Petty theft k1 visa extinguished charge [edited title, merged threads]

[Elsalove2016 34]

My fiancé had his interview for the k1 visa . All the paper work I sent on my end was good but the day of the interview his police report had a dismissed charge he had a few years ago so the council gave him a 221 g form and requested for him to bring court papers and more proof of our relationship and kept his passport . I'm afraid of what the outcome could be I am very stressed out . If someone is familiar with a similar case could you advice me or tell me about your Experience and outcome please  Thank you . 

[Penguin_ie 5,985]

What was the dismissed charge for?

[Elsalove2016 34]

5 minutes ago, Penguin_ie said:

What was the dismissed charge for?

I rather not discuss too much detail on here , but would it make a difference on what kind of charge it was ? All I can say is that it was something petty 

[Penguin_ie 5,985]

Yes; if it is drugs, it will likely lead to a denial or a 1 year delay while he gets randomly drug tested for example.  Any "crime or moral turpitude" can also be an issue, though if it was dismissed (as opposed to pleased out or no contest), then maybe less of an issue unless it is drugs.

[Elsalove2016 34]

Thank you for your post , it was not drugs . It was something petty . I am just afraid because the uncertain makes me very stressed out because I worked so hard to get all thee paper work together , also I wonder why they asked for more evidence of relationship . We gave them a total of 50 pictures together and western union recipes of money I sent him to help him with process and plane tickets all of that stuff . 

[Penguin_ie 5,985]

Are there any red flags in your case that may make them think he is only with you for a greencard?  Things such as he previously tried to immigrate, big age/ religious differences, only meeting in person once etc? Is there anything specific they concentrated on at the interview, or any questions he could not answer?

[Elsalove2016 34]

7 minutes ago, Penguin_ie said:

Are there any red flags in your case that may make them think he is only with you for a greencard?  Things such as he previously tried to immigrate, big age/ religious differences, only meeting in person once etc? Is there anything specific they concentrated on at the interview, or any questions he could not answer?

I don't think so because we have just a one year difference , we have seen each other twice meaning 2 vacations . We can't see each other that often because the plane ticket to his country it's expensive . We had pictures with my relatives and all , it's his first time soliciting a visa ever other than what showed on his record I don't see any red flags , also we are the same culture language and religion . 

Edited April 15, 2017 by Elsalove2016

[Transborderwife 4,666]

17 minutes ago, Elsalove2016 said:

Thank you for your post , it was not drugs . It was something petty . I am just afraid because the uncertain makes me very stressed out because I worked so hard to get all thee paper work together , also I wonder why they asked for more evidence of relationship . We gave them a total of 50 pictures together and western union recipes of money I sent him to help him with process and plane tickets all of that stuff . 

Just understand that it's easier to provide advice with full details

[JFH 12,189]

Bear in mind that what you or I may consider petty may not be petty for immigration purposes. Here's an example. I live in Washington state where marijuana is legal. I pass 10 marijuana stores on my way to and from work each day - they are everywhere and perfectly legal. However, people have been denied for a year and subject to random drug testing during that year for admitting to trying marijuana once at a party many years previously. I know you say it wasn't a drug matter but that's just an example of how some issues are treated when you are dealing with immigration. 

Edited April 16, 2017 by JFH

[sparkles_ 456]

Generally speaking, drugs, violence, anything involving children, sexual assault, weapons, and resisting arrest are show stoppers.

 

 

[Elsalove2016 34]

25 minutes ago, sparkles_ said:

Generally speaking, drugs, violence, anything involving children, sexual assault, weapons, and resisting arrest are show stoppers.

 

 

It was shop lifting and he wasn't even the one who did it it was his friend but since they were toghether they arrested him too , later on my fiancé's was dismissed for not having enough evidence and fo paying a fine while the other guy did get in big trouble for resisting and actually having the items . 

[sparkles_ 456]

1 hour ago, Elsalove2016 said:

It was shop lifting and he wasn't even the one who did it it was his friend but since they were toghether they arrested him too , later on my fiancé's was dismissed for not having enough evidence and fo paying a fine while the other guy did get in big trouble for resisting and actually having the items . 

For what it is worth, my ex husband whom I sponsored about 10yr ago, had a petty theft charge of less than 500$ and unauthorized use of a credit card. Somehow, 500 is the magical number for stuff like that.Very similar, he was with a friend at the time who planned most of it and used him as a wingman....also paid a summons fine and it was dropped. However, my ex and his issue happened in America no in his country. There was an arrest so you have to get what is called the disposition for that charge which shows it was dropped to a fine.

 

In the end, it was no big deal, but you do have to provide proof it was dropped and the fine was paid in full. Try not to worry over that part and just get the proper documents from the local police where he is. 

Edited April 16, 2017 by sparkles_

[Elsalove2016 34]

20 minutes ago, sparkles_ said:

For what it is worth, my ex husband whom I sponsored about 10yr ago, had a petty theft charge of less than 500$ and unauthorized use of a credit card. Somehow, 500 is the magical number for stuff like that.Very similar, he was with a friend at the time who planned most of it and used him as a wingman....also paid a summons fine and it was dropped. However, my ex and his issue happened in America no in his country. There was an arrest so you have to get what is called the disposition for that charge which shows it was dropped to a fine.

 

In the end, it was no big deal, but you do have to provide proof it was dropped and the fine was paid in full. Try not to worry over that part and just get the proper documents from the local police where he is. 

Thank you for your reply . The fine he had to pay was the equivalent of 35 dollars . On the last page of the police report he took to the embassy clearly says that he was dismissed from the charge and was found free of any charge due to good conduct and the fine . 

[sparkles_ 456]

1 minute ago, Elsalove2016 said:

Thank you for your reply . The fine he had to pay was the equivalent of 35 dollars . On the last page of the police report he took to the embassy clearly says that he was dismissed from the charge and was found free of any charge due to good conduct and the fine . 

Should be good to go, he will just need proof that the fine was paid in full. He may need an updated disposition to show that if the one he took to the embassy doesn't show it or if they need new documents (sometimes they want them less than 90 days old). Also have it all translated by a certified translator.

[Elsalove2016 34]

11 minutes ago, sparkles_ said:

Should be good to go, he will just need proof that the fine was paid in full. He may need an updated disposition to show that if the one he took to the embassy doesn't show it or if they need new documents (sometimes they want them less than 90 days old). Also have it all translated by a certified translator.

That was my other concern , the embassy didn't request for it to be translated but I was wondering if we should . Another thing how long does it usually take for them to make a decision about something like this and if he will be schedule for another Interview or if they will just let us know by email . The times I have contacted the embassy in his country they have been very nice and quick to reply but I just don't want to annoy them .