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Filed: K-1 Visa Country: Tunisia
Timeline
Posted
He is still in Italy, illegally. He can't petition in Italy if he is illegal there. He is worried about going back to Tunisia and getting denied the visa, and being stuck in Tunisia.

Exactly.....This is our problem. Can we petition with Khaled's mothers address, Why would they have a home visit? I'm getting confused.

Khaled did have a permesso, I've lived in Italy with him for 3 years. He has been arrested a few times for not having a permesso but nothing serious for the past three years.

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Filed: Citizen (apr) Country: Morocco
Timeline
Posted
Okay.

First things first.

It is not going to do you any good to pretend he wasn't in Italy for the time you lived there; aside from lying on an official form, it's going to make it impossible to talk about your relationship.. Don't even think about that.

Next:

Get the police certificate and the court records if you can. Not every crime makes you inadmissible. The 'standard' is 'crime indicating moral turpitude', and it's *roughly* the intuitive distinction we have between a felony and a misdemeanor, but the devil is in the details. (The U.S. is harsher on drug crimes than we would naturally think, and more lenient that we might think on certain regulatory crimes.)

You need to know what he was originally charged with, whether there was a plea, of what specific charge he was convicted, and what the maximum sentence could have been, as well as how he was actually penalized.

Then you need to consult with a lawyer, because immigration boards' advice are only as good as the number of members who have direct personal experience with it. Immigrate2us.net is another board that has more people dealing with these kinds of problems.

If your fiance turns out to be inadmissible, then you'll have the option of filing a waiver where you argue that relocating to Tunisia to be with him would constitute an extreme hardship to you. You'll submit that, and then some time later they'll approve or deny the waiver.

Yup.

The thing is that they're caught in a catch-22, IMO. Requesting the police certificate now while he's still in Italy will alert the police to his illegal presence, and he could be deported. If instead, he goes back to Tunisia before he requests the certificate, he could find out that what's on the certificate will complicate the whole process, and it's possible that he could be denied a waiver, in which case he'd be "stuck" in Tunisia.

The bottom line is that if you guys want to go through with this, he will have to go back to Tunisia at some point. Might as well be now.

Filed: Citizen (apr) Country: Egypt
Timeline
Posted
New here and wanted to know if any have a fiance or fiancee from Tunisia,

Khaled and I have been together for 3 years and he proposed in 2006, I've been in Italy with him and finally came back to Chicago. We decided it would be a good idea for me to go back to school and get my MBA. So full-time student missing my habibi so much. I'm taking class in Islam and after I get my stamp an official fluent Italian speaker plan to start studying arabic.... thats going to be a toughy, but I have Khaled to help. anywhoo would love to here anyones success stories. I'm starting our K1 visa and having lots of problems not having here with me. I hope joining this forum will help me be able to focus more cause there are others that are in my shoes. Any advice would be extremely appreciated.

Welcome to VJ. Congrats on the engagement. Good luck with the journey! (F)

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Filed: K-1 Visa Country: Tunisia
Timeline
Posted
Okay.

First things first.

It is not going to do you any good to pretend he wasn't in Italy for the time you lived there; aside from lying on an official form, it's going to make it impossible to talk about your relationship.. Don't even think about that.

Next:

Get the police certificate and the court records if you can. Not every crime makes you inadmissible. The 'standard' is 'crime indicating moral turpitude', and it's *roughly* the intuitive distinction we have between a felony and a misdemeanor, but the devil is in the details. (The U.S. is harsher on drug crimes than we would naturally think, and more lenient that we might think on certain regulatory crimes.)

You need to know what he was originally charged with, whether there was a plea, of what specific charge he was convicted, and what the maximum sentence could have been, as well as how he was actually penalized.

Then you need to consult with a lawyer, because immigration boards' advice are only as good as the number of members who have direct personal experience with it. Immigrate2us.net is another board that has more people dealing with these kinds of problems.

If your fiance turns out to be inadmissible, then you'll have the option of filing a waiver where you argue that relocating to Tunisia to be with him would constitute an extreme hardship to you. You'll submit that, and then some time later they'll approve or deny the waiver.

Great we are getting somewhere, I love these blogs

Now we do plan to go back to Tunisia together, when we get approved from here. I just want to get approved here and then we'll go, it was not drugs he got introuble for.

