Jump to content
Sign in to follow this  
jstryker

K1 Fiance Visa petitioner's (USC) criminal record

10 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Philippines
Timeline

I am the USC (the petitioner) - and I have a slight criminal record which is not recent. 11 - 16 years old.

1) My first offense was in 2000 for Misdemeanor assault. It was DOMESTIC RELATED but due to lack of evidence and other circumstances - we decided to plea down. No domestic violence program was assigned - only a anger management program. There was a red dot on the inside of the wifes arm while arguing and since she called multiple times - they used that as the evidence that something must have happend. Fact is - its there on my record. Misdemeanor assault but NOT the domestic violence variety wjhich would have included lifetime firearm ban.

2) My second offense was in 2004 for possession of fake id's - someone printed a stack of fake ids on sheets of paper and I got busted with them in my car.

3) My third offense was in 2005 for a possession/under the influence of a controlled substance. GUILTY as charged.

According to my understanding of the rules - AS THE PETITIONER - I am only required to disclose #1 and #3 (IF THREE OCCURANCES) when filling out the 129F form. My fiance in the Philippines (BENEFICIARY) has absolutely no criminal record at all.

So if I disclose #1 and #3 and dont mention #2 at all - does anyone think that will be ok? I really dont want to talk about fake id's while petitioning for my fiance. AWKWARD isnt the word.

In reality - I shouldnt have to disclose #3 because it was only ONE OCCURANCE - therefore - I think I am good with only mentioning crime #1.

Correct? Please advise.


K1 VISA
10/23/16....I-129F FEDEX 2nd day to Lewisville, TX
10/26/16....Delivered at Lewisville, TX

10/28/16....NOA1 Text and Email

10/28/16....NOA1 Date on Hard Copy Notice
11/04/16....NOA1 Hard Copy Received

w..a...i...t...i...n...g........ :clock:

11/22/16....NOA2 Text Only

11/22/16....NOA2 Approval Date - no email yet
11/28/16....NOA2 Hard Copy Received

w..a..i...t...i...n...g........ :clock:

12/06/16....Called NVC - No case yet (15 days after NOA2)

12/12/16....Called NVC - I-129F Received - no case number yet.

12/13/16....Case Number Received

12/15/16....Case status set as "In Transit"  to US Embassy in Manilla, PH

12/19/16....Embassy Received. Case status set as "Ready"

12/19/16....Emailed NVC asking for case information as it was never received (I know its too early - Just Do It Anyway)

w..a..i...t...i...n...g........ :clock:

xx/xx/xx......Never Received NVC letter hard copy from NVC (STILL MISSING GRRRRR)

01/03/17....NVC replied to email providing NVC letter and info

01/04/17....Medical Completed

01/04/17....Fedex I-134 (wet signature) and all documents needed from petitioner for CFO and for the USEM interview (employment, divorce decree, etc...)
02/08/17....Interview 
02/09/17....Visa Issued

02/15/17....Visa In Hand :jest:

02/17/17....CFO Interview, Yellow sticker in hand

03/07/17....POE - San Francisco, CA

Share this post


Link to post
Share on other sites

You can't plea guilty to domestic violence there is no such charge but you will have to summit police reports for all arrest


I love my husband ?‍?‍?

Married June 2016

Por siempre y para siempre Mi amor

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Philippines
Timeline

You can't plea guilty to domestic violence there is no such charge but you will have to summit police reports for all arrest

How do you figure there is no such charge?

"California Penal Code Section 273.5(a) PC makes it illegal to injure a spouse, cohabitant or fellow parent in an act of domestic violence. This offense is also referred to as domestic abuse, domestic violence, or corporal injury to a spouse"

I plead guilty to SIMPLE BATTERY (unwanted contact) which dropped all reference to anything domestic related (no lifetime firearm ban, no 52 week DV program, etc) The judge told me this was the same as a simple bar fight. (Not sure why he used that analagy but it is what it is)


K1 VISA
10/23/16....I-129F FEDEX 2nd day to Lewisville, TX
10/26/16....Delivered at Lewisville, TX

10/28/16....NOA1 Text and Email

10/28/16....NOA1 Date on Hard Copy Notice
11/04/16....NOA1 Hard Copy Received

w..a...i...t...i...n...g........ :clock:

11/22/16....NOA2 Text Only

11/22/16....NOA2 Approval Date - no email yet
11/28/16....NOA2 Hard Copy Received

w..a..i...t...i...n...g........ :clock:

12/06/16....Called NVC - No case yet (15 days after NOA2)

12/12/16....Called NVC - I-129F Received - no case number yet.

