Jump to content

experience applying for K-1 Visa w/ petty theft charges?

7 posts in this topic

Recommended Posts

Hi there,

I started my application for the K-1 Visa in late September of last year.

Due to some technological errors (my packet 3 documents not being received) we've been set back a little already, but here is my new dilemma...

Yesterday I was caught shoplifting from a retail store (stupid mistake, don't remind me).

It was my first time ever being in any kind of trouble with the law, but now I have a pending court date scheduled for the 1st of September.

The total amount taken was worth $16, so this will obviously fall into the category of "Theft under 5000" and hopefully reduced to a misdemeanour.

Does anyone have any experience applying for K-1 Visa's with petty theft charges?

I filled out my ds-160 and got my criminal record check done prior to this happening.

Do I need to update anything or will I just be required to present the court documents at my interview?

How long does it generally take to receive all court documents after your court date?

What is the likelihood that an offence like this will cause my case to be denied?

I am tearing myself up over this silly mistake and worrying myself to death that I won't be accepted over a $16 theft.

Any help would be seriously appreciated.

Share this post

Link to post
Share on other sites

*** Thread moved from K-1 Process forum to the Waivers/AP forum -- topic involves this type of matter. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post

Link to post
Share on other sites

Can we assume your future spouse knows about this?

Edit: The reason I ask is that I don't think my relationship with my wife is unique in that we had problems during the run up to immigration that had nothing to do with immigration. In other words, there were things we had to work out and sometimes things got a little ugly. Getting through the immigration process is far less important than doing the serious work of a spousal relationship. Sometimes couples going through immigration lose sight of that.

Edited by Russ&Caro

Marriage: 2014-02-23
CR1 started : 2014-06-06
CR1 completed/POE : 2015-07-13
ROC started : 2017-04-14 - CSC

ROC interview/completed: 2018-08-16 - Albuquerque

N400 started: 2018-04-24

N400 interview: 2018-08-16 - Albuquerque

Oath ceremony: 2018-09-24 - Santa Fe


April 2017 I-751 Filers Spreadsheet


Share this post

Link to post
Share on other sites
I wish to inform you that you can have tourist visa and can go to visit your mother. In this regard there is petty crime exception in case of criminal offences involving moral turpitude offence. In your case as your offence was a petty theft therefore if in your case if maximum sentence was less then one year and if sentence was less then 6 months then waiver can be taken.

Inadmissibility Issues

The Immigration and Nationality Act, Section 212, lists several grounds on which the defendant can be found inadmissible. These rules can make it difficult to apply for entry into the United States, change or extend one’s nonimmigrant status or apply for citizenship. To obtain any benefits, one must be considered admissible.

Criminal grounds are one of the aspects covered by Section 212. The most general ground says that individuals admitting to or convicted of crimes that involve moral turpitude are considered inadmissible. It’s not clear what these crimes may be because each judge may have a different view on moral turpitude, and the definition has changed as laws have evolved. The unfortunate problem is that theft is often considered a problem of moral turpitude in most countries, which means that even a small theft can make one inadmissible.

I don't think they will refuse you outright but you just complicated your life quite a bit.

Edited by neoblast

K1 Visa Journey

Event Date
Service Center: Vermont Service Center
Consulate: Montreal, Canada
I-129F Sent: 2012-12-27
I-129F NOA1: 2013-01-17
I-129F RFE(s): 2013-05-31
RFE Reply(s): 2013-06-04
I-129F NOA2: 2013-12-19

Consulate Received: 2014-04-17
Packet 3 Received: 2014-06-13
Packet 3 Sent: 2014-06-17
Packet 4 Received: 2014-08-27
Interview Date: 2014-10-24

Interview Result: Administrative Review
Second Interview
(If Required): No
Approved: 2014-07-17
Visa in hand: 2014-07-21

Adjustment of Status

Event Date
CIS Office: Chicago Lockbox/Tampa FL
Date Filed: 2015-12-07
NOA Date: 2015-12-16
NOA Hardcopy: 2015-12-21
Bio. Appt.:
AOS Transfer**:
Interview Date:
Approval / Denial Date:
Got I551 Stamp:
Green card Received:
Comments: Angry white men be like


Share this post

Link to post
Share on other sites
On 7/27/2015 at 1:38 PM, Kaebrace said:

The total amount taken was worth $16, so this will obviously fall into the category of "Theft under 5000" and hopefully reduced to a misdemeanour.

It already is a misdemeanor.


On 7/27/2015 at 1:38 PM, Kaebrace said:

Do I need to update anything or will I just be required to present the court documents at my interview?

You don't need to update anything, but yes you will need to present court-certified documents at the interview.


On 7/27/2015 at 1:38 PM, Kaebrace said:

How long does it generally take to receive all court documents after your court date?

Most often, you can request then the same day from the court clerk.  Get more than one certified copy---you will need to submit them again when doing the AOS, ROC and N400 stages (if you wish to become a citizen).

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here


Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.


Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.