Hi all
i am so worried i can't hide that anymore!!!!
we sent the petition to VSC at the end of january2008 and we received the RFE march 11th they were asking my fiance US citizen for his police report (he was arrested many times but went to jail ( convicted) 2 times for selling drugs and the 2nd was for stealing) when we sent the I129F petition it doesnt mention these things that's why he didnt check the box of being convicted for the crimes listed in it.
the lawyer says they shouldn't deny us for that even if he was convicted for the crimes listed in the I129F , he says they want just to let me know at the embassy interview!!!
i dont know why they can deny us!!!! he has never convicted for the crimes on the list !!!!!

the status of our case says they will send us a written update or decision for our case within 60days after they received our RFE!!!
NOW it is almost 60days and no update no decison nothing !!!!!!!!

my question is what should we do if they deny us??
any answer is appreciated
thanks

Why were they asking the US citizen for his police report?

i think because they search of his background then they found out he was convicted before!!!

I have never heard of this happening. The beneficiary, yes. The petitioner, no. Intereseting.

I think like your lawyer said it is so that they can inform you at the interview so that you know, and therefore can't claim you didn't down the road.

I never heard of anyone at this point getting denied, not sure what the drug issue will cause, but if that is the problem getting married wont help i wouldnt think. Was it a deffered sent, what was the outcome...for now have a state rep do so work for you and find out whats going on.

please someone help me!!!!
my question is what should we do if they deny our petition!!!!????????
any other options??
thanks.

i hope so but i am worried they deny us and i need to think what should we do if they do!!! because we can't stop trying to be with each other!!

thanks for the reply that makes me feel better but i really need advices about what to do is there any other option than k1 to be with him or should we resent the petition?

PS: i don't understand what does the red sentence means?

Well there is nothing you can do at this point but wait for the decision on your petition. I am assuming that your fiance had a er... colourful past and is now a reformed character, but it may well be that there is a legal requirement to disclose this information to you at interview since they have to consider the possibility that you may be unaware of these prior convictions and that such knowledge might effect your decision to marry him. Remember that the US government takes a very dim view of drug related crime. If the crimes were recent and he served time in jail, it may effect their decision regarding his ability to vouch that he would be responsible for you financially, also, if he were still under probation or something like that it might be an issue.

Once you receive the decision notice from USCIS you will be able to think things through from there. I think it unlikely that your petition will be denied since it is YOUR suitability to enter the country that is being examined at this stage. However, if the petition was denied for reason of his criminal history there is really very little you can do to be able to lawfully enter the country since the same issue would come up if you filed another type of petition such as a K3.

I agree you need to just wait and see what happen. No need to worry before you need to and it may not be an issue. Try to relax, I know that is hard but right now it is out of your hands anyways. I am sure it will be fine, and if something happens then there may be others who have been in the situation and can give you good advice.

This is only an assumption but it would explain the added security measures that went into effect just last year...

An excerpt from the Adam Walsh Child Protection Law...

The Act also for the first time limits the rights of citizens or permanent residents to petition to immigrate their spouse or other relatives to the U.S. if the petitioner has a listed child sex abuse conviction. If that is the case, then the petition cannot be approved unless the Department of Homeland Security determines in its unreviewable discretion that there is no risk of harm to the beneficiary or derivative beneficiary.

I know that his convictions were not related to children or sex abuse but i'm sure there is added scrutiny when something is found and even more security measures that are making them dig a little deeper to be sure you are not in harms way when you do arrive. I'm sure you trust and love him but they are probably looking out for your good.

Nobody can tell you if you will get pass this step but there are always waivers and whatnot so don't start to panic just yet.

thanks for the reply Mark and Hannah
yes my fiance was crazy before, he did big mistakes in his past but i love him and that means nothing for me as long as he changed fully recently he has a good work and we r going to use a co-sponsor anyway for support,
the problem is he till in probation which will be over december 2008:(

we can't wait anymore we waited enough
in case they deny us we have to try again or try something else but Mark and hannah is right it's the same because all will be treated in USCIS.
i am just wondering why it's different he says that it will take only an hour to marry if he wants to marry someone there then why they r not looking for the good of the people there!! that's not making any sense !!!
i know his past he told me everything and if that's not working then in january 2009 he will come to live with me here in Morocco.

