Why you, (US Petitioner) should not lie about your criminal or other histories

[Sparkle Sparkle 914]

found this interesting read while doing some digging :- https://fam.state.gov/fam/09FAM/09FAM050207.html#M502_7

9 FAM 502.7-3(C)(4)  K Visa Interview

(CT:VISA-579;   04-27-2018)

a. The Alien is to be Invited for an Interview When:

(1)  The alien has reported that all of the necessary documents have been collected; and

(2)  The medical examination has been completed and the report is or will be available before the interview.

b. You must direct the interview to determine eligibility as if the alien were applying for an immigrant visa in the immediate relative category. You must also:

(1)  Inform the K-1 or K-3 visa applicant of any protection orders or criminal background information regarding the petitioner that U.S. Citizenship and Immigration Services has reported with an approved K petition. After informing the applicant, give the applicant time to decide whether he or she wishes to proceed with the K visa application, and, in the case of an applicant for a K-1 visa, whether he or she still intends to marry the petitioner within 90 days of entering the United States. Enter appropriate case notes into the IVO system to indicate that the applicant received notice of the petitioner's criminal background information (see 9 FAM 502.7-3(D)(1) for more specifics);

(2)  Inform the K-1 or K-3 visa applicant of any previously approved Form I-129F petitions filed by the petitioner.  You will find this information on the approved Form I-129F as USCIS annotates approved Form I-129F petitions to indicate multiple filings.  (Note: Under IMBRA, if a U.S. citizen already has had two fiancé(e) or spousal petitions approved less than ten years prior to the filing of a subsequent petition, the K-1 or K-3 applicant who is the beneficiary of the subsequent petition is to be notified.  Absent an IMBRA waiver, USCIS may not approve a petition filed by an individual who (1) has filed two or more previous fiancé(e) or spousal petitions; or (2) has had such a petition that was filed within the previous two years approved.  USCIS indicates these waivers by noting "IMBRA waiver approved" in the approved petition's Remarks block.  Aside from informing the beneficiary of the previous petitions, no additional steps are required of you.)  Make appropriate case notes in IVO;

(3)  Ask the applicant whether an international marriage broker (IMB) facilitated the relationship with the petitioner and if so, identify the IMB, and then ask if the IMB complied with the International Marriage Broker Regulation Act of 2005 (IMBRA) by providing the applicant with the required disclosures and information (see 9 FAM 502.7-3(D)(1))  If the IMB did not provide the required disclosures and information, make case notes in IVO on the failure of the IMB to comply with IMBRA and provide that information to CA/VO/F/IE by email.  Proceed with case processing; do not wait for clearance to proceed;

(4)  Provide to each K-1 or K-3 visa applicant another copy of the USCIS pamphlet, "Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa," which they already should have received when the instruction packet was first mailed to them (see 9 FAM 502.7-3(C)(2) paragraph d(3)), in English or another appropriate language;

(5)  Orally review with the applicant, in his or her primary language, if feasible, or otherwise in either the language spoken in the country of application or English, the synopsis of the points contained in the pamphlet (found at 9 FAM 502.7-3(E));

(6)  Add case notes in IVO that the pamphlet was received, read, and understood by the applicant; and

(7)  In K-1 cases, obtain the applicant’s oath and biometric signature within IVO.  This certifies the applicant’s legal capacity and intent to marry.

 

Edited April 19, 2020 by Sparkle Sparkle
Highlighted my point

[JFH 12,190]

*~*~*procedural question moved from “progress report” to “process avd procedures”*~*~*
 

Absolutely! Not only is it bad for your marriage to keep secrets and tell lies but it will be mentioned in the interview. I was an IR-1, not K-1, and I was questioned about my husband’s criminal record. They didn’t ask me if he had one. They asked in a way that would have embarrassed me had I not known about it. I always recommend taking copies of the court records/prison records/anything like that to the interview to show you are fully aware not only of the crime but any restrictions that are placed on the person as part of his/her punishment (such as reporting, no-contact orders, banned from working in certain jobs, etc). 

