Jump to content
mehmetmehmet

K-1 Visa Beneficiary with criminal record

21 posts in this topic

Recommended Posts

Hello, My fiance and I I(Same-Sex) are getting prepared for a k1 Visa application but unfortunately I have a criminal record in the US while I was on F-1 Visa studying there. He is a US Citizen. My first arrest was for Trespassing / Fail to Leave at a nightclub, it was an unlawful arrest because I was trying to explain myself for too long and I was not on the nightclub premises anymore when arrested. I accepted a pre-trial diversion agreement and the case is dropped/nolle prossed and the charge was a misdemeanor. My second arrest is a misdemeanor Driving While Intoxicated 1st-offense in NY state(I know it's terrible and I regret it with all my heart!)No one was harmed or hurt and there was no property damage, I have really learned my lesson and want to start a new life with the person I love with all my heart. I live in a muslim country so it is extremely difficult for us to consider a life here, we can not get married here either. What are my chances of being denied or approved?All the answers and help would be extremely appreciated, please give me all your thoughts for my situation

Share this post


Link to post
Share on other sites

This is one of those instances when you should consult with an immigration attorney knowledgeable about how your criminal record would impact your chances to get a visa. Not really a DIY issue.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

Hello, My fiance and I I(Same-Sex) are getting prepared for a k1 Visa application but unfortunately I have a criminal record in the US while I was on F-1 Visa studying there. He is a US Citizen. My first arrest was for Trespassing / Fail to Leave at a nightclub, it was an unlawful arrest because I was trying to explain myself for too long and I was not on the nightclub premises anymore when arrested. I accepted a pre-trial diversion agreement and the case is dropped/nolle prossed and the charge was a misdemeanor. My second arrest is a misdemeanor Driving While Intoxicated 1st-offense in NY state(I know it's terrible and I regret it with all my heart!)No one was harmed or hurt and there was no property damage, I have really learned my lesson and want to start a new life with the person I love with all my heart. I live in a muslim country so it is extremely difficult for us to consider a life here, we can not get married here either. What are my chances of being denied or approved?All the answers and help would be extremely appreciated, please give me all your thoughts for my situation

I don't think it will cause an issue as long as it dosent fall under CIMT.. neither of your arrest falls under CIMT.. as long as you have completed all requirements like paid all fines and probation ( if u were on one). You need to diclose in your application plus u need to present your courts dispostion or any records stating that charges have been dropped. I would still recommended you ti hire attorney because i hired one for myself. I had a minor crime in US when i was visiting my wife.


Marriage: July 15, 2015

File I-130: August 06,

NOA 1: August 20, 2015 (Nebraska)

NOA 2- May 20, 2016

NOA 2 received: May 25, 2016

Case Sent to NVC:May 20, 2016

...................................................................

NVC:

Case received: 06/06/2016

Case and IIN#: 06/22/2016

Choice of Agent -DS-261:06/22/2016

AOS Fee Invoiced:06/22/2016

AOS Fee Paid: 06/22/2016

IV Fee Invoiced: 06/22/2016

IV Fee Paid:06/22/2016

DS-260 Completed:07/08/2016

Sent AOS & IV Packets:07/14/2016

Scan Date: 07/18/2016

Checklist: 08/19/2016 ( i received checklist for missing passport copy)

Second Scan Date: 08/29/2016

Supervisor's review: 10/12/2016

Case Complete: 10/17/2016

Interview Date: 11/23/2016

Result: Approved

 

Removal of Condition

File ROC : 12/07/2018

Share this post


Link to post
Share on other sites

As mentioned above, find out whether any of the offenses is considered a CIMT. If so, don't freak out, because both offenses would fall under the petty crime exception and therefore won't necessarily lead to a visa refusal.

A crime involving moral turpitude is considered a petty offense if:

the maximum penalty that you could have received for committing the offense is exactly one year or less, AND

you personally were sentenced to no more than six months imprisonment, regardless of the amount of time you actually served.

Share this post


Link to post
Share on other sites

I came to the US under a K1 with a juvenile criminal history without any major issues. I got through AOS too without issue even though it meant rehashing the same old things from when I was 13. I was up front, honest and declared everything. It appears your on the right track with the DUI that alone shouldn't bar you entry under a K1. The thing you should do before you have your K1 interview is understand that the IO won't care about the emotion of the (night club) incident as you might. It's all very black and white to them, did you admit guilt? It seems that way and as far as they are concerned you are guilty. Regardless of anything you might think or want to say, even believe. Do not appear to justify a crime that officially acknowledged your guilt be honest and remorseful or face the potential reality of filing a waiver and waiting longer or worse... The Oompa Loompa regime takes office and suddenly you no longer have legal grounds for a K1 or AOS. I'm hoping that takes them time to change however I expect in their small minds they'll want to move fast.

I'm sure your aware they will want and acquire a police certificate/criminal history from Turkey. If there's anything on record there be prepared to disclose it and be questioned on it. Time since the crime and your age at the time does factor in too. How long ago where these incidents if I might ask?

Regardless of the outcome good luck!


Filed N400 11/7/16

Check (CC) Cashed 11/10/16

Text/Email NOA 11/16/16

Share this post


Link to post
Share on other sites

As mentioned above, find out whether any of the offenses is considered a CIMT. If so, don't freak out, because both offenses would fall under the petty crime exception and therefore won't necessarily lead to a visa refusal.

