CR1/K1 Non-violent/non-drug related criminal record.

[Darth Andrew 0]

Hi everyone,

 

I'm an American considering my options with my fiance from the Philippines. I'm the one who has a criminal record from almost 13 years ago, multiple felonies including forgery and embezzlement, nothing violent, drug or sex related. I've cleaned up my life and I haven't been in trouble since. I've been open and honest about my record with my fiance, and she fully understands my past.

My question is, would this complicate things or be an issue on getting a CR1 or K1 visa approved?

 

Thank you!

[TBoneTX 45,580]

Thread is moved from General Immigration Discussion to the K-1 Process forum.

8 hours ago, Darth Andrew said:

I've been open and honest about my record with my fiance, and she fully understands my past.

This is one part.  The other is that you must submit complete copies of your criminal record (each case and its resolution) when you file the I-129F or I-130 petition.

8 hours ago, Darth Andrew said:

considering my options with my fiance

The CR-1 visa (via filing the I-130) is superior to the K-1 (see below).  However, avoid marrying until you clarify that your criminal history will not preclude you from bringing her here, or preclude you from visiting the Philippines.

 

Compiled by our good member Crazy Cat:

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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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

 

CR-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.

Edited September 12 by TBoneTX

[TBoneTX 45,580]

Actually, thread is now moved to the "What Visa Do I Need?" forum.

[TBoneTX 45,580]

An excellent firm to hire to help you decide and to navigate the process is one of our VJ partners:

I have no conflict of interest in suggesting this avenue.

[Darth Andrew 0]

We already met in the Philippines, I've been there twice. Stayed for 1 month and 6 months respectively with zero issue.

 

With that said, I'll check out the firm you listed. This is helpful I really appreciate it!

Edited September 12 by Darth Andrew

[TBoneTX 45,580]

38 minutes ago, Darth Andrew said:

zero issue

Good to hear!  Other countries might have a problem, of course.

Yes, check out Platinum, which gets stellar reviews.