The crime and I cannot believe I'm sharing this but he was in possession of stolen goods. Now! He did not steal them he bought them in the street and boom busted but that was years ago I believe. I want to get the certificate now and have everythig worked out in every angle before I'm issued an interview.

Does anyone know the address for the italian consulate, so we can request a criminal reprt?

What is

Filed: Citizen (apr) Country: Morocco
Timeline
Posted (edited)
Okay.

First things first.

It is not going to do you any good to pretend he wasn't in Italy for the time you lived there; aside from lying on an official form, it's going to make it impossible to talk about your relationship.. Don't even think about that.

Next:

Get the police certificate and the court records if you can. Not every crime makes you inadmissible. The 'standard' is 'crime indicating moral turpitude', and it's *roughly* the intuitive distinction we have between a felony and a misdemeanor, but the devil is in the details. (The U.S. is harsher on drug crimes than we would naturally think, and more lenient that we might think on certain regulatory crimes.)

You need to know what he was originally charged with, whether there was a plea, of what specific charge he was convicted, and what the maximum sentence could have been, as well as how he was actually penalized.

Then you need to consult with a lawyer, because immigration boards' advice are only as good as the number of members who have direct personal experience with it. Immigrate2us.net is another board that has more people dealing with these kinds of problems.

If your fiance turns out to be inadmissible, then you'll have the option of filing a waiver where you argue that relocating to Tunisia to be with him would constitute an extreme hardship to you. You'll submit that, and then some time later they'll approve or deny the waiver.

Great we are getting somewhere, I love these blogs

Now we do plan to go back to Tunisia together, when we get approved from here. I just want to get approved here and then we'll go, it was not drugs he got introuble for.

The crime and I cannot believe I'm sharing this but he was in possession of stolen goods. Now! He did not steal them he bought them in the street and boom busted but that was years ago I believe. I want to get the certificate now and have everythig worked out in every angle before I'm issued an interview.

Does anyone know the address for the italian consulate, so we can request a criminal reprt?

What is

See my post #9, police certificates are not issued by the consulate, but by the Procura. This is the form and you need to request the certificato generale:

http://www.comune.roma.it/repository/Conte...giudiziario.pdf

ETA: You said in another thread that the crime was a drunken fight. So now I'm confused.

Edited by Jenn!
Filed: K-1 Visa Country: Tunisia
Timeline
Posted
Okay.

First things first.

It is not going to do you any good to pretend he wasn't in Italy for the time you lived there; aside from lying on an official form, it's going to make it impossible to talk about your relationship.. Don't even think about that.

Next:

Get the police certificate and the court records if you can. Not every crime makes you inadmissible. The 'standard' is 'crime indicating moral turpitude', and it's *roughly* the intuitive distinction we have between a felony and a misdemeanor, but the devil is in the details. (The U.S. is harsher on drug crimes than we would naturally think, and more lenient that we might think on certain regulatory crimes.)

You need to know what he was originally charged with, whether there was a plea, of what specific charge he was convicted, and what the maximum sentence could have been, as well as how he was actually penalized.

Then you need to consult with a lawyer, because immigration boards' advice are only as good as the number of members who have direct personal experience with it. Immigrate2us.net is another board that has more people dealing with these kinds of problems.

If your fiance turns out to be inadmissible, then you'll have the option of filing a waiver where you argue that relocating to Tunisia to be with him would constitute an extreme hardship to you. You'll submit that, and then some time later they'll approve or deny the waiver.

Great we are getting somewhere, I love these blogs

Now we do plan to go back to Tunisia together, when we get approved from here. I just want to get approved here and then we'll go, it was not drugs he got introuble for.

The crime and I cannot believe I'm sharing this but he was in possession of stolen goods. Now! He did not steal them he bought them in the street and boom busted but that was years ago I believe. I want to get the certificate now and have everythig worked out in every angle before I'm issued an interview.

Does anyone know the address for the italian consulate, so we can request a criminal reprt?

What is

See my post #9, police certificates are not issued by the consulate, but by the Procura.

ETA: You said in another thread that the crime was a drunken fight. So now I'm confused.

