Petitioner Criminal Records and K-1 visa Procedure

[adisabeba33 0]

Hello everyone! According to my case situation, I found out some unkown steps and quistions about Criminal Records and K-1 visa petition. Maybe somebody had already experienced such things and can give suggestions on it.

Situation is that I have criminal record for marijuana posetion in 2008. At that time I still had Green Card. April 2013 I got my citizenship and couple weeks later I got into a trouble in different state. I was arrested and my case is still not done. In the worst scene I am looking for a misdemeanor for the Theft from a motovehicle and get on probation in PA or in good scene I will dismiss it. Depends on how good lawer be on the last court day. I filed my petition for Fiancee and on a form I-129F they are asking if I was convicted of one of those convictions which they listed on the form. And none of them looks like it is my case. BUT my courts still pending and I am still not convicted in anything. The only thing is that that arrest might be shown somewhere in the national criminal backgroud check. I am not sure How it works. If somebody have an idea about it, post replies on this topics. Thank you everyone.

[madtownguy 164]

I wouldn't hold your breathe... The basic facts don't sound too good. Maybe you will get lucky and they won't pay attention. The US government doesn't often award people for getting into trouble.

[Hank_ 9,173]

Hello everyone! According to my case situation, I found out some unkown steps and quistions about Criminal Records and K-1 visa petition. Maybe somebody had already experienced such things and can give suggestions on it.

Situation is that I have criminal record for marijuana posetion in 2008. At that time I still had Green Card. April 2013 I got my citizenship and couple weeks later I got into a trouble in different state. I was arrested and my case is still not done. In the worst scene I am looking for a misdemeanor for the Theft from a motovehicle and get on probation in PA or in good scene I will dismiss it. Depends on how good lawer be on the last court day. I filed my petition for Fiancee and on a form I-129F they are asking if I was convicted of one of those convictions which they listed on the form. And none of them looks like it is my case. BUT my courts still pending and I am still not convicted in anything. The only thing is that that arrest might be shown somewhere in the national criminal backgroud check. I am not sure How it works. If somebody have an idea about it, post replies on this topics. Thank you everyone.

Rule # 1.... DON'T LIE during any part of this process. If you need to attach a letter explaining your situation do so.

[adisabeba33 0]

Rule # 1.... DON'T LIE during any part of this process. If you need to attach a letter explaining your situation do so.

But I didn't lie. On the form I-129f they ask have you ever been convicted in one of the following convictions. And they list all of them. But None of them is related to my case. So what should I do in this case?

[Hank_ 9,173]

... not mentioning something that is pending... well...

[adisabeba33 0]

Everyone accused of a crime is legally presumed to be innocent until they are convicted, either by being proved guilty at a trial or by pleading guilty before trial. This means that it is the prosecutor who has to convince the jury that the defendant is guilty and must provide proof of guilt beyond a reasonable doubt. The defendant has the right to remain silent and that silence cannot be used against him or her.

I think I found answer to my question)))

[adisabeba33 0]

... not mentioning something that is pending... well...

They never ask to mention anything like that in any form. they only ask convictions from the list they provide in the form. If they asked to mention that anywhere I would have mention. There is no sence to hide anything with USA social system. everything goes on your SS#!

[lbnfetah 0]

hello everyone, I am new here can you please show me how can I post my topic, I can't find it! thank you.

[stevie b 141]

They never ask to mention anything like that in any form. they only ask convictions from the list they provide in the form. If they asked to mention that anywhere I would have mention. There is no sence to hide anything with USA social system. everything goes on your SS#!

yes you are technically correct

what will you do when your pending turns into a conviction whilst your petition is pending?

[adisabeba33 0]

yes you are technically correct

what will you do when your pending turns into a conviction whilst your petition is pending?

Don't know yet. But still this kind of conviction that I might get is not on the list of the instruction for I-129F, where they ask if I am convicted in one of the following.... I found great website www.avvo.com where you can ask lawer a question and I got 3 responses from lawers and all of them said that this is not the type of conviction that might denied my I-129F. They only look for some serious sexual abuse convictions for the application. It would have been different story if my fiancee had any kind of convictions. It is much more difficult this way. I understand that my trouble doesn't make me a good moral history but anyway I hope everything is gonna be fine.

[stevie b 141]

Don't know yet. But still this kind of conviction that I might get is not on the list of the instruction for I-129F, where they ask if I am convicted in one of the following.... I found great website www.avvo.com where you can ask lawer a question and I got 3 responses from lawers and all of them said that this is not the type of conviction that might denied my I-129F. They only look for some serious sexual abuse convictions for the application. It would have been different story if my fiancee had any kind of convictions. It is much more difficult this way. I understand that my trouble doesn't make me a good moral history but anyway I hope everything is gonna be fine.

yip agreed, but would be very careful about what you should and should not disclose .. omitting something necessary is basically not telling the truth

[lost_at_sea 995]

Does AoS require the petitioner and beneficiary to re-affirm they have convictions or not? I'm not familiar with those forms, just a thought...

[adisabeba33 0]

yip agreed, but would be very careful about what you should and should not disclose .. omitting something necessary is basically not telling the truth

Please tell me then What did I omitte by the I-129F filling instructions and requirements?

[stevie b 141]

Please tell me then What did I omitte by the I-129F filling instructions and requirements?

I don't think you are looking at it incorrectly.. nor am I trying to scare you.. I had something similar, but different and ordered my criminal report from the state just in case which came back clear.

Go forward with your filing .. should be ok.. it's just those types of crimes I know can be scrutinized a little differently

[adisabeba33 0]

I don't think you are looking at it incorrectly.. nor am I trying to scare you.. I had something similar, but different and ordered my criminal report from the state just in case which came back clear.

Go forward with your filing .. should be ok.. it's just those types of crimes I know can be scrutinized a little differently

Thanks. I am note sure how to get the criminal record for myself I mean about thefederal one. I did two last year for for the delawer and new york state. which was clean. Maybe you know how to obtain the criminal record the one which uses the uscis?