[NoMansLand2020 298]

1 hour ago, JFH said:

*~*~*procedural question moved from “progress report” to “process avd procedures”*~*~*
 

Absolutely! Not only is it bad for your marriage to keep secrets and tell lies but it will be mentioned in the interview. I was an IR-1, not K-1, and I was questioned about my husband’s criminal record. They didn’t ask me if he had one. They asked in a way that would have embarrassed me had I not known about it. I always recommend taking copies of the court records/prison records/anything like that to the interview to show you are fully aware not only of the crime but any restrictions that are placed on the person as part of his/her punishment (such as reporting, no-contact orders, banned from working in certain jobs, etc). 

I don't think not telling a fiance or spouse about a charge or conviction that you had twenty years ago is keeping secrets or lying... But it really depends on what the circumstances are. 

 

Would you come out and tell them about a 25 year old traffic ticket you received for running a red light when you were 21?

 

I have three misdemeanor charges from 16 years ago that happened when I was in college. I paid my fine and went on with my life. Graduated from university and am currently working for the Department of Defense and hold a TS clearance.

 

Under normal circumstances, if I was marrying a local person and not going through this process, I wouldn't bring it up unless asked. 

 

[JFH 12,190]

1 hour ago, Solaris81 said:

I don't think not telling a fiance or spouse about a charge or conviction that you had twenty years ago is keeping secrets or lying... But it really depends on what the circumstances are. 

 

Would you come out and tell them about a 25 year old traffic ticket you received for running a red light when you were 21?

 

I have three misdemeanor charges from 16 years ago that happened when I was in college. I paid my fine and went on with my life. Graduated from university and am currently working for the Department of Defense and hold a TS clearance.

 

Under normal circumstances, if I was marrying a local person and not going through this process, I wouldn't bring it up unless asked. 

 

Your marriage, your choices. But would you rather she finds out from you or from someone else? I’m not talking about traffic tickets. I’m talking convictions. If she subsequently found out you hadn’t told her that, she would naturally wonder what other secrets you were hiding. 
 

FWIW my husband’s crime was committed in 1991. We met in 2012. Over 20 years later. We have told each other everything. And I was still asked about it at the interview.

[NoMansLand2020 298]

7 minutes ago, JFH said:

Your marriage, your choices. But would you rather she finds out from you or from someone else? I’m not talking about traffic tickets. I’m talking convictions. If she subsequently found out you hadn’t told her that, she would naturally wonder what other secrets you were hiding. 
 

FWIW my husband’s crime was committed in 1991. We met in 2012. Over 20 years later. We have told each other everything. And I was still asked about it at the interview.

I have a traffic violation that is a misdemeanor..and it was for plate registration...twenty years ago now. Many traffic violations are misdemeanors... Convictions.. I plead guilty. 

 

It's not just something you bring up out of the blue. That would most likely drive anyone away. 

 

You met in 2012..when did you find out about his past? 

Edited April 19, 2020 by Solaris81

[laylalex 7,284]

Um, if I found out that my fiance had been convicted of a misdemeanor, I would want to know about it. I'm not talking about tickets for speeding or moving violations. I would want to know if he had been convicted of simple assault, or even illegal dumping. I don't want to marry someone who would hide these things from me, because ultimately I am the one who gets to decide whether these are dealbreakers or not. For me, they aren't necessarily but I would want to know context. 

 

Marriages aren't safety deposit boxes you can secret away your past in. They tend to expose you, for good or bad, and they are built on trust as much as love. Lies have a way of exposing the truth, and compounding the hurt they may seek to prevent. 

[Just Paul 4,595]

It can come up at the interview.  My wife was asked about a misdemeanor conviction that was 18 years old.  I had already told her about it.

[Cheburashka34 228]

So if you do have a misdemeanor that is around ten years old, expunged, doesn't show up on FBI records, should you still disclose it on the K1 application?