No I called him after that blog, cause I was blogging all this and he said that fight was before my time, and they had him just sober up. He had his permesso at that time. So misformed you guys. So I chatted about this with him this morning and how this is helpful for us, so he elaborated on the fighting bit.

Now your post #9 by the Procura, is there a address or a website we can go to? Or should I just google it and have the certificate sent to his mothers?

Filed: Citizen (apr) Country: Morocco
Timeline
Posted
Okay.

First things first.

It is not going to do you any good to pretend he wasn't in Italy for the time you lived there; aside from lying on an official form, it's going to make it impossible to talk about your relationship.. Don't even think about that.

Next:

Get the police certificate and the court records if you can. Not every crime makes you inadmissible. The 'standard' is 'crime indicating moral turpitude', and it's *roughly* the intuitive distinction we have between a felony and a misdemeanor, but the devil is in the details. (The U.S. is harsher on drug crimes than we would naturally think, and more lenient that we might think on certain regulatory crimes.)

You need to know what he was originally charged with, whether there was a plea, of what specific charge he was convicted, and what the maximum sentence could have been, as well as how he was actually penalized.

Then you need to consult with a lawyer, because immigration boards' advice are only as good as the number of members who have direct personal experience with it. Immigrate2us.net is another board that has more people dealing with these kinds of problems.

If your fiance turns out to be inadmissible, then you'll have the option of filing a waiver where you argue that relocating to Tunisia to be with him would constitute an extreme hardship to you. You'll submit that, and then some time later they'll approve or deny the waiver.

Great we are getting somewhere, I love these blogs

Now we do plan to go back to Tunisia together, when we get approved from here. I just want to get approved here and then we'll go, it was not drugs he got introuble for.

The crime and I cannot believe I'm sharing this but he was in possession of stolen goods. Now! He did not steal them he bought them in the street and boom busted but that was years ago I believe. I want to get the certificate now and have everythig worked out in every angle before I'm issued an interview.

Does anyone know the address for the italian consulate, so we can request a criminal reprt?

What is

See my post #9, police certificates are not issued by the consulate, but by the Procura.

ETA: You said in another thread that the crime was a drunken fight. So now I'm confused.

No I called him after that blog, cause I was blogging all this and he said that fight was before my time, and they had him just sober up. He had his permesso at that time. So misformed you guys. So I chatted about this with him this morning and how this is helpful for us, so he elaborated on the fighting bit.

Now your post #9 by the Procura, is there a address or a website we can go to? Or should I just google it and have the certificate sent to his mothers?

I edited my last post with the appropriate form.

Part of the form though is putting his current address. I can't advocate your lying on the form and making it seem like he's back in Tunisia already. They require a copy of his passport.

Filed: K-1 Visa Country: Tunisia
Timeline
Posted
Okay.

First things first.

It is not going to do you any good to pretend he wasn't in Italy for the time you lived there; aside from lying on an official form, it's going to make it impossible to talk about your relationship.. Don't even think about that.

Next:

Get the police certificate and the court records if you can. Not every crime makes you inadmissible. The 'standard' is 'crime indicating moral turpitude', and it's *roughly* the intuitive distinction we have between a felony and a misdemeanor, but the devil is in the details. (The U.S. is harsher on drug crimes than we would naturally think, and more lenient that we might think on certain regulatory crimes.)

You need to know what he was originally charged with, whether there was a plea, of what specific charge he was convicted, and what the maximum sentence could have been, as well as how he was actually penalized.

Then you need to consult with a lawyer, because immigration boards' advice are only as good as the number of members who have direct personal experience with it. Immigrate2us.net is another board that has more people dealing with these kinds of problems.

If your fiance turns out to be inadmissible, then you'll have the option of filing a waiver where you argue that relocating to Tunisia to be with him would constitute an extreme hardship to you. You'll submit that, and then some time later they'll approve or deny the waiver.

Great we are getting somewhere, I love these blogs

Now we do plan to go back to Tunisia together, when we get approved from here. I just want to get approved here and then we'll go, it was not drugs he got introuble for.

The crime and I cannot believe I'm sharing this but he was in possession of stolen goods. Now! He did not steal them he bought them in the street and boom busted but that was years ago I believe. I want to get the certificate now and have everythig worked out in every angle before I'm issued an interview.

