What are their chances?

[ZoeUK1989 35]

Is the mother isn't in the picture then he can take her on holiday so long as he and she has their passports and the country will accept him with his criminal history. He can always do a connecting flight to give his daughter a break if the 12+ hours frightens him. Its doable for sure (again so long as he is allowed in the country)

I know you say she hasn't told you but does she know? Does she know if he has been handed any sentences and what all these criminal records relate to?

I get nervous reading this to be honest based on other people speaking of experiences or other peoples experiences trying to get a K1 with criminal convictions...

Would the outcome potentially be different if they were to get married and file for the spousal visa instead?

[databit 328]

... He can't come to her in Sweden ...

Being a little suspicious here perhaps, but your friend might also ask him if his passport has been denied or suspended, which can happen if he owes back child support of $2,500+ to the mom of his child or to the state (if welfare/ADC was used for the child), even if he has custody now. Also owing back income taxes to the IRS can trigger passport denial or suspension.

[Villanelle 4,121]

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

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.

Can you please ask the USC to join and post in this thread?

See, the term "criminal record" or "arrest record" are terms people use when searching their own records online or employers use when doing background checks. Someone with a troubled past can easily have 30+ hits show up in a record like that. They document things like an arrest or any interaction with the criminal/legal system-- even ones that do not result in convictions.

So- arrested for fighting in a bar and then let go a few hours later. Arrested for being drunk in public and held overnight and released. Arrested and charged for disorderly conduct and then go to court and charges dropped- All this can be counted as stuff on your "record" but are not convictions and do not apply to USCIS waiver requirements for the 129f.

ANY domestic violence conviction- will need to go on the 129f and require a waiver. If his convictions include drug or alcohol convictions- they also fall into the waiver category. Now you dont do a separate waiver for each, its one waiver request for all the "bad" you have that needs to be waived. The more you have the more extreme waiver you are requesting and the higher the odds are they can say no.

If they get married there is no waiver. UNLESS one of his convictions falls under AWA- which includes anything child related (seems unlikely since he has custody of his child) but it also includes prostitution or solicitation. Then they are out of luck for any visa type. So it would be helpful for the USC to provide a list of his actual convictions.

The fiance or spouse will be provided with his convictions and questioned about them. It will be used to evaluate the relationship (how much she knows) and to protect her from getting into something she didnt know about. They can not ultimately stop them from being together one way or another directly due to convictions (if the K is denied they would marry)- but they can make it difficult by denying it for misc reasons and having them reapply and dragging it out. Personally I think they sometimes do this as a test of the relationship.

I know some people are uncomfortable about being married and living long distance. I do believe the CR visa is the smarter option because there is no waiver needed. Again- you need to make sure none of the convictions are AWA (adam walsh act) because then it doesnt matter which visa, it aint happening. I worry if you do the K - on paper you may get the waiver but be hassled and denied and have to go the CR route anyway.

Is the couple also using the embassy in Sweeden? That matters as well to be honest. It shouldnt cause we are all the US, but it sadly does.

Also she shouldnt have an issue using her VWP during the process, but some people do when they have a petition pending. Since she is in the US and they are engaged have they considered getting married here now? She can stay and do AOS or return home and file the CR. Or of course continue on with the plan for the K...

[Boiler 43,419]

Why is she so desperate to stay in the US?

[s + j 71]

Can you please ask the USC to join and post in this thread?

See, the term "criminal record" or "arrest record" are terms people use when searching their own records online or employers use when doing background checks. Someone with a troubled past can easily have 30+ hits show up in a record like that. They document things like an arrest or any interaction with the criminal/legal system-- even ones that do not result in convictions.

So- arrested for fighting in a bar and then let go a few hours later. Arrested for being drunk in public and held overnight and released. Arrested and charged for disorderly conduct and then go to court and charges dropped- All this can be counted as stuff on your "record" but are not convictions and do not apply to USCIS waiver requirements for the 129f.

ANY domestic violence conviction- will need to go on the 129f and require a waiver. If his convictions include drug or alcohol convictions- they also fall into the waiver category. Now you dont do a separate waiver for each, its one waiver request for all the "bad" you have that needs to be waived. The more you have the more extreme waiver you are requesting and the higher the odds are they can say no.

If they get married there is no waiver. UNLESS one of his convictions falls under AWA- which includes anything child related (seems unlikely since he has custody of his child) but it also includes prostitution or solicitation. Then they are out of luck for any visa type. So it would be helpful for the USC to provide a list of his actual convictions.