12/13/16....Case Number Received

12/15/16....Case status set as "In Transit"  to US Embassy in Manilla, PH

12/19/16....Embassy Received. Case status set as "Ready"

12/19/16....Emailed NVC asking for case information as it was never received (I know its too early - Just Do It Anyway)

w..a..i...t...i...n...g........ :clock:

xx/xx/xx......Never Received NVC letter hard copy from NVC (STILL MISSING GRRRRR)

01/03/17....NVC replied to email providing NVC letter and info

01/04/17....Medical Completed

01/04/17....Fedex I-134 (wet signature) and all documents needed from petitioner for CFO and for the USEM interview (employment, divorce decree, etc...)
02/08/17....Interview 
02/09/17....Visa Issued

02/15/17....Visa In Hand :jest:

02/17/17....CFO Interview, Yellow sticker in hand

03/07/17....POE - San Francisco, CA

Share this post


Link to post
Share on other sites

Dv is not a charge a charge would be assult , battery, bop, when someone is arrested for abusing a spouse there is never a domestic violence charge. In the police report it will state domestic violence but you can't plea to dv

I went through this with my ex he was abusive and was arrested but never once to he plea to dv

He has assult , vop and trespassing on his record

Understand??


I love my husband ?‍?‍?

Married June 2016

Por siempre y para siempre Mi amor

Share this post


Link to post
Share on other sites
Filed: Other Country: Nigeria
Timeline

expect mad scrutiny , i just saw a post yesterday with someone who had alot of records and the embassy at manilla told the fiance for their protection they denied her, lawyer may be needed


 

 

 

 

 

Share this post


Link to post
Share on other sites

What will the police report say ??

I seen a simalar story of a guy who's fiancé is in phi and the application was denied because he had dv and a dui on his record

It was probably a day before yours

But from my knowledge battery isn't a simple charge battery is pretty severe not only was I bleeding from my ex but he chocked me and had a mark on my eye the second time when he violated the protective order

He has assult 3

expect mad scrutiny , i just saw a post yesterday with someone who had alot of records and the embassy at manilla told the fiance for their protection they denied her, lawyer may be needed

Lol I just said that at first I thought it was the same guy but I was wrong


I love my husband ?‍?‍?

Married June 2016

Por siempre y para siempre Mi amor

Share this post


Link to post
Share on other sites

Domestic violence unfortunately is not uncommon. It includes a wide variety of different charges, but generally involves a current or former intimate relationship between the victim and perpetrator that results in unlawful physical or emotional injuries. The penalties for domestic violence also vary depending largely upon the type of offense, the harm inflicted, criminal history of the accused, and the age of the victim.

Examples of domestic violence include assault, battery, stalking, child abuse and abandonment, elder abuse, and threats of violence.


I love my husband ?‍?‍?

Married June 2016

Por siempre y para siempre Mi amor

Share this post


Link to post
Share on other sites

I love my husband ?‍?‍?

Married June 2016

Por siempre y para siempre Mi amor

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Philippines
Timeline

Thank you....

I suppose front loading the application with everything up front will help... Plus the fact it was 16 years ago - and never happened again? I mean - I really did learn something out of it. If EVER things get heated - get the hell out.

Oddly enough - Never had that kind of issue again. Life provides valuable lessons.


K1 VISA
10/23/16....I-129F FEDEX 2nd day to Lewisville, TX
10/26/16....Delivered at Lewisville, TX

10/28/16....NOA1 Text and Email

10/28/16....NOA1 Date on Hard Copy Notice
11/04/16....NOA1 Hard Copy Received

w..a...i...t...i...n...g........ :clock:

11/22/16....NOA2 Text Only

11/22/16....NOA2 Approval Date - no email yet
11/28/16....NOA2 Hard Copy Received

w..a..i...t...i...n...g........ :clock:

12/06/16....Called NVC - No case yet (15 days after NOA2)

12/12/16....Called NVC - I-129F Received - no case number yet.

12/13/16....Case Number Received

12/15/16....Case status set as "In Transit"  to US Embassy in Manilla, PH

12/19/16....Embassy Received. Case status set as "Ready"

12/19/16....Emailed NVC asking for case information as it was never received (I know its too early - Just Do It Anyway)

w..a..i...t...i...n...g........ :clock:

xx/xx/xx......Never Received NVC letter hard copy from NVC (STILL MISSING GRRRRR)

01/03/17....NVC replied to email providing NVC letter and info

01/04/17....Medical Completed

01/04/17....Fedex I-134 (wet signature) and all documents needed from petitioner for CFO and for the USEM interview (employment, divorce decree, etc...)
02/08/17....Interview 
02/09/17....Visa Issued

02/15/17....Visa In Hand :jest:

02/17/17....CFO Interview, Yellow sticker in hand

03/07/17....POE - San Francisco, CA

Share this post


Link to post
Share on other sites

I'm glad you were able to learn from it since so many don't and repeat again. In the simalar case to yours they suggested that guy marry and then file for his to come with the I-130

Maybe that would be better for you I don't believe they ask about a criminal record for the petitioner. From what I read it will take about 13 months and your wife can work right away and get her ssi number


I love my husband ?‍?‍?

Married June 2016

Por siempre y para siempre Mi amor

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
Sign in to follow this  
- 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.
×
×
  • Create New...