thanks i am really trying to relax and not worry so much but it took so much which making him worried and then he makes me worry about it too !!
i am relying on GOD cuz he got the final decision, please pray for me !! i need prayers

im asking about his sentence of the crime, did he receive a deferred sentence (which is no guilt) compared to a suspended or just guilty period. Ithink u just have to give it a wait and see time to find out what u will need to do

yes for drugs he was with friends in his car and one of them were carrying drugs and drop it inside the car when the police officer stoped the car cuz of speed. his not guilty but he went to jail for like 5 weeks.
for the other charge he had stollen staff of his friend who let it at his house, my fiance didnt know it was stollen someone called the police saying he got stollen staff at his house when the police officers got in they found a not authorised gun under a pillow too !! in this charge i think he spent 6 months in jail and now he is in probation.

the probation again could be deferred sent or suspended sentence, just going to jail just means u were arrested when u go to court you get the sentence his rap sheet may not show guilt again if deferred is not guilt, suspended would be....

how to get that please help me!!?????

I think at this point you should just wait to see what happens. There is really nothing you can do at this point but wait and see what the decision of USCIS is. I highly doubt you will be denied at this stage in the process, but then again anything can happen.

If you do get denied then you can think of a plan of action. Your fiance could probably get the reason for denial from USCIS and you can try and you can be prepared for that if/when you decide to try again.

For right now, what is on his police report is on it. There is no way you can change it.

As hard as this is to follow, there is no need to stress yourself out now

i think u can make an appeal if it's denied...

In complicated cases a lawyer is sometimes needed.

I agree that it is unlikely for the application to be denied based on what you has listed as his criminal history. They are definitely trying to make sure that you will be safe and that he will be able to take care of you. You asked a good question about why they don't try to protect American women in the same way - it is because they have no control over the actions of individual Americans as they are not requesting admission to the country. They assume that a woman already here would be able to discover criminal pasts of their partners because they both live in the same country, whereas you don't have the same opportunities. Good luck.

I agree that there is nothing you can do until USCIS has made a decision. If you are denied, then you will need to look into a waiver (if possible) or any other way around the denial.

I hope for your sake that all of this was a misunderstanding (with your fiance) and that he has changed. Good luck.

Unless I'm reading something different, you mention in your original post that he got an RFE for a police report, and that he didn't check that he had a criminal history? They must have found this out by running his name through some system once the application was received. Are you sure there might not be other convictions? Perhaps what is holding things up is that he never checked the box saying he was convicted of any crimes. They then found out that this wasn't true, and are asking for the police information? I would think this isn't a good thing that he didn't disclose this on the original application.

he had never been convicted for the crimes listed in the I129F, they mentioned three times or more convictions of drug crimes but he went to jail only once for drugs!! they don't mention stealing crimes!!!!!

Since you have stated that your fiance is on probation until December 2008 this is likely the reason for his having to provide further information. Hopefully once they have received what they have asked him to provide all will proceed smoothly for you both, and it is likely they will merely disclose this information to you at interview.

As far as I can interpret this based on the information to hand, the worst case scenario would be that you have to wait for his probation period to end. The reason for this would be that if he were to violate the terms of his probation he may face further time in jail (depending on the specific terms of this) and he would therefore not be in a position to provide for you. I'm not suggesting for one moment that he would do so, merely trying to point out how it might be regarded. In which case he could go ahead with plans to move to be with you, you could marry, and then file for a different type of visa secure in the knowledge that the probation issue had been resolved.

Of course it is equally possible that his name check just indicated a 'needs to be checked' type flag on their system and that once they have seen the detailed information they have requested you will be fine.

Hang in there.

Thank you very much Mark and Hannah u r very helpful hope u will get the visa very soon inshallah

As for my case, i wish they have now everything they need and give us the approval as soon as possible,
u r right the worst scenario would be if they make us wait till the probation will be over especially my baby feels guilty for this wait, he everyday says to me i am sorry for that i am paying now and u also pay with me what i did
but thank God we have faith and i don't blame him cuz it's destiny anyway,
my fiance called USCIS this morning the guy there told him to call the june 8th and not to expect the decision of our case he says it might be just a response for the RFE(is it what they needed or they need something else).
please i keep me in ur prayers
thanks.

Take it EASY! I'm sure your partner, having experience in the CJS knows well enough that things he tries to do legally now will be scrutinized. I hope you hear something soon. I was hoping, and still am, that there isn't anything else on his record that you don't know about. I worked in the CJS for 30 years, and almost everyone "didn't do it... wasn't them... it was the other guys drugs...didn't know it was stolen...the police set me up..."

thanks for the support, its really hard to wait knowing they could deny us for any simple reason
my fiance sent me his police report before sending it to the USCIS, basically i know everythings about his past!!
we called USCIS the guy there said they are still working on november 2007 RFEs, i am really disappointed knowing its not our turn yet, but the lawyer says he ll call after june 9 th if nothing then we should expect more 60 days !!!
the problematic question is "what if we wait all that long and they deny us?"
that's not fair!
any advice could be good in this situation?

