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Criminal background disclosure with case expunged for K-1 Visa

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I have committed a burglary crime when I was in my 20s and my case was eventually expunged. I have never committed any violent, sexuaI abuse, drug, or human trafficking crime whatsoever! I tried to obtained my criminal and arrest records, but was unsuccessful due to my records being expunged. I do have the letter of my record being expunged, but I need to find it. Meanwhile, how do I go about finding such records without a case number? Will this have a negative impact on my K-1 Visa petition? I do honestly love my fiancee and I do want her to come and live with me, which she is very much want the same. However, I am very much concerned with my prior indiscretion will have a negative impact on my case. Since then I have remain a good citizen and I have had no criminal record(s) since my last one was expunged. Any thoughts?

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I have committed a burglary crime when I was in my 20s and my case was eventually expunged. I have never committed any violent, sexuaI abuse, drug, or human trafficking crime whatsoever! I tried to obtained my criminal and arrest records, but was unsuccessful due to my records being expunged. I do have the letter of my record being expunged, but I need to find it. Meanwhile, how do I go about finding such records without a case number? Will this have a negative impact on my K-1 Visa petition? I do honestly love my fiancee and I do want her to come and live with me, which she is very much want the same. However, I am very much concerned with my prior indiscretion will have a negative impact on my case. Since then I have remain a good citizen and I have had no criminal record(s) since my last one was expunged. Any thoughts?

Are you the US Citizen?

If so, that will have no real bearing on your K-1 process. They're only really going to be looking at his the immigrating party has committed crimes.


November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

6gai.jpg

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Burglary will not have an impact on the visa process. And as far as I know, since your crimes don't fall under IMBRA you don't need to provide court or arrest records. Just make sure your fiance is aware of the situation, in the unlikely event that the question arise at the interview.


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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The only impact that this will have is that it will slow down your security check. While it was expunged, it will show up in the FBI and DOJ checks as a positive result. Once that occurs, I think USCIS will be forwarded your "record" for review. Obtaining the "record" is what will add time to your process. That is really the only impact is added time for your result to come back.

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Thank you all for the replies, and I really appreciate all of those who help me with my questions! To answer some of your questions: I am a U.S. citizen since 1975, and I was automatically became a U.S. citizen when my parents was sworn in (I was eight at the time). I did some research on my own as well and I have came to the same conclusion as some of the replies here and that is my felony conviction has no bearing on IMBRA, but more of a moral turpitude. I was young in my twenties at the time and I had a temper. My employer at the time did not treat me right, and so out of my anger I tried to steal a laptop, which I ended up getting caught. Well the old saying, "...an ounce of prevention is worth a pound of cure!" applies here! Because the nature of my crime, I was pardon and my records was expunged. Lucky me, I was able to get a well paying job at a public community college, which as you all know is next to impossible for anyone to get a job with a criminal record to begin with!

So despite the fact that I don't have to disclosed my criminal record, because it does not fall under IMBRA's jurisdiction, I will, however mention it in my letter of intent to marriage. My father who is one of the rare breed of honest lawyers have taught me that "...honesty is always the best policy!" It is better to disclose everything rather than trying to explain it all because of failure to disclose. Plus it brings more credibility to the petitioner. I think one of the factors here is that immigration wants to know that the marriage is out of love and caring for one another, and not just economic gain, that is, it is of true intention. Yes my disclosure will delay my petition, but my financee is worth the wait!

Once again, thank you all for your replies to my question! You guys really help me a lot, and I'm sure I will have many questions to come but his was the most important one.

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