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Shaunna&Tony

Confused about effects of a criminal record?

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Hi everyone - first of I would ask for no judgment to be passed on my partner as I am after advice only

I have pretty much asked this question before but am still a bit confused about the effects if the petitioner for a k1 visa has a criminal record?

I have tried using the search function on this website for other similar posts but really only came across posts about the fiance having the record not the petitioner. I have been researching for a while (both my fiance and I wont to be fully prepared and ready when we send out application later this year) but still am a bit confused

my bf finished a 7 year prison sentence late last year for possesion of a weapon prior to that when he was younger he had a few minor charges for drugs (not selling or distribution just a small amount on himself 'for personal use'). I myself have no criminal record whatsoever

Will this be a problem for our petition? Info I have found online says it's more a problem if it was something violent/sexual/crime against a child etc etc but I'm still well probably paranoid that our application will be denied because of his record. I have tried contacting a few immigration attorneys but of course they want $500 just to review his crimes and wouldnt say anything else

If someone is able to shed some light it would be greatly appreciated. Is it worth going to an attorney because of his criminal record? Thanks in advance for any advice - I am making myself paranoid with worry so just want to prepare myself :(

also just something quickly - the 'having met within the last two years' mean that you have had to have known them for a minimum of two years? As when we apply we would have only known eachother for a year and a half (have met plenty of times in person)

Thanks again and really sorry for the long post everyone

Edited by .:*Shaunna*:.

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Hi everyone - first of I would ask for no judgment to be passed on my partner as I am after advice only

I have pretty much asked this question before but am still a bit confused about the effects if the petitioner for a k1 visa has a criminal record?

I have tried using the search function on this website for other similar posts but really only came across posts about the fiance having the record not the petitioner. I have been researching for a while (both my fiance and I wont to be fully prepared and ready when we send out application later this year) but still am a bit confused

my bf finished a 7 year prison sentence late last year for possesion of a weapon prior to that when he was younger he had a few minor charges for drugs (not selling or distribution just a small amount on himself 'for personal use'). I myself have no criminal record whatsoever

Will this be a problem for our petition? Info I have found online says it's more a problem if it was something violent/sexual/crime against a child etc etc but I'm not sure. I have tried contacting a few immigration attorneys but of course they want $500 just to review his crimes and wouldnt say anything else

If someone is able to shed some light it would be greatly appreciated. Is it worth going to an attorney because of his criminal record? Thanks in advance for any advice - I am making myself paranoid with worry so just want to prepare myself :(

also just something quickly - the 'having met within the last two years' mean that you have had to have known them for a minimum of two years? As when we apply we would have only known eachother for a month and a half (have met plenty of times in person)

Thanks again and really sorry for the long post everyone

I'm not sure about the criminal aspect, they are mainly concerned about crimes of 'moral turpitude'.

With regard to 'having met in the last two years', it is just that, your relationship doesn't have to have spanned that long. The fact you've met is what they want, also keep copies of your boarding cards

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Hi everyone - first of I would ask for no judgment to be passed on my partner as I am after advice only

I have pretty much asked this question before but am still a bit confused about the effects if the petitioner for a k1 visa has a criminal record?

I have tried using the search function on this website for other similar posts but really only came across posts about the fiance having the record not the petitioner. I have been researching for a while (both my fiance and I wont to be fully prepared and ready when we send out application later this year) but still am a bit confused

my bf finished a 7 year prison sentence late last year for possesion of a weapon prior to that when he was younger he had a few minor charges for drugs (not selling or distribution just a small amount on himself 'for personal use'). I myself have no criminal record whatsoever

Will this be a problem for our petition? Info I have found online says it's more a problem if it was something violent/sexual/crime against a child etc etc but I'm still well probably paranoid that our application will be denied because of his record. I have tried contacting a few immigration attorneys but of course they want $500 just to review his crimes and wouldnt say anything else

If someone is able to shed some light it would be greatly appreciated. Is it worth going to an attorney because of his criminal record? Thanks in advance for any advice - I am making myself paranoid with worry so just want to prepare myself :(

also just something quickly - the 'having met within the last two years' mean that you have had to have known them for a minimum of two years? As when we apply we would have only known eachother for a month and a half (have met plenty of times in person)

Thanks again and really sorry for the long post everyone

Hey Shaunna!

I'm going to reply to one of your questions. I'm pretty sure I know the others, but I rather that someone with more experience gets the ones related to the criminal records.

The "Having Met" requisite is like this: You have to have been together, face to face, in the same time and space, at least once, in the past two years. You don't have to have a 2 year relationship. For example, if you had met him face to face yesterday, for the first time, you would be complying with the mandatory requisite. You just have to be able to prove this with passport stamps, and other things that you can find on the guides.

Celeste

Edited by Celeste & C

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also just something quickly - the 'having met within the last two years' mean that you have had to have known them for a minimum of two years? As when we apply we would have only known eachother for a month and a half (have met plenty of times in person)

Thanks again and really sorry for the long post everyone

I'm sure someone more knowledgeable, or perhaps someone in the Australia forum, will comment on your first question regarding the beneficiary's criminal record and its impact at the interview.

