k1 visa help for someone who has an old criminal record

[surfer 0]

hi there, we have just satarted our K1 visa application and the packet is going to be sent to texas today. My question is: I am a british citizen and my fiance is american and i am hoping to live over there with her. In 1985 i had stupid momnet and now have a criminal record for theft and the only other thing was a minor motoring convection 10 years ago for no insurance, will this stop me from getting the visa......

Thanks for all you help

[star_shine 0]

hi there, we have just satarted our K1 visa application and the packet is going to be sent to texas today. My question is: I am a british citizen and my fiance is american and i am hoping to live over there with her. In 1985 i had stupid momnet and now have a criminal record for theft and the only other thing was a minor motoring convection 10 years ago for no insurance, will this stop me from getting the visa......

Thanks for all you help

Hey No i dont think its gonna stop you from getting a visa .. Just make SURE NOT to lie in anything… so when u fill out your papers and it ask, have you ever been convicted of something u have to say yes!!!!

and they will ask you to explain what happend and all..!

Good Luck!

[Dakine 26]

hi there, we have just satarted our K1 visa application and the packet is going to be sent to texas today. My question is: I am a british citizen and my fiance is american and i am hoping to live over there with her. In 1985 i had stupid momnet and now have a criminal record for theft and the only other thing was a minor motoring convection 10 years ago for no insurance, will this stop me from getting the visa......

Thanks for all you help

It may. Have the petitioner get a lawyer.

[ghanagal 2]

I wouldn't say you need a lawyer, depending on what kind of charges they were you most likey do not need a lawyer. I had three DWIS I sent evidence about the trail , certified copies of court documents and papers showing I went to rehab. I would send certified court records upfront showing the evidence of the disposition of the case upfront so you don't get and RFE. I don't think petty theft charges will cause a denial. Just be upfront about it, good luck

Edited October 1, 2010 by ghanagal

[RichiJenny 14]

Apply for your police record now. Its called Acpo. Its 35 pounds for standard and 70 pounds for express delivery. You need a photo. Its a bit more official looking than the subject access. I have VERY similar worries to yourself when I went through the k1 in 06. got the subject access and it showed no police record. the embassy were fine with that. Now im going through the CR1 i was worried as the acpo search is a new search it may show up. However the acpo certificate showed no trace. So Im fine. If the acpo shows anything at all, it will be no live trace going by what youve said. In this case you will need to search for court records for the offence. Ive searched high and low, driving without insurance is borderline when it comes to 'criminal' or not.

However, from the extensive research Ive done, the police database had some kind of overhaul in 2006 and deleted a lot of petty/spent records. So there is a good chance you may show up as no trace. In which case you are fine.

Worst case scenario, you would need an i601 waiver if your record blatantly shows up on your acpo report.

Indeed, I am not encouraging to lie, if the police record shows 'no trace', the embassy has it in black and white as proof. if you want to know anymore drop me a pm.

EDIT - sorry, i didnt see the line about theft. YOu may want to consult with a lawyer there. I have had a few chats with Mr Steven Heller, he used to work at the uscis and the us embassy in london, he has been very helpful with his advice on the phone and has not charged.

However, London is apparently bcoming more stringent on Crime of moral turpitude. your best best is to go for your ten pounds subject access first. if theres nothing on there, there'll be nothing on the 35 pounds acpo report, as the Subject access contains more details of any offences.

Edited October 1, 2010 by RichiJenny