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Posted

I got an RFE for not having all pages of the divorce decree's. The top copies showed that it had been filed, and the date etc., but they wanted the judges signature's. I got approved a week after they received my reply of the RFE. As long as you are legal to marry, and have not been in trouble with the law, don't worry. I worried too, but turned out to not be a big thing. I prayed too, that helps. smile.png

my fiance (petitioner) has a criminal record..is it the reason why until now our application is still pending for 10 months?

Filed: K-1 Visa Country: Brazil
Timeline
Posted

my fiance (petitioner) has a criminal record..is it the reason why until now our application is still pending for 10 months?

What kinds of Crimes are we talking about?

A previous criminal record may affect the ability of a fiance or spouse to immigrate to the US. The law has

specific guidelines in it that may exclude some foreign fiances or spouses from entry into the US, if their crimes

are of a certain type. The most common type of excludable crime is one of "moral turpitude." However, there

are several other factors to be considered, and every case is slightly different.

A criminal record's impact on immigration, in general, depends on several things:

ball.gif the type of the crime: crimes of "moral turpitude" are more serious in nature and may cause exclusion

from immigration to the US. ball.gif the age the person was when the crime was committed: in general, crimes committed before age 18

are not considered as serious, and under the age of 15 even less serious, however two moral turpitude

crimes under the age of 18 may still cause exclusion. ball.gif the length of the sentence that was imposed: a sentence of 6 months or more makes the situation

more complicated. ball.gif the amount of time since the crime was committed: over five years prior to immigration helps to

some extent. ball.gif crimes involving controlled substance violations, even marijuana, are viewed very seriously,

especially if the conviction was for drug trafficking.

Here are some links that are most definitely recommended reading:

ball.gifhttp://travel.state.gov/visa;ineligible.html ball.gifhttp://www.americanlaw.com/exclude3.html ball.gifhttp://www.criminalandimmigrationlaw.com/cmt/cmt.html

Good Luck!! :)

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Posted

What kinds of Crimes are we talking about?

A previous criminal record may affect the ability of a fiance or spouse to immigrate to the US. The law has

specific guidelines in it that may exclude some foreign fiances or spouses from entry into the US, if their crimes

are of a certain type. The most common type of excludable crime is one of "moral turpitude." However, there

are several other factors to be considered, and every case is slightly different.

A criminal record's impact on immigration, in general, depends on several things:

ball.gif the type of the crime: crimes of "moral turpitude" are more serious in nature and may cause exclusion

from immigration to the US. ball.gif the age the person was when the crime was committed: in general, crimes committed before age 18

are not considered as serious, and under the age of 15 even less serious, however two moral turpitude

crimes under the age of 18 may still cause exclusion. ball.gif the length of the sentence that was imposed: a sentence of 6 months or more makes the situation

more complicated. ball.gif the amount of time since the crime was committed: over five years prior to immigration helps to

some extent. ball.gif crimes involving controlled substance violations, even marijuana, are viewed very seriously,

especially if the conviction was for drug trafficking.

Here are some links that are most definitely recommended reading:

ball.gifhttp://travel.state.gov/visa;ineligible.html ball.gifhttp://www.americanlaw.com/exclude3.html ball.gifhttp://www.criminalandimmigrationlaw.com/cmt/cmt.html

Good Luck!! smile.png

thank u for your reply...no it's not about me as the foreign fiancee...it's my petitioner who has a criminal record long time ago

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

i got an email on may 4, that an rfe was coming to me and then today i just got another notice that an additional rfe is coming to me also. i can t think of what they could be requesting but honestly, i am glad to get some notification from them so hopefully the wait wont be much longer.




 


 

Filed: K-1 Visa Country: Brazil
Timeline
Posted

i got an email on may 4, that an rfe was coming to me and then today i just got another notice that an additional rfe is coming to me also. i can t think of what they could be requesting but honestly, i am glad to get some notification from them so hopefully the wait wont be much longer.

Don't worry, is most likely the same RFE. I also received two RFE notices. They told me it was mailed to me on thursday, then the following monday they told me I was having a RFE sent to me...The basically lie to you saying it was sent, on the first notification, when proper wording would just be to say that you are being notified that you will get an RFE. Too much typing for them, I guess. :)

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

Don't worry, is most likely the same RFE. I also received two RFE notices. They told me it was mailed to me on thursday, then the following monday they told me I was having a RFE sent to me...The basically lie to you saying it was sent, on the first notification, when proper wording would just be to say that you are being notified that you will get an RFE. Too much typing for them, I guess. smile.png

thanks!! i hope so, i am trying not to go crazy waiting. i know this is hard for everyone and i wish everyone the best in these situations. me and husband say that being apart for so long really tests our relationship and willingness to make it work. honestly, we were great before but this whole journey of being separated in this process has made us so much stronger as a couple. i dont wish this on anyone but in the end, i feel like we treasure each moment of time we are together a lot more because of having to be apart for so long.




 


 

Filed: K-1 Visa Country: Brazil
Timeline
Posted

thank u for your reply...no it's not about me as the foreign fiancee...it's my petitioner who has a criminal record long time ago

Ahh, ok. Sorry about that. The thing they frown on the most in this situation would probably be drug charges and smuggling illegal immigrants. You would think felony drug possession would be red flag out of fear of drug trafficking.

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