Criminal Record question

[EmilyEC 1]

My fiance and I are applying for the K1 visa, we both live in Seoul South Korea currently as I have a job here and we met here in Korea. I had a DUI when I was 19. I was able to get in contact with my lawyer and he sent me a copy of ORDER GRANTING EXPUNCTION OF CRIMINAL RECORDS. It has all of my information about the arrest and the records being expunged afterwards. At the bottom it has the signature of the presiding judge and it also has A CERTIFIED COPY ATTEST with the signatures of the county clerk and deputy. I can't physically go to the court because I am living in Korea and this occurred in the States. Is this copy that he emailed me going to be enough? I don't want to risk getting an RFE. 

 

Thanks in advance!

[OldUser 6,670]

@EmilyEC I think the bigger question is, how can you prove your domicile in the US for the purpose of K-1? I assume you are the US citizen and your spouse is the immigrant.

[Chancy 6,241]

10 hours ago, EmilyEC said:

we both live in Seoul South Korea

 

Any reason why you don't just get married and pursue CR1/IR1 spouse visa instead?  Utah zoom marriage is available to you if you don't want to go through the South Korean marriage process.  With an I-130 petition, you don't have to worry about your DUI records from years ago.  More importantly, at the end of the process, your spouse-to-be gets a green card immediately upon entering the US vs a one-time use visa that only allows 90-day stay without work/travel authorization.  Also, estimated timelines are about the same or possibly worse for the K1 visa process.

 

If you're really set on pursuing K1 visa despite its disadvantages, just submit a copy of the court order that you have.  Unlikely that you'll get RFE for more court documents regarding your DUI.

 

[EmilyEC 1]

21 hours ago, OldUser said:

@EmilyEC I think the bigger question is, how can you prove your domicile in the US for the purpose of K-1? I assume you are the US citizen and your spouse is the immigrant.

I am only on contract working here until December 2023. I have proof of my contract and I go home regularly, I will be home for two months from Novemeber to January to spend holidays with my family.