The fiance or spouse will be provided with his convictions and questioned about them. It will be used to evaluate the relationship (how much she knows) and to protect her from getting into something she didnt know about. They can not ultimately stop them from being together one way or another directly due to convictions (if the K is denied they would marry)- but they can make it difficult by denying it for misc reasons and having them reapply and dragging it out. Personally I think they sometimes do this as a test of the relationship.

I know some people are uncomfortable about being married and living long distance. I do believe the CR visa is the smarter option because there is no waiver needed. Again- you need to make sure none of the convictions are AWA (adam walsh act) because then it doesnt matter which visa, it aint happening. I worry if you do the K - on paper you may get the waiver but be hassled and denied and have to go the CR route anyway.

Is the couple also using the embassy in Sweeden? That matters as well to be honest. It shouldnt cause we are all the US, but it sadly does.

Also she shouldnt have an issue using her VWP during the process, but some people do when they have a petition pending. Since she is in the US and they are engaged have they considered getting married here now? She can stay and do AOS or return home and file the CR. Or of course continue on with the plan for the K...

Wow thank you so much for your answer. Yes their embassy would also be in Sweden.

That's what I was thinking, too. Wouldn't it be easier for them to skip the possibilties of denial, and marry as she is already here? It wouldn't be immigration fraud as there wasn't an intent for it. They just fell in love.

Why is she so desperate to stay in the US?

I don't think it's desperation, but to be with your family, and the one you love.

[Boiler 43,419]

Could not her family petition her?

[s + j 71]

Could not her family petition her?

Not a biological family, sorry that was my mistake.

[Villanelle 4,121]

Im kinda curious when you say she was 'cleared for her heart' and they told her to come back pregnant...? who told her this? who cleared her and why?

[s + j 71]

Im kinda curious when you say she was 'cleared for her heart' and they told her to come back pregnant...? who told her this? who cleared her and why?

The docs told her she's good for now. They don't want to do an unnecessary surgery when she doesn't need it, yet. And she'll only need that surgery if she were to get pregnant.

[Villanelle 4,121]

Hmm okay... I would dig a bit in the medical info sources just to make sure if anything would fall into a class a or b-- (I can help ya'll with that if shes going to stay for AOS- because if it was me, Id want to be sure everything was OK before overstaying on the VWP or else Id leave)...

But its unnecessary to get into that right now. The first issue is the AWA- these are the convictions that are going to make it impossible for them. (if he has one- he has to be honest about it with her now. She can file for AOS knowing he has AWA and remain in the states through out the constant denial appeal process which will take years and years but she will never be approved and it will cost them thousands of dollars in legal fees) If she leaves and files the CR- she will never get it.

(A) an offense involving kidnapping, unless committed by a parent or guardian;

(B) an offense involving false imprisonment, unless committed by a parent or guardian;

© solicitation to engage in sexual conduct;

(D) use in sexual performance;

(E) solicitation to practice prostitution;

video voyeurism as described in 18 USC § 1801;

(G) possession, production, or distribution of child pornography;

(H) criminal sexual conduct involving a minor, or the use of the Internet to facilitate or

attempt this conduct;

(I) any conduct that by its nature is a sex offense against a minor.

Other then that- look at the instructions for the 129F- (and possibly the form) it clearly lists out what convictions they require to be disclosed- DV, alcohol, drug, etc. (includes stalking, rape etc) I dont have it handy to list for you- sorry. Remember these are CONVICTIONS- which means went to court and either pleaded guilty or was found guilty. Does not count if it was just and arrest and case was not pursued. If it was an original charge of "sexual assault" and then he pleaded down to something like inappropriate touching or improper conduct- well that makes it more complicated. You would need to look at the state statutes to see how its considered + how USCIS will view it since they can interpret things differently. Basically any conviction that had anything to do with a 'partner' can be an issue. So either ask about it here or speak with an attny.

Again the waiver is an issue for the K, not the CR, but having a record that includes many drug convictions as well as things like rape and stalking and sexual assault will call into question his moral character and if he is the kind of person that would marry someone to help them obtain a GC. So it casts doubt on the relationship being sincere. Its also hard for people to accept that a young girl would get involved with someone with such a past- and be looking beyond it based on true love and understanding rather then immigration benefits. (as you can see from some of the comments). Now I dont know if his past is as severe as I described- I certainly hope not!

