Hi, my fiance in the Philippines and I are wanting to start the K-1 process and I just found out today that I have to disclose my expunged record. I was convicted of a crime when I was 14 years old and it was expunged when I was around 19. I am 33 years old now and since then have had no issues with the law and am currently a single father with full custody and a very responsible adult.
I am stunned my past has to be dug up like this and that all the research I have done about receiving a waiver for AWA looks depressing, both in the time it takes as well as approval statistics.
Does the fact I was a juvenile have anything to play here? The crime committed was far exaggerated and the victim then is a family member and we are very close to this day. My step-father at the time pushed me to just plead guilty to the first plea deal which I regret every day. My step-dad wanted me out of his life and him talking me into doing that led my parents getting divorced. That was the worst part of my life and after getting it expunged, I felt free and have pursued a successful career, am raising a child who is doing great in school, and now found a beautiful woman to call a wife someday. Only to run into this.
I have full confidence I can come up with a convincing argument and I have the determination to work with lawyers to get everything I need for that as well as the funds. But the problem I see is that despite all that, the charge is attempted r*** of a child and although what happened was nothing like that, I feel like the name of the charge itself will lead to a denial no matter what I do.
My question is, is it worth pursuing a AWA Waiver? If it was denied, would USCIS share this information anywhere that could cause me not to be able to marry my fiance in the Philippines? In which case, may not be worth the risk at all.
It seems very difficult to find any info on this and I am waiting to hear back to schedule consults with lawyers.