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.