So, just follow what stated in the Packet 3 later and prepared all documents needed. Good luck with your visa journey!  

[Seraphinek 99]

15 hours ago, Perfect two 💑 said:

Hi,

 

Don't worry so much. There is no part in I-129F about a beneficiary criminal record. So, you are doing great so far. I will not worry much since shoplifting is not a big crime. Once you get your NOA2, Case Number and US embassy in KL received your petition. They will send out a packet 3 to you (through email) it will state all documents needed and step by step what you need to do. One of the documents needed is the court record. So, just follow what stated in the Packet 3 later and prepared all documents needed. Good luck with your visa journey!  

Thank you so much! I really hope it won’t be a problem.

[Blossomka 9]

Hi!

 

Could you please give us here your updates? I have the same problem, but we filed our petition in December 2017. That would be really helpful.

 

[Seraphinek 99]

1 hour ago, Blossomka said:

Hi!

 

Could you please give us here your updates? I have the same problem, but we filed our petition in December 2017. That would be really helpful.

 

Hi! Currently we’re still waiting for our petition to be approved. We’ll give you updates once we talked to a lawyer and went through the interview.

[John & Rose 7,239]

On 3/1/2018 at 4:23 AM, Seraphinek said:

Thank you so much! I really hope it won’t be a problem.

Just be very open and honest if asked.  Generally the CO is looking for alcohol/drug related or domestic abuse related offenses.  Don't hide your past but also don't volunteer information that was specifically asked for.  You should be fine.

[Seraphinek 99]

On 02/03/2018 at 10:50 PM, John & Rose said:

Just be very open and honest if asked.  Generally the CO is looking for alcohol/drug related or domestic abuse related offenses.  Don't hide your past but also don't volunteer information that was specifically asked for.  You should be fine.

I tried to apply the police cert or certificate of good conduct here in Malaysia but the status said failed. I’m afraid it is because of my record. What am I supposed to do since the embassy will require the certificate? 

[abum 324]

5 minutes ago, Seraphinek said:

I tried to apply the police cert or certificate of good conduct here in Malaysia but the status said failed. I’m afraid it is because of my record. What am I supposed to do since the embassy will require the certificate? 

How far ago was the crime committed? Not sure what is the period covered by the cert of good conduct in Malaysia

[John & Rose 7,239]

37 minutes ago, Seraphinek said:

I tried to apply the police cert or certificate of good conduct here in Malaysia but the status said failed. I’m afraid it is because of my record. What am I supposed to do since the embassy will require the certificate? 

Get as much information as you can get.  Any police documents will help.  Make sure you do your due diligence in putting together an explanation for the CO.  Don't overthink it.  Just be prepared for questions.

[Seraphinek 99]

1 hour ago, abum said:

How far ago was the crime committed? Not sure what is the period covered by the cert of good conduct in Malaysia

It was three years ago. Was sentenced one day in prison and paid fine.

[Seraphinek 99]

1 hour ago, John & Rose said:

Get as much information as you can get.  Any police documents will help.  Make sure you do your due diligence in putting together an explanation for the CO.  Don't overthink it.  Just be prepared for questions.

I’m thinking about going to the court where my hearing was and then go to the police. Tomorrow I’m gonna try and call the Foreign Affairs and inquire about this. Thanks for you advices. I’m worried as this is really important for me and my partner.

[John & Rose 7,239]

3 minutes ago, Seraphinek said:

I’m thinking about going to the court where my hearing was and then go to the police. Tomorrow I’m gonna try and call the Foreign Affairs and inquire about this. Thanks for you advices. I’m worried as this is really important for me and my partner.

First, don't worry about it.  Whatever will happen will happen.  Stay positive and get all of the information you can.  There should be some court records available.  Stay confident and be open and honest with the CO.  They will be able to understand.  Don't stress over this.  Just get as much information as you can and present yourself (if asked).  Have the paperwork ready but don't volunteer information.  Answer any questions honestly but only answer the questions asked.  You should be fine.  

[Vovo 0]

Hi Rose 

 

How did you go for the interview ? 

 

[John & Rose 7,239]

5 minutes ago, Vovo said:

Hi Rose 

 

How did you go for the interview ? 

 

So far they only had their medical.  They all passed.  The interview is scheduled for April 17 and I will be there for it.

[Sugaray 0]

If the beneficiary has a dismissed theft case.what should be the answer on the question have you ever been arrested?

Edited October 6, 2018 by Sugaray