I know its really difficult to wait and at times it feels like it will never end but just hang in there........it it was u that had the arrest for drugs and theft there would be a higher chance in fact a good chance that it would be denied........i will send prayers for u and i hope that it is resolved fast.........

Thank u estadia i really need prayers alot of prayers

I think you really need to think this through. As someone who used to work with criminals on a daily basis (I worked in a prison industry program with inmates), criminals all the time will tell you it was someone else's fault. We used to always joke with the inmates that every one of them was innocent.

I know you love your fiance, but to be honest, your fiance has a terrible past right now and you really need to decide if this is what you want for yourself. Just imagine that you have a daughter or a girlfriend who came to you telling you how much they love this criminal, you would probably tell them to stay far, far away. That is my thoughts to you...get out now while you're still happily esconced in your homeland. Find a nice man who will love you and take care of you who does not have a criminal record.

I think you need to be very careful because your fiance will probably find himself in those same situations in the future...sadly, once a thug always a thug. Furthermore, if you are approved and come to America, you could be setting yourself up to be in crazy situations as well. Nothing is sadder to see than a wife or a girlfriend who denies her husband's/boyfriend's criminal side, end up in a criminal situation herself...this country is notorious for prosecuting guilt by association. One other thing to think of, if he has to serve time, who will take care of you? Do you really want to be in your home while he's in prison? This can happen. Since your fiance is on probation, he is basically one traffic ticket away from prison...it is that bad.

I'm not trying to scare you, I'm just trying to give you some insight into what all this could mean for you.

Good luck...you're going to need it.

Just to add to this.... criminal background checks and drug testing can, and will, impact career opportunities.

We are not judging you, Herolmounia. Just want you to be informed. Good luck.

The criminal history of the petitioner does not make a difference, the only thing that could be a problem is the fact that he did not come forward about this when filing the I-129f, it could be seen as he was trying to bypass the immigration system. USCIS will not deny a case based on the criminal history of the petitioner unless there is something related to the Adam Walsh act, in which case there is a 99% chance you wont get a K1 visa. While I dont agree with a few things some people have said on here the one thing that should be taken in is think it through. If he is still on probation now that means that he did not change his ways after being in trouble the first time, even if those things that he says were his friends and did not know they were stolen , he is still being around fellow criminals. If you go to Jail for any amount of time and are a normal person it should have been enough of a wake up call to get away from that type of life. Since this seems to be a pattern you need to think if one day when you are here and he has to go to jal for a year or more, how will you take care of yourself? People can change, even criminals, but they need to decide to make that change, sometimes that is just not what happens. The whole it wasnt mine it was my friends thing is a clear sign to me that you are not being told the truth and he doesnt want to scare you away with his past or current life style. But this is not fair to you and is an act of being selfish. I am not saying dont love him or dont be with him but you need to have that talk with him about his life and his willingness to change it.

When i was 16 years old I too had problems with the law, and was charged and tried as an adult because my crimes were seen to be serious enough that they felt they needed to have these things on my record for the rest of my life, I have 6 felonies all related to trafficking controlled substances. Did this have an effect on my USCIS petition, not in the least. Have I been in trouble in the past 11 years? NO. Do I still have those friends that i once knew? NO. Would I even put myself in a position to be in trouble with the law again? NO. Does my wife know my past ? You better believe it, and i was 100% up front and honest about those things once feelings were attached. Did I blame them on my friends? Nope, I did what i did and I accepted that the things i did were my fault because we are all in control of our own actions. So even though it may seem as if I am casting a stone at your Fiance, I am only trying to make you aware that you need to think it through as some one said. The fact that he is still very involved in things that could lead to more trouble for him is a sign that the thought of stopping those things has not entered his mind yet. People can change so what the one person said about people always being a thug is not true but it does take willingness to change that life.

Very thoughtful and well said, 000. Thank you. And congratulations on turning your life around. You sound like a wonderful person.

000 you are an example of a changed person...you did something bad, paid the price and are now a productive member of society. Whereas, this man seems to continuously do something criminal over and over again...that is a thug - without question.