A crime involving moral turpitude is considered a petty offense if:

the maximum penalty that you could have received for committing the offense is exactly one year or less, AND

you personally were sentenced to no more than six months imprisonment, regardless of the amount of time you actually served.

The petty crime exception is for ONE crime only. You can't have several and claim petty crime exception on each and every one of them, that's not how it works.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

I came to the US under a K1 with a juvenile criminal history without any major issues. I got through AOS too without issue even though it meant rehashing the same old things from when I was 13. I was up front, honest and declared everything. It appears your on the right track with the DUI that alone shouldn't bar you entry under a K1. The thing you should do before you have your K1 interview is understand that the IO won't care about the emotion of the (night club) incident as you might. It's all very black and white to them, did you admit guilt? It seems that way and as far as they are concerned you are guilty. Regardless of anything you might think or want to say, even believe. Do not appear to justify a crime that officially acknowledged your guilt be honest and remorseful or face the potential reality of filing a waiver and waiting longer or worse... The Oompa Loompa regime takes office and suddenly you no longer have legal grounds for a K1 or AOS. I'm hoping that takes them time to change however I expect in their small minds they'll want to move fast.

I'm sure your aware they will want and acquire a police certificate/criminal history from Turkey. If there's anything on record there be prepared to disclose it and be questioned on it. Time since the crime and your age at the time does factor in too. How long ago where these incidents if I might ask?

Regardless of the outcome good luck!

Both of OP's crimes happened in the US, so while he needs a police certificate from Turkey (to show there is no criminal record there), OP needs to obtain criminal history/court documents from the US where these crimes occurred. Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

The petty crime exception is for ONE crime only. You can't have several and claim petty crime exception on each and every one of them, that's not how it works.

Where are you getting that information from? I don't remember coming across anything that says your allowed one petty crime but two and that's it. Now I understand if the IO see's three DUI's then yes there's a trend there however a DUI, a trespass charge at separate times/places shouldn't cause any major issues.

Both of OP's crimes happened in the US, so while he needs a police certificate from Turkey (to show there is no criminal record there), OP needs to obtain criminal history/court documents from the US where these crimes occurred.

Thanks for reminding the OP and all of us of the obvious.


Filed N400 11/7/16

Check (CC) Cashed 11/10/16

Text/Email NOA 11/16/16

Share this post


Link to post
Share on other sites

Everyone thank you very much for your replies and the information. Me and my fiancee really appreciate them all. We are worried for a possible denial, and all your responses have been really helpful in this stressful time period. I would like to give more details, The arrests were in May 2015 (Trespassing/Fail To Leave) and in July 2015 ( DWI 1st-Offense) I have a conditional discharge from this conviction which will last 3 years. Would it be a problem to apply for a K1 Visa during the time of the conditional discharge? Thank you all so much once again for trying to help! God bless you all. I would also like to add that my record in Turkey is completely clean, I don't even have a non-criminal traffic offense here.

Edited by mehmetmehmet

Share this post


Link to post
Share on other sites

Where are you getting that information from? I don't remember coming across anything that says your allowed one petty crime but two and that's it. Now I understand if the IO see's three DUI's then yes there's a trend there however a DUI, a trespass charge at separate times/places shouldn't cause any major issues.

Thanks for reminding the OP and all of us of the obvious.

You should look up what the petty crime exception actually IS. First of all, it's for CIMTs that are minor offenses. Second of all, it really only applies to ONE offense, not several.

http://nortontooby.com/topics/petty_offense_exception

If neither of OP's offenses were CIMTs then he doesn't need the petty crime exception anyway.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

Everyone thank you very much for your replies and the information. Me and my fiancee really appreciate them all. We are worried for a possible denial, and all your responses have been really helpful in this stressful time period. I would like to give more details, The arrests were in May 2015 (Trespassing/Fail To Leave) and in July 2015 ( DWI 1st-Offense) I have a conditional discharge from this conviction which will last 3 years. Would it be a problem to apply for a K1 Visa during the time of the conditional discharge? Thank you all so much once again for trying to help! God bless you all. I would also like to add that my record in Turkey is completely clean, I don't even have a non-criminal traffic offense here.

Perfect question for an attorney. Would still being under conditional discharge cause problems with the visa approval?


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

Conditional discharge has no affect.

All arrests have to be disclosed. All resolutions have to be disclosed.

Even if the case is dropped, it still must be reported.

All arrests must be reported, no matter what.

Criminal dispositions are not determinative since the US Embassy will review all arrests under the "preponderance of the evidence" immigration standard and not the higher "beyond a reasonable doubt" criminal standard.

Share this post


Link to post
Share on other sites

You should look up what the petty crime exception actually IS. First of all, it's for CIMTs that are minor offenses. Second of all, it really only applies to ONE offense, not several.

http://nortontooby.com/topics/petty_offense_exception

If neither of OP's offenses were CIMTs then he doesn't need the petty crime exception anyway.

I have looked it up but thanks for the link to a law office. CIMT's and minor offenses are two separate types of offenses. You can't have minor a CIMT, the system appears to be very binary in that way. At least it has been in my experience thus far. The OP's offenses are not CIMT's from my limited (10 years) experience navigating the system. The same as the OP I've SEVERAL offenses that are not CIMT's but are minor in nature. Yet I'm here, no waivers, no denials.. nothing.


Filed N400 11/7/16

Check (CC) Cashed 11/10/16

Text/Email NOA 11/16/16

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.
×