Police Certificate for K-1

[Sneza&David 0]

My girl, Sneza, and I are about to begin the long process of the K-1 application. But when I mentioned the Police Certificate as one of the requirements, she said we might have a problem. She admitted that she has a conviction for theft on her record, and that she served five days in jail for this. She swears, this is the only thing on her record.

She was immediately convinced that she was never going to get a K-1; she didn't talk to me for three days.

However, I am certain, that not all get denied for a misdemeanor in their youth (this was about six years ago). I am trying to assure her, that it will be ok if we provide all the court documentation. But in all honesty, I have no idea! Maybe she is right, and this is an automatic denial. We haven't yet filed the I-129F, which takes 5 months.

My question is: Will we be wasting our time if we try to proceed? Will she just get denied at the end interview for spending 5 days in jail? I hope someone can tell me, so we don't waste money and time. Thanks in advance. (I am a newbie, but I did look around on the boards before posting this)

[del-2-5-2014 1,340]

I salute Sneza for her upfront honesty, she's a keeper.

[JimVaPhuong 4,865]

Theft is a crime involving moral turpitude. It can result in an automatic denial, but that doesn't necessarily mean that it will. There are exceptions when the inadmissibility doesn't apply:

1. If there was only one crime, and if it was committed before the alien was 18 years of age, and if it's been more than five years between the time the crime was committed and the time the alien applies for the visa, or

2. If there was only one crime, and the maximum possible penalty for the crime was 1 year in prison or less, and if the alien was sentenced to six months in prison or less.

Note that these are exception conditions and not waiver conditions. This means that if the alien meets the conditions for the exception then the alien is not inadmissible. They don't have to apply for a waiver.

Your fiancee will need the complete court records to present at her interview, in addition to the police certificate.

[Sneza&David 0]

I salute Sneza for her upfront honesty, she's a keeper.

Thanks, Gowon. Yes, she is a "keeper" ... so much so, that she is surprised that I still want her after this revelation. The question remains, however, will our K-1 application be doomed?

[VanessaTony 3,567]

See here: http://www.ilrc.org/files/documents/7._crimes_involving_moral_turpitude_1.12.pdf bottom of page 6. I believe this would fall under the "petty offence exception" so yes I would apply and yes I think she'll be fine (based on what you've told us).

Edited July 24, 2012 by Vanessa&Tony

[Sneza&David 0]

Theft is a crime involving moral turpitude. It can result in an automatic denial, but that doesn't necessarily mean that it will. There are exceptions when the inadmissibility doesn't apply:

1. If there was only one crime, and if it was committed before the alien was 18 years of age, and if it's been more than five years between the time the crime was committed and the time the alien applies for the visa, or

2. If there was only one crime, and the maximum possible penalty for the crime was 1 year in prison or less, and if the alien was sentenced to six months in prison or less.

Note that these are exception conditions and not waiver conditions. This means that if the alien meets the conditions for the exception then the alien is not inadmissible. They don't have to apply for a waiver.

Your fiancee will need the complete court records to present at her interview, in addition to the police certificate.

Thank you, JimVaPhuong. It seems we are in a grey area. 1) She was over 18, but it was more than five years ago. 2) It was only one crime ... she served 5 days in jail, but I don't know what the maximum could have been.

[Sneza&David 0]

See here: http://www.ilrc.org/files/documents/7._crimes_involving_moral_turpitude_1.12.pdf bottom of page 6. I believe this would fall under the "petty offence exception" so yes I would apply and yes I think she'll be fine (based on what you've told us).

Yes, thanks, Vanessa&Tony. I have told you what I know, but she has yet to provide the details. She was convinced it was a dead-end. I had to guess my way to the offense. (I started with murder and worked my way down, until she said yes.)

But I have to get more details on this store theft. I think it will be ok, if it was shop-lifting. However, if she was an accessory to an armed robbery, that is going to be a problem. The shame of this episode in her life is great, but she will need to give me the details, so we don't further torture ourselves with our separation. Thanks, for the helpful link.

[Lalo & Susana 50]

Yes, thanks, Vanessa&Tony. I have told you what I know, but she has yet to provide the details. She was convinced it was a dead-end. I had to guess my way to the offense. (I started with murder and worked my way down, until she said yes.)

But I have to get more details on this store theft. I think it will be ok, if it was shop-lifting. However, if she was an accessory to an armed robbery, that is going to be a problem. The shame of this episode in her life is great, but she will need to give me the details, so we don't further torture ourselves with our separation. Thanks, for the helpful link.

Personally I would ask her to get a record of the report and tell you what exactly she was charged for. I am not sure how they do it in the Ukraine but sometimes if you plead guilty they bring your charges down. I think since she only spent 5 days in jail it couldn't have been anything too serious. For your sake I am hoping it was simple shoplifting. After you find out exactly what she was charged with I would personally email the US embassy in Ukraine and ask them about it. But before that ask how the US embassy in Ukraine is the US embassy is Chile is very nice and has answered all of my questions and I've had several. If the US embassy in Ukraine isn't the nicest I wouldn't email them instead maybe look online and see if she falls under the waivers.

Also I agree honestly is key to a long and happy relationship. Good luck.