gamer2000

Let me first say , my response was more for the USA Petitioner . If the beneficiary has something I can't personal speak to that but technically JV crimes are not convictions for the purpose for immigration. if you read case law you can see several times where a person had admitted a JV crime at that point immigration / USCIS is allowed to request information since you disclosed this now you are considering this a conviction that's the way they see it and are able to justify it in the response to the appeals , but it's noted that JV offenses are not a conviction for immigration in the case law. If the record is sealed this is not a true expungement and if it's not expunged its best to disclose this in most cases it will show up depending on that state. Also some states do not report JV convictions in the early years due to privacy. I know one state that personal told me they do not report to FBI . I also know a person that was 16 that had a AWA not aggravated , I spoke to and they were approved for the CR1 without a waiver or anything required. If they are charged as an adult or required to register forget it, then you for sure need a waiver or will be getting a RFE. If the person under 18 is required to register then that follow under the guidelines for the aggravated section under the AWA and will be disbarred regardless of the age. The state at that point must report the registration to the federal level which USCIS would be able to obtain even if expunged in most cases but not always. What's funny is about 90% of attorney's are not properly trained with handling Juvenile offense regarding AW let alone information about JV crimes. There's hardly any case law on sponsor's applying for a beneficiary that had AWA convictions as a Juvenile. One of the biggest law firms in the USA that handles AWA cases is not even educated on Juvenile offenses. They will even tell you this and they handle the biggest amount of AWA cases . This also clearly shows you that uscis is not concerned about offense as a Juvenile to me since there is no case law on it or record of appeal. I would say anyone with a criminal history should just skip the k1 and do the cr1 it's less headache. You still must be honest with your spouse and let them know because there's always a chance that this could still come up in the interview if the record wasn't expunged correctly.

Strongly recommend you do the spousal visa , You can bypass the AWA IF you are a Juvenile at the time the offense occurred as long as its not The offense is same as or more severe than aggravated sexual abuse described in 18 USC § 2241 . Your opening up a bigger can of worms by doing the k1 that can lead to an outright denial and take longer. Best to go in and just be done. Juvenile offense do not show up if expunged correctly , other member will argue this is not true but I can say for sure it is. You must look to see how the charge was expunged to verify.

So your say the consulate won't review the documents prior to the interview ? That doesn't make since if so I get the NVC bypassing there job but you would think the consulate would look over things like the NVC prior to the interview I'm pretty sure I did the 864 correctly I have 2 I'm doing I did both the same just swapped the principal names on each form. Seem straight forward

Will they look at the documents prior to setting the interview to insure there's no errors. I'm worried I didn't fill out the 864 correctly or missed something ?

If the NVC and embassy approves expedited and NVC sends the case to the embassy does that mean your DQ? There's no notice of DQ in the portal just that the case was forwarded to the embassy. I'm assuming NVC would not forward a imcomplete case that's missing documents or forms filled out wrong correct ?

Juvenile records are protected if done so by the court and depending on the age of the offender they are not convictions for immigration purposes even JV sex convictions can't be used unless the same as or more severe than aggravated sexual abuse described in the section under statue. USCIS doesn't have access to epunged JV cases for US citizens unless the person was tried as an adult I know this for a fact! Adult records are not shielded from USCIS they see everything from adult offenders! This is my second approval but things changed so I thought I would ask what the procedure is seems all checks are done prior to approval status.

I was already appoved a bit ago ! Reason I was asking

I had a case but the charges where ammended to a non sexual charge then I had something as a minor but those charges where expunged so it appears I'm good then ?

Is the background check performed prior to the i-130 being approved for the petitioner? or is this done at the NVC ? From what I understand the NVC is only checking the beneficiary and sponser documents and application documents. So If you have an approved i-130 shouldn't have any issues with criminal background correct for the petitioner going forward? Also roughly whats the process times for NVC ? I hear things are moving fast now!

I have a question regarding language barrier. Does the officer interviewing care if my wife & I don't speak the same language? My wife speaks very little English I was just wondering we use devices and we both are currently studying to learn the language. Also I'm wonder does USCIS have access to our passport information ? I'm traveling again soon in a few months to visit my wife do I need to update my passport stamp as new evidence I heard USCIS has access to the boarder protection system and they just look you up regardless if you submit your passport stamp and it shows entry and exit information is this true ?

I'm in the USA

I don't have any charges for violence however one the of the charges is a DV charge for phone harassment as well it's a non person offense so I'm not sure how that will play out with the k1

Thanks for the reply I honestly would prefer the k1 I'm just concerned with the above listed in the first post I posted. I hear the k1 is faster too

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.