K1 sponsor past

[cookiewaffle 1]

Hi,

My fiancee wishes to file a K1 petition for me.

But we are worried about facing problems while filing the petition due to his past mistakes.

Five years ago, he had assaulted someone with a BB gun and get jailed for few months.

And 2 years ago, he was caught drunk driving and got his license revoke, and on other 2 occasions later, he was caught driving without license.

Now he has become a better person but still on weekly probation.

I had known him for a year and we want to start a life together.

I had asked him to apply for a police certificate from the state police and FBI to evaluate the situation further. But i'm afraid that chances are going to be slim for us to get approved.

Anyone can advise what should we do or plan to enable our petition to be successful?

[D N Medellin COL 75]

One bit of advice I can give is to be totally honest about this all. Anticipate extra scrutiny of the application. Give it a try but again be forthright about the past.

God's speed!

[JimVaPhuong 4,864]

Have him take a close look at the descriptions of the IMBRA related crimes on page 3, section 7, of the I-129F form instructions. If he has any convictions that match any of the ones described in the form instructions then he'll need to obtain copies of all police and court records related to the crime, and he'll need to include those records with the I-129F petition he sends to USCIS. It's not a big deal. The IMBRA requirements are all about disclosure - not denial. They send copies of the records to Department of State, who will forward them to the consulate, who will then send them to you, along with a pamphlet about domestic violence. They want to make sure that you know if the person you're intending to marry has a history of violent crimes or drug/alcohol problems. The don't deny the petition just because the petitioner has been convicted of one or more of those crimes. The only sort of crimes that would make the petitioner ineligible to submit a petition would be a crime that was covered by the Adam Walsh Act (sex crimes involving children), or a criminal violation of US immigration law.

Make sure you know all the details of each of these convictions. Even if they don't need to be disclosed under the IMBRA, they will undoubtedly come up in his background check, and the consulate will know about them. When the consulate has inside information that wasn't revealed in the paperwork that was submitted they have a tendency to try to use that information to their advantage.

[cookiewaffle 1]

Thanks for the advices! I really appreciate it and it helps us to be more optimistic in applying soon.