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Nyla J

Beneficiary's Criminal History

By Nyla J in K-1 Fiance(e) Visa Process & Procedures

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Nyla J Contributor

Nyla J   7

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Filed: IR-1/CR-1 Visa Country: Mexico
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13 hours ago, Boiler said:

Well it is under 30

 

Potentially a medical as well as criminal issue

 

Do you have a lawyer?

No. Wasnt sure I needed one. Still researching the experience/ knowledge if others to see how serious this ranks and to find out protocol and what we need to prepare for.

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Boiler Grand Master

Boiler   45,467

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Certainly possible to put together your own waiver,  well I know of people who have done it. Depends on the level of your competency, how much you are prepared to do the research etc.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Austin96 Apprentice

Austin96   15

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20 hours ago, cimking said:

Is it advisable to have the waiver prepared and ready for submission at the interview...so as to save time?

Is it advisable to have the waiver prepared and ready for submission at the interview...so as to save time?

 Visit,

AAO Non-Precedent Decisions | USCIS, in the search box insert marijuana, effectively will take to to a whole list of cases that AAO has dealt with in the past and by going through the cases, it will help you determine the evidence you will require to prepare you I-601 waiver. 

 

Hope this helps !

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brevig Explorer

brevig   28

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Filed: K-1 Visa Country: Cambodia
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On 9/13/2021 at 11:46 PM, cimking said:

Thank you!  I actually had the whole packet ready to mail off and his criminal history began weighing heavy on my mind.  Once I researched the probability of him being denied I started to look into CR1.  So your comment has seemed to confirm my thoughts on that.   I probably need to change my profile to CR1 and start dabbling in those groups.  Hopefully, all the document gathering I did for the K1 will not have been in vain and I can use it for the CR1.  Well... we're excited to get married either way, lol!  Ugh, this process...is a real mess.

Sorry for the late response.  Just to fill you in, I did a K1 application and I the PETITIONER have 3 misdemeanor convictions (last 2007) and none that need a waiver, but was denied (even though we lived together nearly 5 years).  I've talked to 5 lawyers (2 free, 3 paid) and ALL said I should get married.  Also, I've noticed many of the immigration lawyers doing advice on YouTube have sworn off K1 visas in general and for sure if a criminal history is involved.  Also on this board I've heard that response (GET MARRIED).  Yes, you can get a waiver for his criminal history, but WOW, they are even denying K1 for much less (across the board).  I wish the best for you and your fiance, and really believe that a K1 is a long shot, and am glad you are considering it and able to fix things before you get locked into a year long wait on a high stakes gamble.

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Nyla J Contributor

Nyla J   7

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On 9/17/2021 at 3:55 AM, brevig said:

Sorry for the late response.  Just to fill you in, I did a K1 application and I the PETITIONER have 3 misdemeanor convictions (last 2007) and none that need a waiver, but was denied (even though we lived together nearly 5 years).  I've talked to 5 lawyers (2 free, 3 paid) and ALL said I should get married.  Also, I've noticed many of the immigration lawyers doing advice on YouTube have sworn off K1 visas in general and for sure if a criminal history is involved.  Also on this board I've heard that response (GET MARRIED).  Yes, you can get a waiver for his criminal history, but WOW, they are even denying K1 for much less (across the board).  I wish the best for you and your fiance, and really believe that a K1 is a long shot, and am glad you are considering it and able to fix things before you get locked into a year long wait on a high stakes gamble.

Well, we got married last October. CR1 petition approved. We're in the NVC stage.  Now, we need to get his criminal history,  police certificate. So I'm back in the board looking for advice. How are y'all doing?

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TBoneTX Grand Master

TBoneTX   45,266

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A hijack post has been removed.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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MrsRaj Rookie

MrsRaj   1

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Filed: IR-1/CR-1 Visa Country: Fiji
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On 3/13/2022 at 2:15 PM, Nyla J said:

Well, we got married last October. CR1 petition approved. We're in the NVC stage.  Now, we need to get his criminal history,  police certificate. So I'm back in the board looking for advice. How are y'all doing?

Hi Nyla congratulations, hope your CR1 got approved and your interview went well too? Please do advise how it went as we’re in a similar situation and your response will highly help us.

Edited by MrsRaj
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Nyla J Contributor

Nyla J   7

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On 5/18/2024 at 5:53 AM, visajourney212 said:

Any updates on your case? Were you approved?

 

We had to reschedule our interview which was originally January 4. Now it's June 4! We got a copy of his criminal record which was a nightmare to get.  I'll make sure to update in a few weeks. 

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Nyla J Contributor

Nyla J   7

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On 9/14/2021 at 9:06 AM, Austin96 said:

 Visit,

AAO Non-Precedent Decisions | USCIS, in the search box insert marijuana, effectively will take to to a whole list of cases that AAO has dealt with in the past and by going through the cases, it will help you determine the evidence you will require to prepare you I-601 waiver. 

 

Hope this helps !

Just coming back to say,  we got married in 2021 and started the cr1 process immediately. He had his final interview today after spending a week in juarez and was denied. They have him the blue paper which states he needs a waiver. Looks like this step has another 2 year waiting period.  Hmpf. The US system is grossly disappointing. Anyway,  I ventured back to this thread and clicked on the AAO link you provided and I've been reading cases all evening. Seems like there's hope. We'll see. Thanks again. 

Edited by Nyla J
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Nyla J Contributor

Nyla J   7

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On 5/18/2024 at 4:53 AM, visajourney212fra said:

Any updates on your case? Were you approved?

 

Finally had his interview this past week. He was denied today and told he needed a waiver. So now we're heading up for that next. But I heard the processing time is 2 years.  The really do everything they can to discourage you that's for sure.  

Anyway, the AAO link posted above in this thread has been immensely informative. I feel hope. I shouldn't but I do. 

How's it going for y'all?

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visajourney212fra Newbie

visajourney212fra   0

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On 6/6/2024 at 11:41 PM, Nyla J said:

Finally had his interview this past week. He was denied today and told he needed a waiver. So now we're heading up for that next. But I heard the processing time is 2 years.  The really do everything they can to discourage you that's for sure.  

Anyway, the AAO link posted above in this thread has been immensely informative. I feel hope. I shouldn't but I do. 

How's it going for y'all?

I am so sorry to hear that. Do you have a lawyer for the waiver? And I have no updates unfortunately. 

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Ontarkie Grand Master

Ontarkie   14,218

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~~Thread locked to further replies. The OP is now married and going down the path of a CR1 with waiver.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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