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NeverGiveUp111

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  1. 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.
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