Criminal record

[Traciusa 0]

My fiance was arrested in 2006 at 18 years old . He was found not guilty for the assault charge. He was falsly accused. Could be be denied a k1 visa? Can he only get denied if found guilty?

[Yareth 59]

We need more information. Please fill out your timeline.

 

If your fiancee is the petitioner (us citizen), then he needs to include all criminal records in the i-129f petition, even if he was falsely accused. 

 

At face value, it shouldn't be an issue as long as he shares all the information that's being asked for.

[Traciusa 0]

I’m sorry for lack of details. I am the petitioner . My fiance is in Jamaica. He was charged with assault. Found not guilty when he was 18 years old. He is now 37 

[Shenniel 3]

I think as long as it’s not a crime towards a child he has a chance. They are gonna prolly gonna wanna see court details etc, and he may have to file some waiver of some sort. ( I only say this because when I went to my k1 interview in Kingston, this is what I heard the consulate telling a guy). You can do more research on the USCIS website. 

 

also, this is not legal advice as I am not a lawyer in no way, shape or form. 

[Traciusa 0]

Thanks for ur input. I spoke to an immigration attorney and he said as long as he was found not guilty it will not count against him. We will need to provide court paperwork to embassy to show not guilty