On your second question, the requirement isn't that you have to know one another for two years. It's that you've met within the two years prior to submitting the petition and supporting materials. There are many of us who have known our future spouses for less than two years.


Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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Thanks everyone for the responses in regards to the two years... we have plenty of evidence (photos passport stamps credit card receipts for hotels etc.. Im going back end of June for 5 weeks as well for Independance Day and my birthday) so I wasnt too worried about that but glad to have the confusion cleared up. Hope someone is able to help with the criminal record part, wasn't sure whether I should have posted this in the Australian forum or the k1 visa

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Thanks everyone for the responses in regards to the two years... we have plenty of evidence (photos passport stamps credit card receipts for hotels etc.. Im going back end of June for 5 weeks as well for Independance Day and my birthday) so I wasnt too worried about that but glad to have the confusion cleared up. Hope someone is able to help with the criminal record part, wasn't sure whether I should have posted this in the Australian forum or the k1 visa

Since it's the beneficiary and the police certificate is something needed for the interview, not for the initial petition, you will likely have better luck inquiring in the Australia forum on the interview process. Good luck!


Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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I'm sure someone more knowledgeable, or perhaps someone in the Australia forum, will comment on your first question regarding the beneficiary's criminal record and its impact at the interview.

On your second question, the requirement isn't that you have to know one another for two years. It's that you've met within the two years prior to submitting the petition and supporting materials. There are many of us who have known our future spouses for less than two years.

Petitioner has the criminal record.

Correct Shaunna?


California Service Centre

17 May 12: I-129f sent

23 May 12: NOA1

20 Aug 12: NOA2 (89 days)

20 Nov 12: Interview in Sydney

29 Nov 12: Visa Issued

05 Dec 12: POE Honolulu

20 Dec 12: Wedding day

AOS

26 Feb 13: AOS (I-485, I-131, I-765) sent

06 Mar 13: NOA1's received

03 Apr 13: Biometrics completed

12 Sept 13: Interview - Memphis, approved!

Sept 13: Greencard received.

ROC

31 Jul 15: ROC (I-751) sent

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That's correct - the criminal record is my fiance's (the petitioner) I myself (from Australia) have no criminal record whatsoever

thats what I read, but I just wanted to clarify as I think Leftcoastlady misread your first post.

I was curious too, its Friday night and I've not much better to do right now. :)

I found this thread that may be of help. I didn't search too much further as your fiances charge is a little more serious. It may pay to search further. I just plugged in 'Criminal Record Petitioner'

Heres a couple more threads:

one

two

Edited by SweetDelish

California Service Centre

17 May 12: I-129f sent

23 May 12: NOA1

20 Aug 12: NOA2 (89 days)

20 Nov 12: Interview in Sydney

29 Nov 12: Visa Issued

05 Dec 12: POE Honolulu

20 Dec 12: Wedding day

AOS

26 Feb 13: AOS (I-485, I-131, I-765) sent

06 Mar 13: NOA1's received

03 Apr 13: Biometrics completed

12 Sept 13: Interview - Memphis, approved!

Sept 13: Greencard received.

ROC

31 Jul 15: ROC (I-751) sent

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That's correct - the criminal record is my fiance's (the petitioner) I myself (from Australia) have no criminal record whatsoever

Oops! Sorry for the mis-read. :blush:


Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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That's okay :) I'm just really glad to have found this website - there's so much information here (we already have all the example forms and useful threads printed out and placed in a folder - so yes we are over preparing LOL) it's just this one thing that is bothering us :( even finding other threads because the crimes arent similar it's still leaving me wondering even though they all seem to say it's fine because it's not violent etc

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That's okay :) I'm just really glad to have found this website - there's so much information here (we already have all the example forms and useful threads printed out and placed in a folder - so yes we are over preparing LOL) it's just this one thing that is bothering us :( even finding other threads because the crimes arent similar it's still leaving me wondering even though they all seem to say it's fine because it's not violent etc

I was just reading the I-129F instructions to help someone else, and I think we may have the answer to the criminal records there http://www.uscis.gov/files/form/i-129finstr.pdf

Go to number 7 on the list: What documents do you need to comply with IMBRA... You may need a waiver. And this part of the forum, will be the right place to ask http://www.visajourney.com/forums/forum/126-imbra-special-topics/

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Sorry for the dumb question but I am a bit confused as to why I need a waiver when it's my fiance (the petitioner/USC) that has the criminal record not me (the beneficiary/australian)

I think the best replies for your posts is at the IMBRA part of the forum. They will have the most accurate information to give.

I might be missing something.. that's why I didn't really want to address it to begin with, but I'm pretty sure that's what he'll need being the USC and petitioner IF the crime he was convicted for falls into the category they describe..

You can copy your post in the section I linked before or you can report this message (little button at the bottom cornet of your original message) and ask a moderator to move it there.

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Sorry for the dumb question but I am a bit confused as to why I need a waiver when it's my fiance (the petitioner/USC) that has the criminal record not me (the beneficiary/australian)

You don't need. He may need. However, It seems weapons possesion is not a crime listed in the 129f instructions. They will see it on his criminal record anyway, so I dont believe anything needs to be sent.

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