Scared about background check

[Amazing_journey 5]

Hi there, my first time here and thought of asking about my confusion on applying k1 visa. Me and my fiance met online last quarter of last year.  He's still on the process of getting the divorce decree finality. Prior to that I have lived in the states for 2 years. I came in the states in a tourist visa and eventually had changed it to F1/student visa. I studied a very short course and was about to get my opt (a permit to work since I was in a student visa status) I opted to go back home to my home country (phils). I was able to get a driver's license and open my own bank account. I had no any criminal offense only parking and traffic tickets. My question is, would that be OK if the USCIS sees that? Would that be a red flag if they would find out about it? Plus my fiance plans to file k1 visa a week after his divorced is released, would that be a red flag too? Any replies will be highly appreciated. Thanks much

[Ben&Zian 4,398]

As long as you did not illegally overstay, meaning you always had a legal status it should not be an issue at all. The K-1 visa, while technically being a non-immigrant visa, is a dual purpose meaning you do intend to immigrate.

 

As for his divorce, as long as he is free and able to marry(divorce finalized before he send the petition in) then this also should be of no issue.

 

There are plenty of people on here in VJ that have been separated and dating others while their divorces are taking place. Sometimes the divorce can take 1-2 years. 

 

[geowrian 22,337]

14 minutes ago, Ben&Zian said:

As long as you did not illegally overstay, meaning you always had a legal status it should not be an issue at all. The K-1 visa, while technically being a non-immigrant visa, is a dual purpose meaning you do intend to immigrate.

 

As for his divorce, as long as he is free and able to marry(divorce finalized before he send the petition in) then this also should be of no issue.

 

There are plenty of people on here in VJ that have been separated and dating others while their divorces are taking place. Sometimes the divorce can take 1-2 years. 

 

100% agree. Well said.

 

Some driving tickets aren't really a concern (so long as you paid them on time). Filing for a K-1 is fine so long as he is free to marry when he signs the I-129F (stating that he is free to marry).

 

Edit: I find it odd that most of the times I hear people being worried about a background check, they're the ones that usually don't have issues with the results. That said, I've gone through probably a dozen separate checks (several of which included the FBI), so it doesn't faze me anymore. haha

Edited January 20, 2017 by geowrian

[f f 725]

1 hour ago, Amazing_journey said:

Me and my fiance met online last quarter of last year.  He's still on the process of getting the divorce decree finality.

know each other less than four months? please take some time and get to know each other. 

[Ash.1101 1,756]

Make sure you meet in person if you haven't already. That's a requirement for the I-129F.

If you haven't met, personally worry about meeting and see where your relationship goes from there. Talking about marriage after knowing someone for four months and (maybe) not having met them in person yet, can be a pretty red flaggy thing.

Personally out of everything you said, your short meeting time is more of a red flag than anything else. USCIS should know about you coming in on a tourist and changing to student, they may not know about your checking account or Drivers license, but it's their job to know about your past visas.

Filing shortly after a divorce isn't always a red flag, it depends on time known each other and if there is anything else odd with the case.

[Amazing_journey 5]

HI! Thanks for all your responses. To answer your questions, we met online accidentally in June 2016 and as a couple in Oct 2016. He came over and visited me in Dec 2016 and from there we really hit it off. would that be a red flag because of the short timeframe that we have known each other? we're planning to file it this march since his divorced will be released the same month. Plus i have 1 unpaid traffic ticket, i was unable to pay it becausse i was already in the phils when they sent it to my old address, only a friend told me about it and the car i drove at that time had been sold. Just want everything to clear before we finally file everything. please enlighten me

[f f 725]

the length of time in the relationship and the short time between them may raise a red flag.

 

leaving the country and not paying traffic tickets is worse since you admit to knowing about the ticket but chose not to pay it. they may look at it as you are fine to break our laws but when it comes time to pay the fine you decline. also if it was misdemeanor or felony anything there is a warrant but I doubt an infraction would get one.

 

good luck be honest with them and be prepared to pay the ticket and late fees

[Amazing_journey 5]

Quote

18 minutes ago, f f said:

the length of time in the relationship and the short time between them may raise a red flag.

 

leaving the country and not paying traffic tickets is worse since you admit to knowing about the ticket but chose not to pay it. they may look at it as you are fine to break our laws but when it comes time to pay the fine you decline. also if it was misdemeanor or felony anything there is a warrant but I doubt an infraction would get one.

 

good luck be honest with them and be prepared to pay the ticket and late fees

 

Re traffic ticket, I definitely did not refuse to pay the ticket it's just that I was already out of America when i found out about it, a month after I left to be exact, considering they send the ticket long after it happened. But prior to leaving, I had paid all my debts and traffic tickets just so I am cleared of any violations just in case i'd go back there again. They may even check my I-94 re my immigration details

I am getting really scared now.

Were there any circumstances that this kind of situation (short time relationship as well) like us gets approved?