Does anyone know the address for the italian consulate, so we can request a criminal reprt?

What is

See my post #9, police certificates are not issued by the consulate, but by the Procura.

ETA: You said in another thread that the crime was a drunken fight. So now I'm confused.

No I called him after that blog, cause I was blogging all this and he said that fight was before my time, and they had him just sober up. He had his permesso at that time. So misformed you guys. So I chatted about this with him this morning and how this is helpful for us, so he elaborated on the fighting bit.

Now your post #9 by the Procura, is there a address or a website we can go to? Or should I just google it and have the certificate sent to his mothers?

I edited my last post with the appropriate form.

Part of the form though is putting his current address. I can't advocate your lying on the form and making it seem like he's back in Tunisia already. They require a copy of his passport.

What form are we talking about? The Procura? I can't have this sent to me? Why not send it to his mother its safe just in case kinda deal like I have important stuff sent to my parents house to just to be safe. His passport was stolen and he just received a new one. THey want copies of the pages of the passport..... we are talking about the Procura right?

Filed: Citizen (apr) Country: Morocco
Timeline
Posted
Okay.

First things first.

It is not going to do you any good to pretend he wasn't in Italy for the time you lived there; aside from lying on an official form, it's going to make it impossible to talk about your relationship.. Don't even think about that.

Next:

Get the police certificate and the court records if you can. Not every crime makes you inadmissible. The 'standard' is 'crime indicating moral turpitude', and it's *roughly* the intuitive distinction we have between a felony and a misdemeanor, but the devil is in the details. (The U.S. is harsher on drug crimes than we would naturally think, and more lenient that we might think on certain regulatory crimes.)

You need to know what he was originally charged with, whether there was a plea, of what specific charge he was convicted, and what the maximum sentence could have been, as well as how he was actually penalized.

Then you need to consult with a lawyer, because immigration boards' advice are only as good as the number of members who have direct personal experience with it. Immigrate2us.net is another board that has more people dealing with these kinds of problems.

If your fiance turns out to be inadmissible, then you'll have the option of filing a waiver where you argue that relocating to Tunisia to be with him would constitute an extreme hardship to you. You'll submit that, and then some time later they'll approve or deny the waiver.

Great we are getting somewhere, I love these blogs

Now we do plan to go back to Tunisia together, when we get approved from here. I just want to get approved here and then we'll go, it was not drugs he got introuble for.

The crime and I cannot believe I'm sharing this but he was in possession of stolen goods. Now! He did not steal them he bought them in the street and boom busted but that was years ago I believe. I want to get the certificate now and have everythig worked out in every angle before I'm issued an interview.

Does anyone know the address for the italian consulate, so we can request a criminal reprt?

What is

See my post #9, police certificates are not issued by the consulate, but by the Procura.

ETA: You said in another thread that the crime was a drunken fight. So now I'm confused.

No I called him after that blog, cause I was blogging all this and he said that fight was before my time, and they had him just sober up. He had his permesso at that time. So misformed you guys. So I chatted about this with him this morning and how this is helpful for us, so he elaborated on the fighting bit.

Now your post #9 by the Procura, is there a address or a website we can go to? Or should I just google it and have the certificate sent to his mothers?

I edited my last post with the appropriate form.

Part of the form though is putting his current address. I can't advocate your lying on the form and making it seem like he's back in Tunisia already. They require a copy of his passport.

What form are we talking about? The Procura? I can't have this sent to me? Why not send it to his mother its safe just in case kinda deal like I have important stuff sent to my parents house to just to be safe. His passport was stolen and he just received a new one. THey want copies of the pages of the passport..... we are talking about the Procura right?

I put the link in post 21. The Procura is the place that processes the certificates, not the name of the form.

The reason he doesn't want to get the certificate himself since he's already there is that he's illegal, right? It would be a lot easier to get it if he could just go himself, but he doesn't want to get caught. So you're having it sent to his mother, which makes it seem like he's already left Italy and is requesting the certificate from Tunisia. That's all I was saying.

Yes you can have it sent to you. That's what I did. But my husband had already left Italy by the time we needed the form, so it made sense that we were requesting it by mail rather than in person.

