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Filed: K-1 Visa Country: Italy
Timeline
Posted

Yet another complication for my fiance and I...

Back in late July, my fiance was stopped on the street in his town in Sicily, where he had just received his printed papers (they had been on file, but he had to wait for an appointment to have them handed to him).

He was not allowed to respond other than yes/no, when asked where his papers were. He said they were at home, and since he didn't say yes/no, the police handcuffed him - assuming he was lying. Inciting racial slurs were thrown at him, and he ended up hitting the side of the cop car with his palm as a reaction to his anger. After he did this, they took him to prison for 10 days. All charges were dropped, and there weren't any convictions...of course. Because he had his papers. They just said not to have any more "incidents" within 6 months, or he'll be sent home. Of course, it's been nearly 6 months with no incident.

He read online that this offense might not even be on his police records. He has yet to go to Rome and get the records though, so we don't know yet. He read that it was "Tolerable" in the eyes of the Italian authorities.

We're worried that this might pose a problem for our application. Does anyone have any ideas as to what could be denied and what can't in this sort of thing? Is it any minor offense, or convictions, or violent crimes?

I know it probably is a moot point if its not in his records anyway, but I was wondering what everyone's thoughts were.

Also - does he need to send the police records to me with the I29-F, or does he wait until his interview??

Filed: IR-1/CR-1 Visa Country: Samoa
Timeline
Posted

You are fine. From my understanding they will only deny you if committed a crime of moral turptitude. Which would be more like a felony or aggravate offense thaqt would have a maximum sentence of one year and if it is a combination of offenses its five years. Do not lie on your application. Just provide them with the arrest, court, or release papers.

Good luck

If I could be anything, I would be a tear.

Born in your eye, Live on your cheek, and Die at your lips.

<3 --<--@

Marriage: 2008-10-15

Husband left w/o deportation:2008-10-22

I-130/I129f Sent: 2008-11-20

Interview Date: 2009-08-11

K3 DENIED Back to USCIS

Action to deny RFE: 2010-07-01

REAFFIRMED!!! :) : 2010-10-02

NVC Received 2nd time: 2010-10-14

Everything paid by: 2010-10-19

Sent DS230: 2010-11-23

NVC RFE received: 2010-12-17

Case Complete NVC:2011-01-03

Second Interview IR-1:2011-02-10

PUT IN AP!!!!!!

THIRD INTERVIEW: 2012-07-17

We were denied based on overstay, not misdemeanor conviction.

WE CAN FINALLY SUBMIT I-601 WAIVER!!

Submit I-601: 2012-09-29

Waiver Aproved:?

Visa Received:?

US Entry:?

Filed: IR-1/CR-1 Visa Country: Samoa
Timeline
Posted

Sorry I should be a bit clearer before someone corrects me. If they are convicted of a felony or a crime of moral turptitude that will pose many issues for you. If he was arrested for a felony and not yet convicted...if the maximum sentence at trial is one year that is most likely a denial. If there are multiple arrests with the maximum sentence of five years-->denial. A crime involving prostitution or drug smuggling/selling-denial. Possesion of 30mg or less of marijuana--waiver. Also if the crime was done five years ago they are more leniant in waiver cases or if the benificiary was younger than 18 years old at the time.

Like I said, just be honest and you are 100% fine.

If I could be anything, I would be a tear.

Born in your eye, Live on your cheek, and Die at your lips.

<3 --<--@

Marriage: 2008-10-15

Husband left w/o deportation:2008-10-22

I-130/I129f Sent: 2008-11-20

Interview Date: 2009-08-11

K3 DENIED Back to USCIS

Action to deny RFE: 2010-07-01

REAFFIRMED!!! :) : 2010-10-02

NVC Received 2nd time: 2010-10-14

Everything paid by: 2010-10-19

Sent DS230: 2010-11-23

NVC RFE received: 2010-12-17

Case Complete NVC:2011-01-03

Second Interview IR-1:2011-02-10

PUT IN AP!!!!!!

THIRD INTERVIEW: 2012-07-17

We were denied based on overstay, not misdemeanor conviction.

WE CAN FINALLY SUBMIT I-601 WAIVER!!

Submit I-601: 2012-09-29

Waiver Aproved:?

Visa Received:?

US Entry:?

Filed: K-1 Visa Country: Italy
Timeline
Posted

Oh no no no....not convicted or charged of a felony. No sentence. Just kept under lock and key for 10 days, then let out within 2 hours after going to a b.s. court hearing where they had a public defendant say basically this whole thing is unnecessary. Nothing anything like what you're mentioning.