I have already told my fiance about this by the way.

And if you do disclose it, could it at all cause the application to be denied? Also what paperwork should I include?

Thank you!🙂

Edited April 19, 2020 by Sommer S

[geowrian 22,337]

2 hours ago, Solaris81 said:

Would you come out and tell them about a 25 year old traffic ticket you received for running a red light when you were 21?

Traffic violations are civil violations. They are not criminal convictions. These are night and day comparisons.

 

41 minutes ago, Sommer S said:

So if you do have a misdemeanor that is around ten years old, expunged, doesn't show up on FBI records, should you still disclose it on the K1 application?

I have already told my fiance about this by the way.

And if you do disclose it, could it at all cause the application to be denied? Also what paperwork should I include?

Yes, it must be mentioned. This is in the I-129F itself: 

 

Quote

NOTE: These criminal information questions must be answered even if your records were sealed, cleared, or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record. If you need extra space to complete this section, use the space provided in Part 8. Additional Information

...

Have you ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, excluding traffic violations (unless a traffic violation was alcohol- or drug-related or involved a fine of $500 or more)?

Edit: Disclosure is not a reason for denial (unless it's a specified crime in the prior sections, or an AWA crime). Failure to disclose is....and has happened.

Edited April 19, 2020 by geowrian

[Sparkle Sparkle 914]

44 minutes ago, Sommer S said:

So if you do have a misdemeanor that is around ten years old, expunged, doesn't show up on FBI records, should you still disclose it on the K1 application?

I have already told my fiance about this by the way.

And if you do disclose it, could it at all cause the application to be denied? Also what paperwork should I include?

Thank you!🙂

Yes you need to disclose it... Does not matter if it has been expunged @geowrianor not you beat me to it😂😂😂

Edited April 19, 2020 by Sparkle Sparkle

[Cheburashka34 228]

Just now, Sparkle Sparkle said:

Yes you need to disclose it... Does not matter if it has been expunged 

What information would I need to include? It says I can just briefly describe it and include a letter that says I have no record. Is that sufficient? Has anyone ever been denied because of this, or is it just for them to let your fiance know?

[Sparkle Sparkle 914]

Just now, Sommer S said:

What information would I need to include? It says I can just briefly describe it and include a letter that says I have no record. Is that sufficient? Has anyone ever been denied because of this, or is it just for them to let your fiance know?

The least you will get for not disclosing it will be an RFE which will delay your application if you can respond to it, but or have your application come to a full stop if you cant respond to it. If it has been expunged you need to get a letter from the authorities concerned that it has been expunged... Or a document detailing what the case was about and what was the verdict 

[Sparkle Sparkle 914]

Read stories on here... Where petishioners don't even disclose their previous marriages or that they are registered sex offenders.

[NoMansLand2020 298]

2 minutes ago, Sommer S said:

What information would I need to include? It says I can just briefly describe it and include a letter that says I have no record. Is that sufficient? Has anyone ever been denied because of this, or is it just for them to let your fiance know?

There is an additional information page that you can provide information on the circumstances. Also provide court documentation stating that no record exists. 

I got a state record check that shows no records exist because as my issues were 16 years ago, I didn't remember what court I had gone through and didn't want to shell out hundreds of dollars for different jurisdictions to provide the same thing. 

 

[Cheburashka34 228]

3 minutes ago, Solaris81 said:

There is an additional information page that you can provide information on the circumstances. Also provide court documentation stating that no record exists. 

I got a state record check that shows no records exist because as my issues were 16 years ago, I didn't remember what court I had gone through and didn't want to shell out hundreds of dollars for different jurisdictions to provide the same thing. 

 

Okay perfect, I do have my old documents from the expungement that say no record exists with the court and I also have an FBI fingerprinting document that says no record exists. How detailed do I need to be about providing information on the circumstances so as to not cause a delay?