Fiancé with criminal records = visa rejection?

[VeganMari 12]

Hi!

Me and my fiancé have petitioned for a k1 visa (i29f) so just wanted to know if anyone has had a similar situation to mine and how it went for them.

My fiancé spent a total of 10 months in prison for criminal contempt of court, which is not a violent crime or theft or anything like that at all, he just refused to testify to a grand jury, so in the time we have been in a relationship (about 2 years) he has been in all that process (being on probation and spending 6 months in prison) He is still on a 3 year probation which is why he has never visited me and why I went to visit him to the US.

I assume that in the background check they do they will find all this out, I mean, just googling his name will show anyone this.

I worry that for this reason the I29F will be denied, or that when I go to the interview at the embassy they will ask me why he has never come here and I'll have to tell them and they'll reject the visa.

[Jawaree 718]

If you have met face to face in the last 2 yrs it should be okay, and if he is petitioning you

that crime would not matter (there R some that matters like rape etc)just make sure you have evidences

of on-going relationship , chat logs , Skype, snail mail cards,boarding pass &photos of you two. friends

& family in photos is a plus also seeing each other more than once (that is questionable) good luck on

your journey

[Carie_Azan 35]

Hi!

Me and my fiancé have petitioned for a k1 visa (i29f) so just wanted to know if anyone has had a similar situation to mine and how it went for them.

My fiancé spent a total of 10 months in prison for criminal contempt of court, which is not a violent crime or theft or anything like that at all, he just refused to testify to a grand jury, so in the time we have been in a relationship (about 2 years) he has been in all that process (being on probation and spending 6 months in prison) He is still on a 3 year probation which is why he has never visited me and why I went to visit him to the US.

I assume that in the background check they do they will find all this out, I mean, just googling his name will show anyone this.

I worry that for this reason the I29F will be denied, or that when I go to the interview at the embassy they will ask me why he has never come here and I'll have to tell them and they'll reject the visa.

I agree with the poster above, it does not matter where you met, as long as you have met face to face in the past two years. I also do not think the criminal history will be a huge issue...just be up-front and honest, keep EVERYTHING from his court proceedings just in case too. Good Luck!

[love4life09 15]

Hi!

Me and my fiancé have petitioned for a k1 visa (i29f) so just wanted to know if anyone has had a similar situation to mine and how it went for them.

My fiancé spent a total of 10 months in prison for criminal contempt of court, which is not a violent crime or theft or anything like that at all, he just refused to testify to a grand jury, so in the time we have been in a relationship (about 2 years) he has been in all that process (being on probation and spending 6 months in prison) He is still on a 3 year probation which is why he has never visited me and why I went to visit him to the US.

I assume that in the background check they do they will find all this out, I mean, just googling his name will show anyone this.

I worry that for this reason the I29F will be denied, or that when I go to the interview at the embassy they will ask me why he has never come here and I'll have to tell them and they'll reject the visa.

We had a similar situation. I would not worry about a charge such as the one you have as it does not meet the criteria to fall under IMBRA. As long as you checked NO in the boxes for Part C question 2 you will be fine. If you check any box YES and do not send the police report and court record showing the disposition of the case you will get an RFE. Best of luck !

[jane21 11]

My husband had a CDV and sentenced 4months I hope it won't affect to approve my visa.. But we are married for 2years and 2months now..

[VeganMari 12]

Thanks eveyone! good luck to you all aswell.

[habiclaw 0]

Yeah go ahead and apply but make sure you have few face to face meetings before that.

just online conversations make it look suspicious

best of luck to you and let us know the outcome

[VeganMari 12]

Yeah go ahead and apply but make sure you have few face to face meetings before that.

just online conversations make it look suspicious

best of luck to you and let us know the outcome

We only met once, I was there for almost 2 months. We can't see each other again until I get the visa and go there for money reasons.

If the ask me at the embassy why he has never come here, do I say its because he is on probation or just say he hasnt been able to or what?

[Shiobhan 235]

Just say it, he's on probation and not able to travel, it does not affect you being approved, what will affect you

is if you don't know or pretend not to know he has a record & been incarcarated ...good luck ..try to see if he

can help with ticket so you will visit him

[Kajikit 65]

It sounds like your fiance is the USC. So his criminal record is irrelevant to getting you into the country... there's no law that says that the USC has to be squeaky clean to marry a foreigner, only that YOU have to be spotless.

[visabox 0]

If you were denied a visa because you have a criminal background you may be eligible for a waiver. If you are eligible, you should file Form I-601 Application for Waiver of Grounds of Inadmissibility with the appropriate fee and any additional evidence required to prove you are eligible for the waiver.

Purely political crimes, crimes committed both before you were 18 and over 5 years before you applied for the visa, and single crimes with a maximum penalty of not more than 1 year in jail and for which you were sentenced to less than 6 months in jail should not cause your visa application to be denied.

Finally, if the U.S. citizen or permanent resident spouse, parent or child who is sponsoring your immigrant or K visa application would experience extreme hardship if you were not allowed to enter the U.S. you may be granted a waiver for any of the crimes listed above. If you are a relative of a U.S. citizen, green card holder or immigrant visa holder you must be able to show that the citizen or legal resident would suffer extreme hardship if you could not join him or her.

[I AM NOT THAT GUY 5,715]

Hmmm...Criminal contempt in a grand jury proceeding...that equates to obstruction of justice. The DHS will not look favorably on that. Was this a Federal grand jury by any chance? Depending on the nature of the proceeding, that is to say, what offenses were being considered for possible charges, this may be a legal quagmire. Sorry.

[hmh33 117]

Hmmm...Criminal contempt in a grand jury proceeding...that equates to obstruction of justice. The DHS will not look favorably on that. Was this a Federal grand jury by any chance? Depending on the nature of the proceeding, that is to say, what offenses were being considered for possible charges, this may be a legal quagmire. Sorry.

Do you have anything to back that up? With few exceptions (chiefly IMBRA or previous immigration fraud), the criminal history of the US citizen petitioner is completely irrelevant.

[VeganMari 12]

Here's more info on what it was: He was indicted by a federal grand jury in 09, they were investigating animal rights activities, he refused to testify and was charged with contepmt of court, spent 4 months in jail and then released. He pled guilty to criminal contempt of court in 2010. It's not a felony nor misdemeanor. Then he was sentenced to 10 months in prison, but they counted the 4 he already served. He had to start serving the time earlier because he suposedly violated his terms because of an interview he gave, so he started serving the 6 extra months in Jan 2012 and is now out and on 3 year probation.

[VeganMari 12]

Also, a girl I know of also has a US fiance who spent time in prison, actually around 9 years for arson and they already got their NOA2, we'll see how the interview goes!