I-129F and criminal records. Waiver?

[carla s 4]

My american fiance almost 30 years ago was judged by general court martial and he was confined for 2 years and 6 months for agg assault, conspiracy and destr to private property. 

We have all the documents about that and we know that we have to send all that documents. They are not specified crimes listed in part 3 1-3.c Criminal Information.

We don't know:

- if we have to ask for a waiver for his criminal record. And if yes, what kind of waiver (general waiver, Extraordinary circumstances waiver, mandatory waiver)?

- if is better to hire a lawyer for to have the K1 visa or if we don't need a lawyer.

Thanks for your help

 

[geowrian 22,338]

It sounds like a waiver won't be needed as his crimes don't fall under any categories requiring one, and he (presumably) is not a multiple filer. He must still disclose the crime for question #4 and provide all the documentation about it. This is to comply with IMBRA requirements and ensure you are aware of his criminal history prior to getting the visa.

 

A lawyer is not needed in most cases. The circumstances listed here are not suggestive that one would be of particular help. Review the instructions for each form, review the guide here on VJ (http://www.visajourney.com/content/k1guide), and ask questions.

[carla s 4]

7 minutes ago, geowrian said:

It sounds like a waiver won't be needed as his crimes don't fall under any categories requiring one, and he (presumably) is not a multiple filer. He must still disclose the crime for question #4 and provide all the documentation about it. This is to comply with IMBRA requirements and ensure you are aware of his criminal history prior to getting the visa.

 

A lawyer is not needed in most cases. The circumstances listed here are not suggestive that one would be of particular help. Review the instructions for each form, review the guide here on VJ (http://www.visajourney.com/content/k1guide), and ask questions.

Thank you. My problem is that my english is bad is very difficult for me to understand the instructions. I have many friends here in Italy that are lawyer but they don't know the law in USA and they can not help me. So do you suggest me to don't ask a waiver? Anyway no, that is his first time that he applay for a K1 visa. The problem is that if we will not have the K1 visa he has to move to Italy and his italian is worst than my english...

[payxibka 10,047]

7 minutes ago, carla s said:

Thank you. My problem is that my english is bad is very difficult for me to understand the instructions. I have many friends here in Italy that are lawyer but they don't know the law in USA and they can not help me. So do you suggest me to don't ask a waiver? Anyway no, that is his first time that he applay for a K1 visa. The problem is that if we will not have the K1 visa he has to move to Italy and his italian is worst than my english...

A petition is to be prepared by the USC and NOT by the alien

[geowrian 22,338]

7 minutes ago, carla s said:

Thank you. My problem is that my english is bad is very difficult for me to understand the instructions. I have many friends here in Italy that are lawyer but they don't know the law in USA and they can not help me. So do you suggest me to don't ask a waiver? Anyway no, that is his first time that he applay for a K1 visa. The problem is that if we will not have the K1 visa he has to move to Italy and his italian is worst than my english...

The I-129F is primary the petitioner's form. There's a couple items the beneficiary needs to provide, but most of the information should be coming from the US citizen. Since his English is fine (I'm assuming), I suggest that he reads through the instructions and guides to best understand the requirements.

I do not believe a waiver is needed in this case. Just documentation is needed.

 

While not part of your question, it sounds like there may be a language barrier between you two. While Italy is a pretty low fraud country, having a common tongue (or other way to show how you regularly communicate) is commonly something they look for. Be sure to provide good evidence of a bona fide relationship to help in that area, if it is an issue.

Edited May 17, 2018 by geowrian

[carla s 4]

7 minutes ago, payxibka said:

A petition is to be prepared by the USC and NOT by the alien

I know but I am the one that have more free time, and he is not college educated and he doesn't know how to prepare all the documents... I work on them and I sent do him so he can check them out

[carla s 4]

10 minutes ago, geowrian said:

The I-129F is primary the petitioner's form. There's a couple items the beneficiary needs to provide, but most of the information should be coming from the US citizen. Since his English is fine (I'm assuming), I suggest that he reads through the instructions and guides to best understand the requirements.

I do not believe a waiver is needed in this case. Just documentation is needed.

 

While not part of your question, it sounds like there may be a language barrier between you two. While Italy is a pretty low fraud country, having a common tongue (or other way to show how you regularly communicate) is commonly something they look for. Be sure to provide good evidence of a bona fide relationship to help in that area, if it is an issue.

I am able to understand enought well english and to be understood. We spent together 6 months (I went in the USA three times) and he went to Italy too, I met his parents, he met my parents too. We travelled a lot together and we chat and talk everyday from 2 years and half and we can prove all of that. I don't think that I have to speak a perfect english for to be recognized as his partner

[geowrian 22,338]

1 minute ago, carla s said:

I am able to understand enought well english and to be understood. We spent together 6 months (I went in the USA three times) and he went to Italy too, I met his parents, he met my parents too. We travelled a lot together and we chat and talk everyday from 2 years and half and we can prove all of that. I don't think that I have to speak a perfect english for to be recognized as his partner

That's fine. I didn't imply that both partners need to speak perfect English. I was just pointing out that if there was a language barrier then be extra sure to prepare sufficient relationship evidence for your case.