Moral Turpitude, K-1 Fiance Visa and future plans?

[MrMark 0]

Hello, I'm new to the forum so hi.

I've been reading up so much information as of late as me and my engaged U.S girlfriend are looking into the K-1 route for me to go there and then stay.

Her mother earns 52k a year and has offered to sponsor us in Tampa Florida throughout the process and then I am to eventually get a job there.

I have a very big worry with this as I do suffer from anxiety and get DLA for it, though that's not really the issue.... I have a police caution for holding a wooden samurai sword (Yes I know it was silly) while telling somebody to (profanity) off from outside my doorstep. I never attacked the person or even approached. I simply held the wooden sword and remained idle. However, the police record I got the day I was arrested (which was for only like 2 hours while they sorted the paperwork, no court or anything. Just fingerprints, basic procedure.) says that it's for possession of a weapon, namely a wooden samurai sword, and harrasment towards (name of person who was causing us greif.) I believe that, since it was all in one time, it was a single caution for both of these offences. I've looked into the k-1 visa and is it true that they only reject the k-1 on grounds of it being based around Moral Turpitude? If so, is my crime considered such? Apparently it would be if I actually used it and harrasment isn't even considered a CIMT as I believe it is called. I know there's something called the Petty Crime exmeption, and since it was literally a 2-3 hour arrest with no further action required, I could apply for the petty exemption if they should see my above problem as a CIMT.

Is this correct? I'm worrying over this greatly...

Edited March 13, 2014 by MrMark

[relativeways 27]

Were you ever convicted of the crime, or were you left off with a warning? Because you can be arrested but not convicted. And I believe that the forms will phrase it as "were you ever convicted of a felony?"

In any case, I would check 'no' since you weren't convicted. But I would also collect ALL information that you have had on this case and keep it in case it gets brought up during your interview. Also - is this something that would come up during your police clearance check?

[canadian_wife 1,823]

Since you were arrested, what was the actual charge?

good luck

[MrMark 0]

The charge was listed on the paper they gave me afterwards as harrasment and inpossession of a weapon on public grounds, namely a wooden samurai sword. It was not a conviction. Only a caution as it was my first offense in my entire life.

I'm really worried...

[broe 4]

How long ago was the arrest? I had been arrested and bailed many years ago and the charges were dropped, while unlike yourself I wasn't cautioned it still played on my mind. I figured the best thing to do was declare it on my police certificate application and see what came back and take it from there, as it was it came back all clear. I also mentioned it on my ds-160 as I figured there was no point in lying about anything.

I think if your police cert comes back with anything on it then you need to provide more information (probably from the police force that arrested you) regarding the incident.

As it was just a caution, and a single incident I don't think it is too much to worry about. If you'd actually assaulted someone or it was a string of harassment charges then I could see it becoming an issue.

I'd personally apply for the police certificate now, it doesn't take long to get back and see what that says. Then take it from there. Try not to worry too much, easier said than done I know (im having fun compiling all my documents for my interview next week).

I'm sure theres others on here with similar situations who could help you more.

good luck!

[MrMark 0]

How long ago was the arrest? I had been arrested and bailed many years ago and the charges were dropped, while unlike yourself I wasn't cautioned it still played on my mind. I figured the best thing to do was declare it on my police certificate application and see what came back and take it from there, as it was it came back all clear. I also mentioned it on my ds-160 as I figured there was no point in lying about anything.

I think if your police cert comes back with anything on it then you need to provide more information (probably from the police force that arrested you) regarding the incident.

As it was just a caution, and a single incident I don't think it is too much to worry about. If you'd actually assaulted someone or it was a string of harassment charges then I could see it becoming an issue.

I'd personally apply for the police certificate now, it doesn't take long to get back and see what that says. Then take it from there. Try not to worry too much, easier said than done I know (im having fun compiling all my documents for my interview next week).

I'm sure theres others on here with similar situations who could help you more.

good luck!

You have an interview next week!? That is amazing... I wish you every bit of luck!

The arrest was about 6 months ago and the Police were very happy with me in terms of not being violent, that they actually kept the cage in the van open as we drove to the station, and as stated, I was only there for an hour or two while they took fingerprints and filed the report. If the police certificate does come back with anything, I can easily get the station to give me a good report I believe stating that the weapon was not used, it was a simple caution and I wasn't even there a day. This would all suffice, right? I mean, if it falls under the catagory CIMT of intent to harm, then I could use the petty exception route?

Thanks so much