Filed: K-1 Visa Country: Spain
Timeline
Posted

I just want to offer that my husband was illegal in Spain and got his visa through the Embassy in Madrid without going back to Algeria. He tried to get a police certificate (with the help of a lawyer) but they wouldn't give it to him. We explained this to the Embassy and they said they understood the situation and that he could still interview without the police certificate. He was approved at the interview then got the visa after a few weeks of AP. I suggest you speak directly with the people holding the interviews at the Embassy in Italy since they are the ones who will determine whether or not your fiancee will get the visa. Don't listen to any lawyers or any government officials in the US because everyone I talked to told me it was impossible for my husband to get the visa while he was illegally living in Spain.

PM me if you want more info.

Christina

03/09/07 - POE at JFK - Temp EAD given

03/13/07 - Married

AOS

04/20/07 - Package arrived in Chicago

04/26/07 - NOA1 for AOS and AP

05/08/07 - AP touched

05/22/07 - Biometrics

05/23/07 - RFE email notification for 485

05/29/07 - RFE received by mail - Request for medical exam

06/01/07 - Contacted congressman regarding RFE

06/08/07 - Case resumed processing

10/01/07 - Email Notice of Transfer to CSC

10/04/07 - Pending at CSC

11/09/07 - Green Card Approved

Filed: Citizen (apr) Country: Morocco
Timeline
Posted
I just want to offer that my husband was illegal in Spain and got his visa through the Embassy in Madrid without going back to Algeria. He tried to get a police certificate (with the help of a lawyer) but they wouldn't give it to him. We explained this to the Embassy and they said they understood the situation and that he could still interview without the police certificate. He was approved at the interview then got the visa after a few weeks of AP. I suggest you speak directly with the people holding the interviews at the Embassy in Italy since they are the ones who will determine whether or not your fiancee will get the visa. Don't listen to any lawyers or any government officials in the US because everyone I talked to told me it was impossible for my husband to get the visa while he was illegally living in Spain.

PM me if you want more info.

Christina

It surely won't hurt to ask, but the consulate website in Naples does explicitly state that a permesso di soggiorno (proof of legal status) is required. It's always possible that they'll make an exception.

Posted
Okay.

First things first.

It is not going to do you any good to pretend he wasn't in Italy for the time you lived there; aside from lying on an official form, it's going to make it impossible to talk about your relationship.. Don't even think about that.

Next:

Get the police certificate and the court records if you can. Not every crime makes you inadmissible. The 'standard' is 'crime indicating moral turpitude', and it's *roughly* the intuitive distinction we have between a felony and a misdemeanor, but the devil is in the details. (The U.S. is harsher on drug crimes than we would naturally think, and more lenient that we might think on certain regulatory crimes.)

You need to know what he was originally charged with, whether there was a plea, of what specific charge he was convicted, and what the maximum sentence could have been, as well as how he was actually penalized.

Then you need to consult with a lawyer, because immigration boards' advice are only as good as the number of members who have direct personal experience with it. Immigrate2us.net is another board that has more people dealing with these kinds of problems.

If your fiance turns out to be inadmissible, then you'll have the option of filing a waiver where you argue that relocating to Tunisia to be with him would constitute an extreme hardship to you. You'll submit that, and then some time later they'll approve or deny the waiver.

Yup.

The thing is that they're caught in a catch-22, IMO. Requesting the police certificate now while he's still in Italy will alert the police to his illegal presence, and he could be deported. If instead, he goes back to Tunisia before he requests the certificate, he could find out that what's on the certificate will complicate the whole process, and it's possible that he could be denied a waiver, in which case he'd be "stuck" in Tunisia.

The bottom line is that if you guys want to go through with this, he will have to go back to Tunisia at some point. Might as well be now.

Does one have to be legally present in a country to visit the consulate there? A number of people have reported that 'being illegal in one country has not matter to the US one bit', but it's unclear whether that was after or during a period of undocumented stay.

AOS

-

Filed: 8/1/07

NOA1:9/7/07

Biometrics: 9/28/07

EAD/AP: 10/17/07

EAD card ordered again (who knows, maybe we got the two-fer deal): 10/23/-7

Transferred to CSC: 10/26/07

Approved: 11/21/07

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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