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What are their chances?

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Hi everyone! I'm asking this on the behalf of my best friend, who's about to submit an I-129F application in January! :idea:

So, she and her fiancé met during her trip with me here to the United States (She's on VWP until January 10th). They've decided to do the K-1 route. However, he has 30+ criminal records (2 of which are for domestic violence, he took the blame for his ex-wife for the first one, not sure about the second one.) She has autism and a heart issue (neither of which she goes to a doctor for regularly).

What are their chances of getting approved? Is CR1 a better option? Could he possibly write an affidavit explaining the domestic violence charges and she could bring that with her to the interview? Should they have a lawyer backing them up this whole process? My friend is really worried and scared they'll be wasting months and time and end up with a huge denial and she can't come back to visit on her VWP. He can't come to her in Sweden because he has a 4 year old daughter.

They have another red flag, she's 21 and he's 32. 11 years apart.

Thanks guys.

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The age difference is not huge at all...

I think if she was 21 and he was 50 or something like that then the age gap would be questionable. I am not so sure 11 years is a big red flag in my opinion, Just good proof of a genuine relationship would cover that I think.

I do not think the USC has a criminal record check for the K1, Or at least my US fiance never mentioned that she did (unless this is something they do without you knowing when you apply). He has domestic violence charges but 30+ criminal records.... WOW! that's a lot of criminal records almost 1 for every year he has been alive. Is she aware what all of these are for? I would want to know every single last detail about those before I gave up my life in my home country.

I don't think the Autism is an issue although in the UK it does ask you at your medical if you have any disabilities. Also I think the heart condition will depend on what it is, whether it requires medication and whether it is ongoing. I don't think they are grounds for visa denial, I think they look for things that are commutable diseases and whether they can get the right treatment in the USA for ongoing conditions.


Does she know what those 30+ criminal records are?

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Sorry, Please forgive me I forgot that although the USC doesn't have to have the police check like the beneficiary they do still have to disclose the convictions on the I-129F.

Again sorry, I completely forgot purely because my USC fiance didn't have to have a police record check like I did.

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they do background checks of the petitioner and the beneficiary, 30 criminal records is a huge red flag , even have just one can be considered a redflag

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Even getting through the 129F portion with USCIS, the embassy there could simply deny it because of such extensive convictions. It has happened before for reasons of the beneficiaries "own safety" so to say... and that story as I recall the USC had 2 DUI's and one "minor" DV conviction.

But it could be overcome I suppose.

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The age difference is not huge at all...

I think if she was 21 and he was 50 or something like that then the age gap would be questionable. I am not so sure 11 years is a big red flag in my opinion, Just good proof of a genuine relationship would cover that I think.

I do not think the USC has a criminal record check for the K1, Or at least my US fiance never mentioned that she did (unless this is something they do without you knowing when you apply). He has domestic violence charges but 30+ criminal records.... WOW! that's a lot of criminal records almost 1 for every year he has been alive. Is she aware what all of these are for? I would want to know every single last detail about those before I gave up my life in my home country.

I don't think the Autism is an issue although in the UK it does ask you at your medical if you have any disabilities. Also I think the heart condition will depend on what it is, whether it requires medication and whether it is ongoing. I don't think they are grounds for visa denial, I think they look for things that are commutable diseases and whether they can get the right treatment in the USA for ongoing conditions.

Does she know what those 30+ criminal records are?

Sorry, Please forgive me I forgot that although the USC doesn't have to have the police check like the beneficiary they do still have to disclose the convictions on the I-129F.

Again sorry, I completely forgot purely because my USC fiance didn't have to have a police record check like I did.

Thank you so much for your answer.

Yes, my husband and I are 16 years apart and I got questioned a lot for it by the embassy consulate. But he told me he couldn't base a denial on simply just that, especially since we had A LOT of evidence!

I am not sure if she's aware (but since they'll have to submit the packet, she'll have to if she doesn't). She got cleared earlier this year for her heart (and they said "come back when you're pregnant!"). She should pass the medical. It's more the convictions we're worrying about.

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I-129F Part 3 Questions 2a, 2b, 2c ask for the crimes committed.

30+ criminal records - is the USC able to hold down a stable job?

Will your friend (given her conditions Austism, Heart Issues) be able to survive on her own in US should anything happen -> relationship breaks down?

I would suggest to proceed with caution.

Yes, he's had a stable job for a good while now. Her autism is very low (Asperger Syndrome) and she's definitely able to get a job without a problem.

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If the main part she is worried about is the criminal records then I can understand. Especially now people have reminded me that they do the background check on the USC via the I-129F.

She needs to know what these convictions are in my opinion before she even thinks about marrying him. The 2 domestic charges would worry me personally. It would be in her best interest and for her own safety to know what these are.

I also hate to say it but the same as Merrytooth said...

With such a extensive criminal background is the person able to hold down a stable job that meets the income requirements for the K1 let alone the AOS.

I always thought that the US was not very forgiving towards people with criminal backgrounds for anything let alone a job. ( I am just comparing that to the the UK by the way so I am quite aware that I could be wrong with that assumption)

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out of his 30+ criminal records has he ever been sentenced and served time in prison?

Also, Sorry to ask but why would having a 4 year old daughter stop him from visiting her in her home country? Or is it the fact that they will not let him in your friends home country with such a background.

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Definitely seen cases where the K1 was denied due to USC's criminal past. With 30 crimes and a couple of them being DV's the odds are weighing against them. Don't know about him not being able to see her because he has a 4 y/o daughter. Sounds like he may have lost his ability to get a passport due to his criminal background. Any drug convictions?

Drugs and DV's are big no-no's when it comes to immigration.

ETA: One last question... How many actual convictions?

Edited by NuestraUnion

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out of his 30+ criminal records has he ever been sentenced and served time in prison?

Also, Sorry to ask but why would having a 4 year old daughter stop him from visiting her in her home country? Or is it the fact that they will not let him in your friends home country with such a background.

The mother isn't in the picture, and I am very much doubting he'll be wanting to take her on a 12+ flight.

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Definitely seen cases where the K1 was denied due to USC's criminal past. With 30 crimes and a couple of them being DV's the odds are weighing against them. Don't know about him not being able to see her because he has a 4 y/o daughter. Sounds like he may have lost his ability to get a passport due to his criminal background. Any drug convictions?

Drugs and DV's are big no-no's when it comes to immigration.

ETA: One last question... How many actual convictions?

I am not sure on how many convictions. She hasn't told me.

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