US Citizen with "criminal history" (all charges dropped/never convicted). Fiancé is Nigerian with clean record. K-1 or wait to do CR-1?

[NeverGiveUp111 0]

Hello,

 

Background: I am a US citizen residing in the US, who has never been convicted of any crime, but has been arrested once and had some temporary injunctions (all dismissed/dropped). My fiancé is a Nigerian citizen with a completely clean record, residing in Nigeria. We have spent time together in-person. I have spent time with her family as well. We plan to get married in several months.

 

We are wondering if it would be better to pursue a K-1 visa or a CR-1 visa. Disregarding the inherent pros and cons of each (such as $ costs), I would like to make the decision based on my  (A) “criminal history” and (B)in consideration of Trump possibly making things harder after his inauguration:

 

 

(A)    In 2019, I was arrested for domestic abuse related to my ex-girlfriend and our mutual child (so child abuse was alleged too). Long story short, she was making false allegations against me in hopes of keeping me from our child. She failed in her attempts, as I have significant custody of our child to this day

 

As I said, these were completely false allegations, and even though I had been arrested and in jail for about 1 week, the charges were completely dropped. I never admitted any guilt or agreed to any deals. I stood by my innocence and the charges were simply dropped. I had these charges expunged from my record, which makes obtaining the Certified Court/Police Copies for the I-129f very hard, if not impossible.

Between 2018-2022, there were also 3 temporary injunctions against me related to this, although all of them were also dismissed (due to lack of evidence). So, none of the injunctions ever became permanent. They were all dismissed due to lack of evidence.

 

P.S. I am aware of the Adam Walsh Act, even though I feel like it should not apply since I was completely cleared of any wrong-doing.

 

The i-129f asks for certified copies showing the police records and court records. That is a problem due to the expungement.

The i-130 does not ask for about my “criminal history” at all.

 

Whether I pursue K-1 or CR-1, I know they will eventually do a federal background check on me either way and will see that things happened with me (since expungement does not remove from federal files), but if I don’t have to provide the certified copies in the i-130, that seems like it would be a big help. So from my perspective here, the CR-1 seems better.

 

(B) I am also worried about Trump making this process even harder since my fiancé is in Nigeria, so that is main reason I am still considering the K-1 (to try and apply before trump’s inauguration). As some of you know, during Trump's last presidency, he restricted immigration from Nigeria. I suspect he will do something similar again.So from my perspective here, the K-1 seems better.

 

Please give me your thoughts.

 

Edited December 3 by NeverGiveUp111

[Dashinka 24,579]

You should still be able to get something official from the court showing something even if it shows no record found.  See the thread linked for someone in a similar situation.  As to your part B even if you file now, there is no way things will be wrapped up before Jan. 20, 2025.  As to a spousal visa (IR1/CR1) vs a K1, I would definitely look toward the spousal visa.  Nigeria is a difficult country regardless of who is in office, and you will need to show a solid relationship which is easier (relatively speaking) to do if married, and beginning to comingle the marriage.

 

Good Luck!

 

 

[Boiler 45,651]

CR1 would be best for the long list of reasons

[SalishSea 17,916]

12 hours ago, NeverGiveUp111 said:

P.S. I am aware of the Adam Walsh Act, even though I feel like it should not apply since I was completely cleared of any wrong-doing.

Your feelings about the application of the law won't be considered in this case.

 

And USCIS/DOS has access to all records, even expunged ones.

 

You may be best off getting a lawyer to help with your case.

Edited December 4 by SalishSea

[Cathi 5,769]

18 hours ago, NeverGiveUp111 said:

So from my perspective here, the K-1 seems better.

 

Please give me your thoughts.

 

No matter who is in office, the CR1 is always the superior visa.

Edited December 4 by Cathi

[W199 335]

On 12/3/2024 at 6:25 AM, NeverGiveUp111 said:

Hello,

 

Background: I am a US citizen residing in the US, who has never been convicted of any crime, but has been arrested once and had some temporary injunctions (all dismissed/dropped). My fiancé is a Nigerian citizen with a completely clean record, residing in Nigeria. We have spent time together in-person. I have spent time with her family as well. We plan to get married in several months.

 

We are wondering if it would be better to pursue a K-1 visa or a CR-1 visa. Disregarding the inherent pros and cons of each (such as $ costs), I would like to make the decision based on my  (A) “criminal history” and (B)in consideration of Trump possibly making things harder after his inauguration:

 

 

(A)    In 2019, I was arrested for domestic abuse related to my ex-girlfriend and our mutual child (so child abuse was alleged too). Long story short, she was making false allegations against me in hopes of keeping me from our child. She failed in her attempts, as I have significant custody of our child to this day

 

 

(B) I am also worried about Trump making this process even harder since my fiancé is in Nigeria, so that is main reason I am still considering the K-1 (to try and apply before trump’s inauguration). As some of you know, during Trump's last presidency, he restricted immigration from Nigeria. I suspect he will do something similar again.So from my perspective here, the K-1 seems better.

 

Please give me your thoughts.

 

That is a valid fear, who knows what will happen and if they will grandfather in any applications before such and such date. 

 

If you are worried about that, then why don't you just go there next week and marry her, and apply the following week.  You can start the paperwork now so that it is all ready to mail in when you get back from your trip. Boat loads of time to get it all done before the inauguration. You can do a Utah zoom wedding either before you go, or while you are there to avoid the long delays in a local marriage.  But if you did it before you went, you still need to go there and consumate it before applying for the CR1.  It only takes a 3-7 days to arrange a Utah zoom wedding, so book your tickets for this weekend, and plan to spend a week a there.  simple. hehe.

 

Just my 2 cents, another reason for a K-1 is to give more time if you want to do a prenup. A prenup is very weak if done shortly before the wedding.  Also, factor in any concerns about about being married and the VISA being denied or very long delays due to your AWA issue.  

 

 

 

Edited December 5 by W199