Advice on K1 Visa and Beneficiary with Criminal History/Probation of Offenders Act 1907

[JUSA1006 0]

My fiancé and I have a complicated immigration situation and I'm looking for input and experiences with anyone with legal or experiential knowledge. I'll add that I am working with an immigration lawyer here in the US as part of a benefit through my employer, but the aide is not very attentive so I'm turning to here to supplement my understanding.

 

Situation: My fiancé and I met in 2023. I have visited him several times and I am now pregnant with (both of our) first child, due in the Spring. We hope to get him to the US as soon as possible, though I realize getting him here for the birth will not be possible. The original plan was to file with myself as the US petitioner and him as the beneficiary to a K1 visa but am now wondering if we should consider the CR1. The complication is that my fiancé has a potential red flag on criminal record and I am starting to absolutely freak out, for lack of better words.

 

Criminal Record: In 2020, when he was in his early 20s, he was pressured to grant access to his credit union account to some acquaintances. Regrettably, he was very naive and susceptible to peer pressure and of course, this had dire consequences. His account was used to launder money and my fiancé was tried and given the benefit of a probation order made under section 1(2) the Probation of Offenders Act 1907. I'm optimistic in some ways: It seems as of a federal ruling in 2023, money laundering is not a CIMT. It also seems this may not be considered a conviction, per the probation order. He did not serve time. However, obviously money laundering is a serious crime and the amount was 11.5K euro. He paid reparations in full (despite not being the one who pocketed the money). He has no other criminal records.

 

My questions: Basically, are we absolutely hosed? I am working diligently on the most thorough K1 application of all time, but now I wonder if the CR1 is a stronger angle. I will certainly involve an immigration lawyer (a new one, if I have to) but am still hoping for success stories or tips for a positive outcome. Thank you for reading!

Edited 6 hours ago by TBoneTX
word changed -- avoided language-filter

[Boiler 46,198]

Presumably Ireland?

 

Not sure how many here are familiar with Irish Criminal Law, from a practical perspective the decision will be made at the interview, if a waiver is needed.

 

The K1 has many disadvantages but not in relation to this.

[TBoneTX 46,209]

The original post has been edited to comply with the Terms of Service provision regarding the use of alternative characters to avoid the site's language-filter.