I agree with you on that point, I only hope that in him caring for her maybe he can see a reason to change. Because at this point his life has not changed at all. There is hope for people, sometimes it does take what is called tough love, I hope that he is not so far beyond redemption but the fact remains that she will never know until she is here, its a big gamble and this is why I agree with you on she needs to think it through.

Thanks for the advices i really apreciate that u all don't want me to marry someone who has bad past, because i never thought i would marry someone went to jail before,i am agree if he doesnt change his self it will be hell life between us. But we have met a year and 2 months now i know him & i know all his family, he changed totally after he got out from jail 2005, he has no bad friends now,he has only one friend by now and i do know him, he goes from work to home and from home to work, he doesnt go nowhere, he has good job now he is supervisor in a company, also we call each other all the time,he changed him self by turning to religion and reading and working....and now me lol!!
i don't blame him for what he did cuz it's past and we can not change it, we met and we love each other Very much we have dreams with each other it's so difficult to turn back now!!!!:whistle:
i just wish this k1 visa will work now!! hopefully they ll answer us pretty soon inshallah!!

You have to be careful!
I know of a sad case where the fiancee of the petitioner was arrested for drugs along with the petitioner at his house the day after her arriving in the US.
Filipina with no money . People said she didn't know anything about what was going on.
Never did hear what happened to her.

Well atleast now you know his criminal history will not cause USCIS to say no to the petition. I wish you the best of luck and a happy future together and I hope that he has changed his ways for your sake. Good luck.

thanks again but it's not my subject here i am asking what should we do if they deny us is there any other kind of petition that we can file or just send back I129F petition...?
my fiance is not drug dealer and he doesnt use drugs, he was going everyweek to see probation office and they were always testing him to see if he had drugs on his blood and never found that besides the probation officer is very nice with my fiance cuz he know he îs not doing troubles any more and now he go once a month just to state that he still working and give them copies of his pay stubs...anyway my baby changed and no fear from his past i trust him

thank uvery much 000 for the wishes i hope so,
But are u sure they won't deny the k1 visa for such reason??
they approved ur petition??
how long it took for u ?

The K1 petition asks for the petitioner to provide all information about their criminal history in writing on the form and certified police records obtained by submitting their finger prints to the state police so they can be sure they are giving certified records for the correct person. Do you know if this was done? The reason behind that is to make the fiance of the petitioner aware of the petitioners past. Also , how did you meet your fiance? Did you travel here to the united states? One of the requirements for a K1 visa is proof of meeting face to face in the past year, as we know your fiance is on probation so I hope it is that you came here for that face to face meeting as all people on probation must notify their probation officer that they are leaving the state or country(which is very difficult to get approved depending on what prison sentence is hanging over their head). His criminal past is not a problem unless he has something that applies to the Adam walsh act or a long history of violence, I have been told by one lawyer that he had a client that did have domestic abuse on his record and the worst that happened was the interviewing officer at the consulate pretty much was trying to scare the life out of his clients fiance by saying things like "this man is a woman abuser, do you want to end up beaten or dead?" but in the end the visa was granted because the woman did not care about his past. It is only their job to make you aware that you are heading into what could be a dangerous situation. My petition was approved in less than 3 days of being looked at, but I believe it was approved after only 2 hours of looking at it because I never got what is called a "touch" (it is when you look at your case status online and the "date last updated" changes). I was approved for an expedite and my petition was approved on the 3rd weekday following the expedite approval. So the fact that you are waiting 60 days after you gave them his criminal history reports seems as a bit on an alarm that something else could be wrong. But considering my criminal history I am pretty sure that his criminal history is not a problem unless there is more going on than you know or even that he may know.

On a side note about the original question you asked, what to do if the K1 visa is denied, you can always get married and start the k3 or CR1 visa process over again. Im not sure if I would come over here on a tourist visa to get married if the K1 is denied because they will see that your K1 was denied and then you came here on a tourist Visa to get married anyway. While I dont know for sure if that is a problem or not I am sure some one like Pushbrk could give you an answer about that. I think right now you are worried about the wrong thing, USCIS will not deny the petition based on the criminal record that you have said he has. If that is all there is then there is nothing to worry about except the fact that he did not put down that he had a criminal record, even though it says 3 or more convictions related to a controlled substance that did not arise from a single act it is always best to just be up front with any record that you have if you have ever been convicted of anything on that list. And again , if you have waited 60 days from when you sent in his police record and that was all they had asked for you need to start to think about what else could be causing this delay.