K1 or CR1 HELP AWA ?

[gamer2000 0]

I can't really seem to make up my mind. I'm REALLY needing some help and keep flip flopping on which way to go. I even hired someone to help me but they are confident I can get approved but my confidence is not great LOL so I'm looking for a second opinion. 

I have a pretty good criminal history record. Felony theft no assault charges , No violence etc.  or No drug offenses or NO DUI charges go back all to when I was younger I'm in my mid 40s now.  I don't have any convictions that I would think follow under AWA I think , However I have an arrest that shows up on my FBI report that looks absolutely terrible it defiantly is a AWA charge with a minor, it was quickly dropped due to lack of evidence so they amended the charges and charged me with a misdemeanor non person it wasn't sexual even noted on sentencing document  and the state statue on the end conviction doesn't follow under any crimes against a minor, but is still connected to this arrest.  I'm concerned since I was arrested this will raise red flags even though I wasn't found guilty of the arresting charges but I took a plea in another charge resulting in a non person conviction which I would think trigger a AWA flag for a deeper dive with k1! 

Next problem -      I have done several background checks on myself to insure that I have all the correct information and do not lie on any forms and I'm honest. I have obtain all my certificate court documents from the courts with my disposition and have police reports, these police reports are not certified and the state police do not certified police report hopefully this is not a issue and the court documents will be enough!  after this issue  next HOWEVER I think I might have a Juvenile offense, I really do not know. I remember something serious happening when I was 13 to 15 I was a victim of some crime and it resulted me having some type of law contact and possible trouble.  I can't get any type of information and there's no record or any obtainable document ANYWHERE. I have done fingerprint scans , state checks and national online public checks and nothing shows up.  So if I don't know what this was about how do I proceed ?  Juvenile offense are protected and normally are destroyed at the state level and the county tell me I don't have any offense anywhere as a Juvenile and IF I did they can't get me any type of document since it was destroyed after 30 years and they will not provide a document saying no record found for me, it's against there policy .  So If I'm RFE I'm SOL and I have no record of what happened what I read according to uscis website and rulings  Juvenile Convictions. In general, a guilty verdict, ruling, or judgment in a juvenile court does not constitute a conviction for immigration purposes. A conviction for a person who is under 18 years of age and who was charged as an adult constitutes a conviction for immigration purposes. I also see there's a policy statement mentioning USCIS not able to obtain Juvenile records at all after a person reach's a certain age and are not allowed access to the files ,They can however ask if the information is provided. In addition this this I had have had an approved i-130 back in 2007-2009  so I would think my record wouldn't be a issues since I have no new charges since that approval but things change and maybe something was overlooked 

 

 

With all of this being said which route would be best k1 or cr1? What's the timing vs each of them ? I can go both routes my fiancé has kids as well which I think will slow the process down  as well with the CR1. 
 

[Crazy Cat 41,806]

***Moved to What Visa Do I Need?***

 

All things considered, I would strongly consider marrying and starting the spousal visa process.

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1 
  More expensive than CR-1
  Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
  Spouse can not leave the US until she/he receives approved Advance Parole (approx 3-6 months) 
  Spouse can not work until she/he receives EAD (approx 3-6 months) 
  Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period 
  Spouse will not receive Green Card for many months after Adjustment of Status is filed.
  A K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-1
  Less expensive than K-1 
  No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

 

 

Edited July 8 by Crazy Cat

[gamer2000 0]

Thanks for the reply I honestly would prefer the k1 I'm just concerned with the above listed in the first post  I posted.  I hear the k1 is faster too 

[top_secret 2,402]

K1 the petitioner is required to proactively declare arrests and convictions and provide police reports and court documents for many cases.  It's a big part of the process. CR1 does not require the petitioner to declare arrests and convictions at all, anywhere in the process.  Though USCIS may still run their own background check.

[Crazy Cat 41,806]

13 minutes ago, top_secret said:

K1 the petitioner is required to proactively declare arrests and convictions and provide police reports and court documents for many cases.  It's a big part of the process. CR1 does not require the petitioner to declare arrests and convictions at all, anywhere in the process.  Though USCIS may still run their own background check.

Bingo!!  That's what I was referring to in "All things considered".  

Edited July 8 by Crazy Cat

[powerpuff 6,677]

9 minutes ago, top_secret said:

K1 the petitioner is required to proactively declare arrests and convictions and provide police reports and court documents for many cases.  It's a big part of the process. CR1 does not require the petitioner to declare arrests and convictions at all, anywhere in the process.  Though USCIS may still run their own background check.

Exactly. Any hint of AWA during K1 has a very high chance of the case being transferred to Vermont service center where it will enter a black hole of indefinite waiting. This makes the CR1 wait seem like nothing. 

[JeanneAdil 6,489]

What country is fiancee from and living in?

 

to marry in many requires criminal report of the USC

this could stop a marriage

[Ontarkie 14,214]

I would speak to an attorney who is familiar with AWA. Any other attorney is just wasting your time and money. Pleading down does not change the original charge either, USCIS will see everything. 

[gamer2000 0]

1 hour ago, JeanneAdil said:

What country is fiancee from and living in?

 

to marry in many requires criminal report of the USC

this could stop a marriage

nicaragua she has no record what so ever

 

 

[gamer2000 0]

I don't have any charges for violence however one the of the charges is a DV charge for phone harassment as well it's a non person offense so I'm not sure how that will play out with the k1 

[JeanneAdil 6,489]

6 minutes ago, gamer2000 said:

 

was not talking about her

[gamer2000 0]

3 minutes ago, JeanneAdil said:

was not talking about her

I'm in the USA 

[beloved_dingo 1,976]

6 hours ago, gamer2000 said:

Thanks for the reply I honestly would prefer the k1 I'm just concerned with the above listed in the first post  I posted.  I hear the k1 is faster too 

The K-1 can be faster; it is absolutely not guaranteed to be. CR1 is superior to K-1 anyway, even if the wait is slightly longer. And as someone else noted, due to your arrests/record, it is likely your K-1 process would take longer than the norm.

[SalishSea 17,801]

7 hours ago, top_secret said:

K1 the petitioner is required to proactively declare arrests and convictions and provide police reports and court documents for many cases.  It's a big part of the process. CR1 does not require the petitioner to declare arrests and convictions at all, anywhere in the process.  Though USCIS may still run their own background check.

USCIS absolutely will conduct background checks on the petitioner.