Criminal History and the K1 Visa

[MsJo 17]

Hi Everyone I am just beginning the whole K-1 visa journey and just wondering if anyone could share some advice (or direct me on where to go for information). I have been going over the forms needed to be filled out, and have a couple questions:

1) My fiance (a US citizen and the petitioner for the K1) has a criminal history. He has one DUI from when he was a teenager, and some charges more recently for which he did jail time. However, going by the questions for Part 3, Questions 2a, 2b and 2c, all our answers would be "No" (none of his charges are listed on the form). Before I assume anything, do we simply check off "No" to these questions and leave it at that? Or is there somewhere else we need to declare his criminal history? I know it will be found when background checks are done, and we're not trying to hide anything.

2) His jail time was served in the last 5 years. On the G-325A, it asks for address history over the last 5 years. My understanding is we both have to fill out this form. During his incarceration dates, would I put the jail address? Or, since he was released to the same address he's lived at for years, would I just put that address?

Thanks!!!!

[JenniferNangel 137]

What were his charges most recently?? Yes if he was incarcerated within the past 5 years I would put the jail address. Even if you don't put the address the gov already knows and you don't want to get caught lying to them

[MsJo 17]

What were his charges most recently?? Yes if he was incarcerated within the past 5 years I would put the jail address. Even if you don't put the address the gov already knows and you don't want to get caught lying to them

He did time for burglary

[SunflowerSweet 1,321]

As long as it's not one of the crimes listed then you don't need to provide any extra information about it when filing.

It's good that you are aware of it though, as its possibile it will be discussed at the interview if it comes up in any of their checks during the I-129f processing.

As long as it's not determined as a possible hazard to you and you are aware and understanding of it, then his criminal history should not be an issue if it falls out of the mentioned crimes as you said it does.

Edited November 2, 2016 by MorganandMichael

[JenniferNangel 137]

He did time for burglary

I wouldn't worry about that the dui is worse in immigration eyes but you said those charges got dropped right ??

[Limey 550]

I wouldn't worry about that the dui is worse in immigration eyes but you said those charges got dropped right ??

He's the US citizen, so it doesn't matter.

So long as its not one of the abuse/sex offence crimes listed, it isn't a problem, as he's not the one immigrating.

[JenniferNangel 137]

He's the US citizen, so it doesn't matter.

So long as its not one of the abuse/sex offence crimes listed, it isn't a problem, as he's not the one immigrating.

Really that's funny because I remember seeing a k1 denied because of a dui from the USC Edited November 2, 2016 by JenniferNangel

[SunflowerSweet 1,321]

Really that's funny because I remember seeing a k1 denied because of a dui from the USC

Can you provide a link for this example? A k-1 being denied for a single DUI in the past seems unlikely.

http://www.visajourney.com/forums/topic/540519-if-the-petitioner-has-multiple-dui-will-it-affect-the-k1-visa/

http://www.visajourney.com/forums/topic/533144-fiance-visa-petitioner-with-dwi/

http://www.visajourney.com/forums/topic/284284-petitioner-got-dui-will-this-affect-cr-1-process/

http://www.visajourney.com/forums/topic/459480-petitioners-prior-duiswill-they-affect-i-130/

http://www.visajourney.com/forums/topic/566876-dui-problems/

I only went through the first page of search results, but seems as if all of those posters were approved just fine. Some were for CR-1/IR-1, many for K-1.

[Anitafeliz 1,133]

IMBRA - K-1 Protections and Limitations for Fiancés

http://www.siam-legal.com/us-visa/imbra-k-1-protections-and-limitations-for-fiances/

These are the reportable ones

Edited November 2, 2016 by Anitafeliz

[Limey 550]

Really that's funny because I remember seeing a k1 denied because of a dui from the USC

Do you have a link to that?

The forms don't even ask the USC to declare such offences (unless there are many, 3 I think).

The USC is already in the USA. They are an American. Why should USCIS deny a law abiding immigrant from entering the country, because they are engaged to someone who has a DUI? It makes no sense. They are only worried if it is a threat to the immigrant (as an alcoholic might be).

Edited November 2, 2016 by Limey

[JenniferNangel 137]

Do you have a link to that?

The forms don't even ask the USC to declare such offences. Why doesn't USCIS ask about them, if they are a reason for denial?

The USC is already in the USA. They are an American. Why should USCIS deny a law abiding immigrant from entering the country, because they are engaged to someone who has a DUI? It makes no sense.

Not searching a link I'm packing right now but the guy's wife was from Philippines that's all I remember. I'm not stupid I know what a USC is obviously I spent my whole life in America but they can deny a criminal a k1 visa to protect the intending immigrant. It's happened plenty of times before

[Merrytooth 5,748]

Not searching a link I'm packing right now but the guy's wife was from Philippines that's all I remember. I'm not stupid I know what a USC is obviously I spent my whole life in America but they can deny a criminal a k1 visa to protect the intending immigrant. It's happened plenty of times before

This one:

http://www.visajourney.com/forums/topic/609714-k1-visa-denied-to-my-filipina-fiancee/

But the USC has more issues than a single DUI 6 years ago.

[Jing&Kuting 137]

I think its best that you get a lawyer to process your k1 since your situation is complex

[Ash.1101 1,755]

Just as a note, the petition can't be denied because of a USC's doings, but when they run a background check they will see all of these things on the USC and they can (and usually will) use all of these things as a gauge to see if the relationship is real or not.

They -CAN- however, deny a visa if they feel there is a danger to the beneficiary, or if the beneficiary isn't aware of tall the details they find in the background check, as that's grounds for not having a bona fide relationship.

To others in the thread, no the OP (since they seem aware of being honest and upfront about all this): There are people in jail who petition all the time for their spouse/fiance visa, but just because of that it shouldn't be taken with a "no big deal" grain of salt type attitude, unless the crimes were once and a while back. The more crimes you add in, the tougher it -CAN- be. Each consulate also differs on what they want to deal with.

In Montreal, as I've said before on other crime related threads, there was a person who found out that her fiance had financial related court issues, past debts, taken to court over money, etc. There were enough cases put infront of the CO, that the CO basically told her she was approved but she should think about if marrying him is what she wanted to do, and that she could have the visa "if she still wanted to do this". So even the "easy" consulate CO's may take some things more serious than others.


As for the address thing, yes, if he was in jail within the last 5 years then you will put the jail address, the time lived at the address, and then put the new address, the time when he moved in to present time.

[JenniferNangel 137]

Do you have a link to that?

The forms don't even ask the USC to declare such offences (unless there are many, 3 I think).

The USC is already in the USA. They are an American. Why should USCIS deny a law abiding immigrant from entering the country, because they are engaged to someone who has a DUI? It makes no sense. They are only worried if it is a threat to the immigrant (as an alcoholic might be).

I just reread that. A law abiding citizen wouldn't have a single arrest on their record. He's out of jail for robbery and since when is drinking and driving in the same category as a law abiding citizen??

This one:

http://www.visajourney.com/forums/topic/609714-k1-visa-denied-to-my-filipina-fiancee/

But the USC has more issues than a single DUI 6 years ago.

Thank you I don't remember the other arrest he had I remember it being denied because of the USC rap sheet