Approval with criminal record?

[marbles 0]

My wife and I are living in Korea, I-130 approved, and were gathering all the evidence for the visa application, Korean police report being the final document and guess what... turns out her former employer filed a fraud case against her over a year ago and she was never notified. She failed to pay back a cash advance of about $1500 from previous employer under some extreme circumstances. She offered to pay it back now but the employer does not want to come to an agreement. The police investigator already told my wife she is guilty and she will be heading to a prosecutor next. Foreigner vs Korean typically doesn't end well for the foreigner. I emailed the US Embassy here but have not received a reply. So does anyone have any insight on submitting with a criminal record or know if it will be instant denial?

[Mike E 11,739]

IMHO, you are beyond DIY now.

[Boiler 45,466]

So your wife is not Korean?

[SalishSea 17,818]

You need a good lawyer.

[Mike E 11,739]

16 minutes ago, SalishSea said:

You need a good lawyer.

Two good lawyers.

 

The complexity here is whether it is better / required to get the criminal case resolved before proceeding with the visa or not. 

[marbles 0]

1 hour ago, Boiler said:

So your wife is not Korean?

No, both foreigners that met while working in Korea

[marbles 0]

55 minutes ago, Mike E said:

Two good lawyers.

 

The complexity here is whether it is better / required to get the criminal case resolved before proceeding with the visa or not. 

Right, may end up needing two. Fun times ahead!

[Adventine 3,196]

A quick search says that if a foreigner has a criminal case in South Korea, there may be an exit ban applied. So even if the visa is issued, the applicant may not be able to leave the country. So I would do everything possible to resolve the criminal case first:

 

Quote from US State Dept's South Korea info page:

 

Passport Seizures and Exit Bans: If you are involved in a criminal investigation or commercial dispute, authorities may seize your passport and/or block your departure. While we may reissue a passport, we cannot lift an exit ban.

 

 

Source:

 

https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages/SouthKorea.html#:~:text=Exit Permits%3A Exit permits are not generally required.

Edited September 13, 2023 by Adventine

[pushbrk 12,876]

20 hours ago, marbles said:

She failed to pay back a cash advance of about $1500 from previous employer under some extreme circumstances. 

Yes, you'll need a lawyer for the criminal case, and once resolved, should consult a competent US Immigration attorney familiar with family based immigration.

 

When you do, don't explain as vaguely as you did above.  "Extreme circumstances" have nothing at all to do with guilt.  She knew she got the advance and knew she didn't pay it back, reasons or not.