Please Help with K1 answers

[E&M 0]

Hello and thanks in advance for your help. I have several questions

1. My fiancee experimented drugs 12 years ago and I am afraid he gets asked the question at the medical exam in Italy. Is the question asked about drug use on any of the forms he needs to fill out? Has anyone been through that exam in Italy or could anyone else advise?

2. He spent a few days in jail on suspicion of drug trafficking but was not convicted, it was a false arrest and the judge had them released.

- The police cerificate is blank because there have not been any conviction and when he called the police, he was told that they would most likely not have any records on him. Should he still get a prison record? Is there such a thing in Italy? I am not sure what to do.

4. My gross income is higher than the one on my tax transcript because of a pay cut we had. Should I include the actual salary on the I-134 sine it was reinstated?

5. Should I submit the I-864 Affidavit of Support for the Naples embassy?

6. I have tax transcripts and no w2s, is that ok?

Thanks for the help.

[NigeriaorBust 4,088]

You should always be honest when it comes to answering immigration questions. If you neglect to put the correct data on the forms now and nothing happens in getting your visa , there is a distinct possibility that old records will be loaded into some database in the future and the facts may surface. If it comes up after the fact there is a possibility of losing your right to be in the US forever. You will be asked during medical about drug use, you will be asked if you were ever arrested , even if you weren't convicted. Check the I 485 page 3 question 1 and how do you answer those

[JimVaPhuong 4,865]

Hello and thanks in advance for your help. I have several questions

1. My fiancee experimented drugs 12 years ago and I am afraid he gets asked the question at the medical exam in Italy. Is the question asked about drug use on any of the forms he needs to fill out? Has anyone been through that exam in Italy or could anyone else advise?

He is asked specifically if he ever violated any law related to controlled substances on the DS-230. The question is "violation of any law relating to a controlled substance", so it applies even if he was never arrested. He will also be asked during the medical exam if he's ever used drugs. Coincidentally, if he was never arrested then they will not know he experimented with drugs 12 years ago until he tells them about it. It will not be detected on any medical test.

2. He spent a few days in jail on suspicion of drug trafficking but was not convicted, it was a false arrest and the judge had them released.

- The police cerificate is blank because there have not been any conviction and when he called the police, he was told that they would most likely not have any records on him. Should he still get a prison record? Is there such a thing in Italy? I am not sure what to do.

Both the DS-156 and the DS-230 ask if he's ever been arrested for any crime. If there is no record of the arrest then he should probably get a report from the police stating that there is no record.

4. My gross income is higher than the one on my tax transcript because of a pay cut we had. Should I include the actual salary on the I-134 sine it was reinstated?

State your current annual income on the I-134. Provide recent paystubs to substantiate the increase in pay.

5. Should I submit the I-864 Affidavit of Support for the Naples embassy?

No. I only know of one consulate that apparently asks for an I-864 for K1's, and it's not Naples.

6. I have tax transcripts and no w2s, is that ok?

Transcripts are generally better than a 1040 because they are produced by the IRS, and confirm the actual numbers submitted on the tax return. No W2's are required when you submit tax transcripts.

[claudia2212 0]

He is asked specifically if he ever violated any law related to controlled substances on the DS-230. The question is "violation of any law relating to a controlled substance", so it applies even if he was never arrested. He will also be asked during the medical exam if he's ever used drugs. Coincidentally, if he was never arrested then they will not know he experimented with drugs 12 years ago until he tells them about it. It will not be detected on any medical test.

Both the DS-156 and the DS-230 ask if he's ever been arrested for any crime. If there is no record of the arrest then he should probably get a report from the police stating that there is no record.

State your current annual income on the I-134. Provide recent paystubs to substantiate the increase in pay.

No. I only know of one consulate that apparently asks for an I-864 for K1's, and it's not Naples.

Transcripts are generally better than a 1040 because they are produced by the IRS, and confirm the actual numbers submitted on the tax return. No W2's are required when you submit tax transcripts.

im sorry can you tell us which consulate asks for I-864?

[JimVaPhuong 4,865]

im sorry can you tell us which consulate asks for I-864?

I can't confirm it because I didn't hear it from the consulate directly, but another VJ member was apparently told by the consulate in New Delhi, India, that he needed to submit an I-864 for a K1 visa beneficiary. If that isn't strange enough, they also told him that his income had to be enough to support everyone living in his household, whether they were his dependents or not. That's the only case and the only consulate I've ever read about where a K1 was asked to submit an I-864 for the visa interview.

[E&M 0]

Thanks for the replies but if there was no crimes committed when arrested how could we answer "yes" when the question specifically says "arrest for a crime"?

[JimVaPhuong 4,865]

Thanks for the replies but if there was no crimes committed when arrested how could we answer "yes" when the question specifically says "arrest for a crime"?

Being arrested for a crime does not imply that you are guilty of the crime. Being convicted implies you are guilty. The question on the DS-156 specifically asks if the applicant was ever arrested OR convicted for any offense or crime. If he's ever been arrested, unless the arrest had nothing to do with any crime (e.g., if he were arrested for his own protection), then he'd have to answer 'yes'.