 

[Therealworld 90]

Plenty people get approved with a short relationship.  You just need enough supporting documentation regarding the relationship, like pictures, phone logs, etc to show strong connection between the two.  Many people experience love at first sight and marry shortly afterwards and live a long and happy life, some do not.  It is not unusual in this day in age.  A high percentage of people meet online this is just reality.  I will suggest personally know him as much as possible just for your own sake.  Communicate with family and friends let immigration see that everyone is aware of this relationship., is all I can say. Best of Luck!!

[Ash.1101 1,756]

You could have probably easily paid the traffic ticket online when it was still fresh, almost all systems for that exist. It's super easy and you can pay with a credit card. So when people are telling you you refused to pay, by not seeking out options to pay it off, even now, you're refusing to pay. You don't have to be in the country to pay these things normally, and if you still have the US bank account, it's possible you could have called the court and set up a payment plan through your bank account.


But it's possible they may not even see the ticket, unless it's escalated so far out of control that there's a warrant out and what not, which can happen if even a USC misses their court appointment that they are scheduled and then doesn't respond to any follow up action sent. NORMALLY, you have the option to pay off the ticket before court, plead guilty to it by paying it and then don't have to ever go to court. If you don't pay it, you're suppose to go to court on the court date given, and you can plead your case, if you owe money you'll be ordered to pay it, if you don't show, you're considered a no show and they can proceed with any follow up action.

For your own benefit, you may want to find out what went on with that ticket. In some states, having a bench warrant (the warrant the judge will issue for not showing) you can't renew your DL or get a new DL if the states have connected systems and can see that. This could end up being a problem in the future, maybe not through USCIS but through the states themselves. If you move to a new state, and it's a part of the Driver's License Compact with the state you had your ticket in, they can see your unpaid traffic ticket, and since it's a traffic/vehicle violation, they can't issue/renew a DL until the debt has been satisfied.


Meeting online isn't weird, I met my husband online, but we also didn't start dating until knowing each other for three years, and then dated for almost three more years before marriage.



With all that said, while some people do fall in love and live a happy life, you have to prove to the government that your relationship is as legit as THEY want it to be, which most people don't ever have to do in their lives. Stock up on relationship proof, pictures together, chat logs, proof of being with each other in person, call logs, anything you may have OTHER than money transfers as money transfers being sent from him to you is actually a red flag unless married because it can be taken by the government as he's trying to buy you or that you're only in it for the money.

Edited January 20, 2017 by Ash.1101

[unknownuser 13]

Won't be a problem. Don't worry!

[Marco&Bettina 502]

18 hours ago, Ash.1101 said:

Make sure you meet in person if you haven't already. That's a requirement for the I-129F.

If you haven't met, personally worry about meeting and see where your relationship goes from there. Talking about marriage after knowing someone for four months and (maybe) not having met them in person yet, can be a pretty red flaggy thing.

Personally out of everything you said, your short meeting time is more of a red flag than anything else. USCIS should know about you coming in on a tourist and changing to student, they may not know about your checking account or Drivers license, but it's their job to know about your past visas.

Filing shortly after a divorce isn't always a red flag, it depends on time known each other and if there is anything else odd with the case.

I bought the ring I intended to propose to my then-fiancee with after only knowing her online for about 3.5 months. She came to visit about 2 weeks after that for about 10 days. I proposed about halfway in. Then filed about 2 weeks later. In other words, we only knew each other 4 months when I filed. When you know, you know.

[Marco&Bettina 502]

8 hours ago, Amazing_journey said:

HI! Thanks for all your responses. To answer your questions, we met online accidentally in June 2016 and as a couple in Oct 2016. He came over and visited me in Dec 2016 and from there we really hit it off. would that be a red flag because of the short timeframe that we have known each other? we're planning to file it this march since his divorced will be released the same month. Plus i have 1 unpaid traffic ticket, i was unable to pay it becausse i was already in the phils when they sent it to my old address, only a friend told me about it and the car i drove at that time had been sold. Just want everything to clear before we finally file everything. please enlighten me

I hope you don't have a warrant for that. How old is it?

[Marco&Bettina 502]

3 hours ago, Ash.1101 said:

What you said.

I assume OP didn't know about the ticket because it wasn't given during a traffic stop. It was likely a traffic cam ticket. OP, can you confirm? I think those are handled differently than one given by a peace officer.

[KierenHby 899]

4 hours ago, Amazing_journey said:

Re traffic ticket, I definitely did not refuse to pay the ticket it's just that I was already out of America when i found out about it, a month after I left to be exact, considering they send the ticket long after it happened. But prior to leaving, I had paid all my debts and traffic tickets just so I am cleared of any violations just in case i'd go back there again. They may even check my I-94 re my immigration details

I am getting really scared now.

Whoever told you about the ticket could have told you about payment options. 

Each ticket has online\mail, back\cc payment options. And unless you fight it, the fines may increase or double after the deadline. 

 

Disclose ticket on the visa application; may be in collections or summons. Depends on the kind of ticket, and amount.