K1 Petition/Criminal Record Question

[BWG 1]

I'll be starting the K1 in a short time. I'm trying to get any potential paperwork(crime-related) in order before then. I've tried asking immigration services along with immigration lawyers but I feel like people are just talking in circles around me. 

 

The story: I had a domestic violence incident when I was younger(in 2006). I hate that it happened. I did all the things requested/rehabilitated, waited the appropriate timeframe, had it expunged 10 years ago, and haven't thought about it since. My record is completely clear except for that episode.

 

I started looking at the petition that I will start and noticed the crime history question. Luckily I do have 2 sheets of the charges and expungements. I also have a copy of the arrest record. I'm just wondering if this will be enough. 

 

I already tried to pull my record at a local level and they're gone(because of the expungement). I do have an appointment to pull my record through the FBI(if that'll even help).

 

 

I tend to do most 'official' things like this/taxes/etc on my own. Since there is this potential hurdle, I'm considering one of the services. One of the services first told me that I'd be better off marrying outside of the US and then doing the spousal visa. After they learned that I had the expungement documents, they told me that there shouldn't be an issue. I think I've watched every video and read every possible thing about it. Still no clear answers. Some take a blanket yes/no approach while others are more relaxed about it and say not to worry too much about it(just to disclose). 

 

 

 

 

 

 

 

 

 

 

[Asadu 🇳🇬❤️🇱🇷 10]

Hello

I think you should reach out to Jim Hacking Law. He is a immigration lawyer and he answers questions for free on his YouTube channel. His email is @hackingimmgrationLawLLC.

I know he would be able to help you with your questions. Go on to his YouTube page. He is awesome. Trust me I called his show and help me. My K1 visa was NVC approved our case on August 11th praise god. We are about to schedule our interview. Good luck 🙏

Sheena & Christian. 

[Chancy 6,241]

53 minutes ago, BWG said:

One of the services first told me that I'd be better off marrying outside of the US and then doing the spousal visa.

 

I assume you're the US citizen would-be-petitioner.  If you have a criminal record (even if expunged), it's true that it would be better to marry then pursue a spouse visa for your beneficiary as the I-130 petition does not require disclosure of your criminal background.  But if you insist on pursuing K1, the I-129F instructions say to "submit certified copies of all court and police records showing the charges and disposition for every arrest
or conviction." -- https://www.uscis.gov/sites/default/files/document/forms/i-129finstr.pdf

 

[BWG 1]

Update for anyone who might come across this in the future. 

 

I did the petition myself. No service/lawyers involved. Every police record I pulled, local/state and FBI... all empty. I sent the empty records in. Luckily I had my court papers stored at my dad's. I sent the court records along with the expungement documents. I also used Part 8 on the I-129F to explain the story. 

 

I didn't have any issues at all. No RFEs. Approved in 5 months and my fiance will be here soon. 

[TBoneTX 45,287]

Thank you for returning with your update.  This is interesting information.

Congratulations on your approval, and advance welcome to your fiancee!