Whew...good to know at least that part is one less thing to worry about!

Now we just have to:

* wait for his new passport to process, since the Ivory Coast is again at war and lost his renewal packet.

* wait for him to get to Rome to process his police records.

* wait for his police records from Ivory Coast to arrive in the mail.

* find a co-sponsor for me, since I only have $49,000 in investments and not $55,000 which is the minimum amount of assets I need if I am unemployed.

Hopefully I get employed within the next week or two...then hopefully I can use my contract to just sponsor him myself!!

Filed: IR-1/CR-1 Visa Country: Samoa
Timeline
Posted

Never lose hope. If you take a look at my timeline you will automatically consider yourself lucky. Two years, a denial, a tsunami, felonies plural, interveiws are in a seperate country and require seperate visas, and an overstay. But looking foward to another interview denial and to begin the waiver process around february. :D (Don't mind my sarcasm because I'm actually happy I'm going to visit my husband in 7 days...otherwise I'm usually bitter)

Glad I could make you feel better about your case around the holidays lol. I'm sure you could find a co-sponser and as long as your loved one is still healthy there is hope. Good Luck with everything...this is only a small bumo in the road. Nothing we can't handle for love.

If I could be anything, I would be a tear.

Born in your eye, Live on your cheek, and Die at your lips.

<3 --<--@

Marriage: 2008-10-15

Husband left w/o deportation:2008-10-22

I-130/I129f Sent: 2008-11-20

Interview Date: 2009-08-11

K3 DENIED Back to USCIS

Action to deny RFE: 2010-07-01

REAFFIRMED!!! :) : 2010-10-02

NVC Received 2nd time: 2010-10-14

Everything paid by: 2010-10-19

Sent DS230: 2010-11-23

NVC RFE received: 2010-12-17

Case Complete NVC:2011-01-03

Second Interview IR-1:2011-02-10

PUT IN AP!!!!!!

THIRD INTERVIEW: 2012-07-17

We were denied based on overstay, not misdemeanor conviction.

WE CAN FINALLY SUBMIT I-601 WAIVER!!

Submit I-601: 2012-09-29

Waiver Aproved:?

Visa Received:?

US Entry:?

Filed: K-1 Visa Country: Italy
Timeline
Posted

Oh...my...god. I thought we had it bad. I'm so sorry...sometimes we're like why is God so cruel, but you're right....one would do anything for love. And I AM lucky he is still healthy. Morbid thoughts come up when you're far away, I'm sure you know. It's so hard.

Good luck to both of you, and a HUGE high five for sticking through it. People don't understand how we do what we do, why not just give up and marry an American citizen....in my case, a white guy with money?? **BAH!! lol. They're starting to see what I see in him, after meeting over webcam chat for over 2 hours.

Yes, that did help out my Christmas!!!:) Have a good trip, and happy holidays:)

Filed: IR-1/CR-1 Visa Country: Samoa
Timeline
Posted

I much prefer my Tarzan also. :rofl: At least ours are raised on hard work, values, and appreciation...and not greed and power. It comes down to how they treat you and make you feel, never what kind of car they can put you in.

My family in particular likes to preach "stability'..."You should be with a guy who is stable" Ok so I'll marry the wealthy man for wealth and family politics and when my kids are grown I'll end up in a divorce with the backlash of secretive affairs coming to light. I dont believe that is stable. Love is stable and never dies, everything else can be obtained.

If I could be anything, I would be a tear.

Born in your eye, Live on your cheek, and Die at your lips.

<3 --<--@

Marriage: 2008-10-15

Husband left w/o deportation:2008-10-22

I-130/I129f Sent: 2008-11-20

Interview Date: 2009-08-11

K3 DENIED Back to USCIS

Action to deny RFE: 2010-07-01

REAFFIRMED!!! :) : 2010-10-02

NVC Received 2nd time: 2010-10-14

Everything paid by: 2010-10-19

Sent DS230: 2010-11-23

NVC RFE received: 2010-12-17

Case Complete NVC:2011-01-03

Second Interview IR-1:2011-02-10

PUT IN AP!!!!!!

THIRD INTERVIEW: 2012-07-17

We were denied based on overstay, not misdemeanor conviction.

WE CAN FINALLY SUBMIT I-601 WAIVER!!

Submit I-601: 2012-09-29

Waiver Aproved:?

Visa Received:?

US Entry:?

