Support and police record problem

[shadow42 0]

My situation is as follows;

I previously fell in love with a texan woman (I am from the UK). I moved to Texas and eventually managed to get my temporary visa after the k3 etc. However as it turned out she was only after me for the money I had at that time and wanted the marriage to (in her mind) get a claim to it.

Once we were married she started an affair of which I find out about. She realised it would look bad to get rid of me having come to a different country and the fact that I still did everything for her and so she basically called the police and made a claim about me threatening her. I was taken of to jail and given a state appointed lawyer and given a class C misdemeanor by the Judge. Due to the fact that she then took out a restraining order I returned home. (She moved the other guy in the next day after my arrest). She took me for $100,000 and still asked for money, which i sent for her children upon return to the UK even though she was living with the other guy. I kick myself now but love can make you do stupid things

So basically I have a US social security number and Alien number which i filed in on the new visa application form.

I am now engaged to a wonderful Floridian woman and we have petitioned for the k1 visa. However although I make good money in the UK presently, she does not work and cannot support me.

So given the facts above, does anyone have any advice to watch out for with regard to what I think are our two tricky points:

Affadavit of support (her brother is willing to be a co sponsor and earns around $80,000 a year)

and my class C misdemeanor

Many thanks for any advice

P.s. we are waiting for our NOA2 presently from california.

Edited July 9, 2007 by shadow42

[YuAndDan 153]

Co sponsor is fine, the class C misdemeanor may require a waiver to be filed, if it is your only offense then it should be able to be overcome.

SEE: http://london.usembassy.gov/dhs/uscis/ivwaiver.html

You may want to read up on the embassy website, they have good info about affidavit of support.

http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html

[shadow42 0]

Yes it is my only offence ever in the US or the UK, I have a clean report from the UK and also have the paperwork for the class C.

Many thanks for your help.

[Rings 10]

I agree with YuAndDan, you will definately need a co-sponsor and you should pre-pare to face the challenges of the 601 waiver due to the criminal history. You will have to supply a police clearance from Texas when you go through your interview.

[shadow42 0]

I dont have a police clearance from Texas , only for the UK. However I do have a notarised copy of the Class C from Texas, would this be enough as I heard its actually hard to get a 'police certificate' in Texas for a person who is not present.

I was not sentenced to any jail time or anything as far as the 6 month ruling is concerned.

would this be sufficient ?

[shadow42 0]

Also, I have read through the I-134 and there are a few boxes which I think my fiance's brother will struggle with.

Where it says relationship to sponsor , what does he put ?

Also box 10 where it says I have submitted a visa petition to the bureau on behalf of....should he put my name or put none as officially it is his sister who has filed.

Also should he click box 11 as intending to make contributions ?

Sorry for all the questions we are just thankful for any help you can give as we do not want anything to go wrong.

Many thanks

[YuAndDan 153]

I dont have a police clearance from Texas , only for the UK. However I do have a notarised copy of the Class C from Texas, would this be enough as I heard its actually hard to get a 'police certificate' in Texas for a person who is not present.

I was not sentenced to any jail time or anything as far as the 6 month ruling is concerned.

would this be sufficient ?

You may try: https://records.txdps.state.tx.us/DPS_WEB/Portal/index.aspx

I suspect that the consulate will see your record when they do a name check.

[shadow42 0]

Many thanks for that link.

I signed up on it and paid for a search using my full name including middle name and date of birth and it said there were no records of me.

I hope this means that every thing will be okay. I printed it off to take with me when I finally get an interview.

Many thanks again for helping me

Edited July 9, 2007 by shadow42

[Magnolia31 0]

I dont have a police clearance from Texas , only for the UK. However I do have a notarised copy of the Class C from Texas, would this be enough as I heard its actually hard to get a 'police certificate' in Texas for a person who is not present.

I was not sentenced to any jail time or anything as far as the 6 month ruling is concerned.

would this be sufficient ?

You can easily get your PC from Texas even though you are not there. I had to get mine from Texas as well and I was in Germany. All you have to do is call the Police Records section of the police department and they will tell you what information they need from you. I needed to make a written request and include all my addresses I had in the states as well as my BC, ex husband's name, etc. It cost me $7 and received it within a week.

How did you end up going to jail for just making a threat? My ex husband threatened me all the time and nothing ever happened to him. Hmm.

[shadow42 0]

Thanks for that information, The reason I was taken to jail was due to the fact that we were both intoxicated and apparently Texas state whenever called to a domestic dispute with alcohol always takes the male off to jail and presses charges itself due to the fact the wife might be too afraid to. They were going to take my wife off to jail too at the time due to the fact that she was totally drunk however I begged them to just take me due to the fact she had two small children who would need to be taken care of.

I guess you never called the police on whomever you are refering to, or not knowing your circumstances I am not sure why your husband was not jailed for any length of time if you would like to pm me I will talk you through further what I was told if it is still a concern of yours.

Thanks again for the information,