K-1 Visa Beneficiary with criminal record

[Ash.1101 1,755]

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.

From what I can see a conditional discharge is like a form of probation, yes? What are the terms of the probation? Conditional discharge means there were conditions to be met over those 3 years. Are any of the terms something that may limit your ability to come into the united states? Would you have been able to stay in the US those 3 years to complete your probation, or did you leave when this happened?

It seems like there might be a bit more to your case than we know, or at least we're getting more info as the thread goes on. But the conditional discharge is going to be something you may want to find out about from a lawyer. You're still technically under the conditional discharge, but your not in the country to maintain those conditions, that may not be good.

Also note that every consulate is different, and every consulate treats their people differently. What might fly at one, may have you heavily judged at another. Some people get off scott free no issue, but there are some that end up having a bad time for things that others tell them not to worry about. While they may not deny you for anything technically related to your issues right now, they could deny you on something else they find but in their mind have any problem things (like this) be the nail in the coffin.

Edited December 18, 2016 by Ash.1101

[EM_Vandaveer 2,364]

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.

I understand all this.

The points I was trying to make.

1) petty offense exception relates to CIMTs. Therefore it's not relevant to OP's situation who does not seem to have any CIMTs, only two non-CIMTs (lawyer's confirmation would be prudent to obtain regarding this, but that's how it sounds)

2) petty offense exception really only works for ONE CIMT. Several CIMTs even if relatively minor crimes (I'm using the word minor not in a legal but a general sense) will lead to problems and can't separately dealt with using petty offense exception

3) I never claimed that waivers would be needed or OP would get denied. Only that because of the simple fact OP has some things on his criminal record, it would be prudent to consult with a lawyer to make sure these wont cause a problem.

[aidan80 9]

I understand all this.

The points I was trying to make.

1) petty offense exception relates to CIMTs. Therefore it's not relevant to OP's situation who does not seem to have any CIMTs, only two non-CIMTs (lawyer's confirmation would be prudent to obtain regarding this, but that's how it sounds)

2) petty offense exception really only works for ONE CIMT. Several CIMTs even if relatively minor crimes (I'm using the word minor not in a legal but a general sense) will lead to problems and can't separately dealt with using petty offense exception

3) I never claimed that waivers would be needed or OP would get denied. Only that because of the simple fact OP has some things on his criminal record, it would be prudent to consult with a lawyer to make sure these wont cause a problem.

Your points are understood however I disagree with a few things.

1. There are no petty CIMT's that I'm aware of. There's no known to me at least shades of CIMT's. CIMT's appear very black and white. The OP can always get a lawyer and when in doubt it's always a good idea however from what the OP has posted they won't have an issues as long as they are honest and present everything and answer all questions. However the OP should do what is best for them in their situation.

2. I think your confused on exactly what is a CIMT https://en.wikipedia.org/wiki/Moral_turpitude If I'm wrong, something has changed please do enlighten me I'm always up to learn something new

3. I didn't suggest nor intend to suggest the OP would get denied and the shouldn't if they are honest at their interview. I agree it's always best to be safe and hire a lawyer if there's a clear and specific need to.

[aidan80 9]

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.

I don't mean to be blunt but be prepared for the IO to look at it like you have a problem drinking and/or making the right decisions when under the influence. Those two convictions are very, very fresh. A conditional discharge is from what I understand to USCIS a conviction it's not probation. The conditional discharge was your sentence (without actual punishment) for the crime committed. It typically means you have certain conditions to meet such as not drink driving or not being arrested for anything alcohol related however you typically don't need to meet with or be supervised by a probation officer. Your conditional discharge will be compete at the end of the three years given you haven't broken the terms of the discharge. Break the terms of the discharge and the judge could impose a prison sentence, take away your license and/or fine you. That discharge will remain on your record and be seen by USCIS. It goes without saying at no point in the present or future (even 10 years form now) should these facts be hidden.

My personal (not a lawyer) advise would be to stop drinking! Read the guides here, google the K1 process and gather ALL paperwork ahead of your interview. Don't attempt to hide anything from the embassy, be honest and factual when asked questions and have evidence to backup what your saying factually. Don't go in shooting from the hip or driven by emotion. You need to be business like and go over prepared. You shouldn't have any issues, you can go the lawyer route if funds allow and follow their advice to the letter and you'll most likley have the same outcome. Lawyer's can't sway the system anymore than you or I can they can just interpret the law provide advice and what they believe the best course of action is and of course coach you on how to answer questions the right way.

Good Luck.

[UsaBound82 3]

i have been looking for this. this sounds similar to mine. on my record i have a dui and reckless driving (son in car), i have worked out this is a CIMT. i never went to prison for it and atm i am in the middle of 15 months loss (ends 30th August 2017) of licence and 18 months (30th November 2017) good behaviour. no fines either. did everything possible to improve my case, including doing a traffic offenders program even before the judge asked me to do it, and i have also quit drinking (1 year no drinking on the 26th jan). 1st offence, never even a speeding ticket before that. even now thinking about what i did makes me sick to my stomach. i hate thinking bout it i will be kicking myself everyday till i die for doing it. the lord was watching over me cause no-one got hurt or killed inc my son or i the only thing was my car's front wheel was damaged, that was it. i still till this day can't remember it at all. (in a way im glad i can't, another blessing). basically i am REALLY nervous i will get denied due to this. i have to apply by april 19th as thats the last time i saw my partner (april 19th 2015). i can swear on everything, it will never happen again. i was suffering from severe depression and anxiety at the time. which is under control now. main cause of this was the fact that the love of my life is on the other side of the world and its very hard being a single parent. please dont judge me for my choices trust me i do enough pain to myself for it. i am just hoping this won't stop me from having my family together finally. 

i have also heard that if you fail a visa application you can never do a visa waiver again. is that true? 

 

edit.....also in that time i have managed to get my cert 3 in nursing assistant. 

Edited January 4, 2017 by UsaBound82
missed a bit of information

[Chalanero21 28]

Hello

How was your interview how things did go with your record? Do you mind sharing details thanks..