But again, I would urge the USC to join the discussion. Judgments are going to happen, but VJ has a strong set of mods who keep things in line. If he prefers he can pay for a private consult with an attny however. I would just stress to him that now is not the time to downplay his record- it is what it is. USCIS is going to see it- so being honest and upfront with those offering advice is the only way to get accurate info.

[s + j 71]

Hmm okay... I would dig a bit in the medical info sources just to make sure if anything would fall into a class a or b-- (I can help ya'll with that if shes going to stay for AOS- because if it was me, Id want to be sure everything was OK before overstaying on the VWP or else Id leave)...

But its unnecessary to get into that right now. The first issue is the AWA- these are the convictions that are going to make it impossible for them. (if he has one- he has to be honest about it with her now. She can file for AOS knowing he has AWA and remain in the states through out the constant denial appeal process which will take years and years but she will never be approved and it will cost them thousands of dollars in legal fees) If she leaves and files the CR- she will never get it.

(A) an offense involving kidnapping, unless committed by a parent or guardian;

(B) an offense involving false imprisonment, unless committed by a parent or guardian;

© solicitation to engage in sexual conduct;

(D) use in sexual performance;

(E) solicitation to practice prostitution;

video voyeurism as described in 18 USC § 1801;

(G) possession, production, or distribution of child pornography;

(H) criminal sexual conduct involving a minor, or the use of the Internet to facilitate or

attempt this conduct;

(I) any conduct that by its nature is a sex offense against a minor.

Other then that- look at the instructions for the 129F- (and possibly the form) it clearly lists out what convictions they require to be disclosed- DV, alcohol, drug, etc. (includes stalking, rape etc) I dont have it handy to list for you- sorry. Remember these are CONVICTIONS- which means went to court and either pleaded guilty or was found guilty. Does not count if it was just and arrest and case was not pursued. If it was an original charge of "sexual assault" and then he pleaded down to something like inappropriate touching or improper conduct- well that makes it more complicated. You would need to look at the state statutes to see how its considered + how USCIS will view it since they can interpret things differently. Basically any conviction that had anything to do with a 'partner' can be an issue. So either ask about it here or speak with an attny.

Again the waiver is an issue for the K, not the CR, but having a record that includes many drug convictions as well as things like rape and stalking and sexual assault will call into question his moral character and if he is the kind of person that would marry someone to help them obtain a GC. So it casts doubt on the relationship being sincere. Its also hard for people to accept that a young girl would get involved with someone with such a past- and be looking beyond it based on true love and understanding rather then immigration benefits. (as you can see from some of the comments). Now I dont know if his past is as severe as I described- I certainly hope not!

But again, I would urge the USC to join the discussion. Judgments are going to happen, but VJ has a strong set of mods who keep things in line. If he prefers he can pay for a private consult with an attny however. I would just stress to him that now is not the time to downplay his record- it is what it is. USCIS is going to see it- so being honest and upfront with those offering advice is the only way to get accurate info.

I'm sure to 99.9% that it ISN'T anything with that. I'm not sure to 100 because he hasn't told me/my friend hasn't told me. He is my husbands best friend, too, and I haven't heard anything from him, either, so I highly doubt it is any of those things. I'm thinking drugs, drinking/driving, urination in public, domestic violence, that thing. But again, I am not sure, so don't take my word for it.

I'll tell her to do some more research on her medical issues, however. Thank you so much for all your help!

And yes, that's what concerns me, too. That they'll see it that she was after a Green Card, however, I've known her quite a while, and she isn't that kind of person. Even when brought up, and asked (my in-law's asked, amongst others) and she almost tears up when people try to accuse her of that. But I do see why they'd think that.

I'll pass this information onto those two though, thank you so much again!! This has been incredibly helpful. <3

[f f 725]

everything about the convictions and medical aside. this relationship seems way too fast and before anyone moves across the Atlantic please spend more time together or just talk and make sure the move is worth it.

good luck

[Boiler 43,419]

She can marry and adjust having entered on the VWP.

Issue is his criminal history.

[Penguin_ie 5,984]

***** Many posts removed for off topic, bickering discussion on the legality of AOSing from the VWP. Post constructive advice directly relevant to the Op/ her friend, or do not post. *****

Edited December 24, 2016 by Penguin_ie

[ZoeUK1989 35]

Administration can you delete my post regarding the not being able to adjust your status from the vwp please. Apparently I am incorrect and was not aware that I was wrong. I would he appreciated as still not want to be the one giving out 'incorrect' information

Thanks