Hope I'm in the right section to ask about K1 and my criminal background

[Praying4K1 14]

Hello everyone! I've prepared my K1 book to have my fiance join me here in the United states. The problem is I have 3 criminal convictions. Assault With a Weapon, Sales of a controlled substance and possession of a firearm. My last conviction was 2005. So 11 years ago. I did prison time on all 3 convictions. I've answered the questions on the K1 truthfully which is "no" in all the boxes that ask about any crimes I may have been convicted of. But some people believe I still have to include my rap sheet with the k1 application. Is this true? Even though the application does not request it? I was just wondering because I did do the live scan and send off for my rap sheet. But the fbi says it takes about 8 weeks to process. I would really like to just send my book in now instead of waiting 2 more months. If anyone has experience here with this I would be grateful for your input. Thanks!

[Anh map 2,098]

The background check will reveal all. Be sure that your finace(e) knows about the things on your record as it is likely that it will come up in the interview. Not disclosing things like this to each other can cause problems at the interview.

[baron555 934]

The background check will reveal all. Be sure that your finace(e) knows about the things on your record as it is likely that it will come up in the interview. Not disclosing things like this to each other can cause problems at the interview.

Correct. Ensure your fiance knows everything.

[Praying4K1 14]

I know that part. She is aware of everything in my life since I was a child. The question is... Do I need to send my criminal record with the k1 application to texas?

[bigjailerman 318]

Anything that is a conviction is fair game. I would get the printout and be ready to provide it with a RFE if you are approved. Personally I would wait and provide all the info with the application and any information that may be required. They will find out anyway, it would be way better to field it yourself on your own terms in my opinion,

[LionessDeon 2,060]

I know that part. She is aware of everything in my life since I was a child. The question is... Do I need to send my criminal record with the k1 application to texas?

No

[Praying4K1 14]

No

Thank you!!!

[KayDeeCee 4,893]

The answer is no. They are not needed, unless the assault was domestic abuse.

From the I-129F instructions >

3. What Documents Must You Submit to Comply With IMBRA?

a. If you have ever been convicted of any of the following crimes, submit certified copies of all court and police
records showing the charges and dispositions for every conviction. You must do so even if your records were sealed
or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no
longer have a record.

(1) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.
The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or
former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of
the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other
person against an adult or youth victim who is protected from that person's acts under the domestic or family
violence laws of the jurisdiction.

(2) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking,
peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint,
false imprisonment, or an attempt to commit any of these crimes.

(3) Crimes relating to a controlled substance or alcohol on three or more occasions, where such crimes did not arise
from a single act.

NOTE: If your petition is approved, a copy of your petition, including the information you submit regarding your
criminal convictions, will be provided to the Department of State for dissemination to the beneficiary of your
petition under section 833(a)(5)(A)(ii) of IMBRA. In addition, under section 833(a)(5)(A)(iii) of IMBRA, any
criminal background information pertaining to you that USCIS may discover independently in adjudicating this
petition will also be provided to the Department of State for disclosure to the beneficiary of your petition. You
should also note that under section 833(c ) of IMBRA, the name and contact information of any person who was
granted a protection or restraining order against you, or of any victim of a crime of violence perpetrated by you,
will remain confidential. However, your relationship to such person or victim (e.g., spouse, parent, former spouse)
will be disclosed.

~Moved from K-1 Process to IMBRA Special Topics ~

[kjem 11]

I think one for the most confused question on the I-129 the one above post. I agree that you should only answer the question that is asked. The questions are specific and direct as to the types of crimes they are interested in knowing about. As said before, do get a copy of your records just in case an RFE is sent to you. Good and keep hope alive.

[KayDeeCee 4,893]

It shouldn't be that confusing. The crimes are specific because the only reason you need to provide court records is to satisfy the IMBRA law. A USC is not ineligible to file a petition just because they have a criminal background, or even if currently in prison. The IMBRA law is all about the protection of the foreign fiance(e), which is why the USC needs to provide their records if they were ever convicted of those specific crimes listed in the IMBRA law/form instructions, and they must disclose those crimes to their fiance(e) as well.