Filed: K-1 Visa Country: Italy
Timeline
Posted

I TOTALLY agree with you. My parent's preach stability and also, "This isn't going to be easy. I hope you two know how NOT easy its going to be...how are people going to look at you and your children, you have to think about that. It's not going to be easy."

Did they mean to teach me, that I should always look for the easy path in life? Sorry I missed that. I was always under the impression that what I was being taught, was to judge people with faireness, respect, and open mindedness....which is what happens when you find love in the most unexpected of places. Perhaps its why so many people haven't ever found love. And once you find it, you know; because no matter what, you're not going to let it go.

Maybe we should continue this rant in a private convo hahah....or maybe there are many more people on this site that can understand what we mean:)

Filed: AOS (apr) Country: Philippines
Timeline
Posted

moving thread to:

US Embassy and Consulate Discussion

This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.

Topic relates to a specific consulate or consulate level processing

YMMV

Filed: K-1 Visa Country: Philippines
Timeline
Posted

OFFTOPIC:

"He was not allowed to respond other than yes/no, when asked where his papers were. "

How to answer such a question with just a yes/no? :reading:

3.gif

"The perfection/respect/credibility of a man decreases by the number of marriages he has had and by the number of kids he has outside his current marriage. ", Quote by Bite YourDust
  • Met on yahoo chat through a friend.
  • April 2010 - Decided to meet in person
  • 06.01.2010 - She flew from Dubai to Philippines for vacationing
  • 06.21.2010 - We met in Philippines
  • 06.24.2010 - Engaged
  • 06.28.2010 - Came back to USA
  • 07.05.2010 - She flew back to Dubai (work)
  • 08.02.2010 - Mailed I129F to VSC
  • 08.03.2010 - Delivered to VSC. Signed by D RENAUD.
  • 08.09.2010 - Check cashed
  • 08.14.2010 - NOA1 (Dated 08/06/2010)!!!!!!!!
  • 08.19.2010 - Touched!
  • 08.27.2010 - Received snail mail that typographical error was fixed.
  • 10.03.2010 - Touched!
  • 11.21.2010 - Visited her for a week in Dubai!
  • 02.14.2011 - NOA2 Approved on St. Valentine day!!!!!!!
  • 02.17.2011 - Packet left from NVC to ABU DHABI (Dubai)
  • 02.19.2011 - NOA2 hard copy received
  • 02.22.2011 - Packet reached ABU DHABI's consulate
  • 03.02.2011 - packet 3 & 4 received by email
  • 03.02.2011 - Confirmation of Interview on 04.14.2011 -
  • 03.07.2011 - Fiancee passed medical exam.
  • 04.14.2011 - K1-Visa Approved!!!!!!!!!!!!!!!!!!!
  • 04.21.2011 - Picked up Visa !!!!!!!!!!!!!!!!!!!
Filed: IR-1/CR-1 Visa Country: Samoa
Timeline
Posted

I'm sure they were yes no questions in relation to his papers. like "Do you have your papers on you" answer no. when he tried to explain that his papers were at home the police didn't beleive him and I'm sure he was aggrevated as anyone would be and got into a verbal argument with the police. Which is enough to take him into custody. This is common in profiling discrimination, but in this case the police were wrong and the defendent was soon let go once proper documentation was varified. He didn't commit any crime, but the argument with police was look at leniently and he was only given a verbal probationary period to keep an "eye" on him. This all could have been avoided if he had his paperwork on him which I'm sure he learned his lesson. No big deal.

If I could be anything, I would be a tear.

Born in your eye, Live on your cheek, and Die at your lips.

<3 --<--@

Marriage: 2008-10-15

Husband left w/o deportation:2008-10-22

I-130/I129f Sent: 2008-11-20

Interview Date: 2009-08-11

K3 DENIED Back to USCIS

Action to deny RFE: 2010-07-01

REAFFIRMED!!! :) : 2010-10-02

NVC Received 2nd time: 2010-10-14

Everything paid by: 2010-10-19

Sent DS230: 2010-11-23

NVC RFE received: 2010-12-17

Case Complete NVC:2011-01-03

Second Interview IR-1:2011-02-10

PUT IN AP!!!!!!

THIRD INTERVIEW: 2012-07-17

We were denied based on overstay, not misdemeanor conviction.

WE CAN FINALLY SUBMIT I-601 WAIVER!!

Submit I-601: 2012-09-29

Waiver Aproved:?

Visa Received:?

US Entry:?

 
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