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Josh33 Newbie

Josh33   9

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Filed: K-1 Visa Country: Thailand
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Just got noa2 approval today but then talk to my immigration attorney. Find out my fiance's criminal record maybe a problem. When she was 25 she got into a fight with a girl over a guy. She pled guilty and paid a 2,000 baht fine ($60 usd) no jail time. But the section 295 she was charged with says not more than 4,000 Baht fine or not more than 2 years jail time. My attorney says counselor at US Embassy in Thailand will deny her based on the two years even if she didn't serve jail time. Wants me to pay 10000 u.s. dollars to get her record expunged. From what I've read online, expunging a record doesn't always help. Does anybody have any experience dealing with criminal record issues? Thanks for any help.

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TNJ17 Proficient

TNJ17   1,329

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I believe you need to file a waiver for this from what I’ve seen other people on this forum talk about. Her record doesn’t seem like a big deal but I don’t know how harsh they are in Thailand. You need to ask that question in the country specific forum so people can give you a better answer. And you are definitely gonna need a lawyer for this. 

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John & Rose Mentor

John & Rose   7,239

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Filed: Lift. Cond. (pnd) Country: Philippines
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5 hours ago, Josh33 said:

Just got noa2 approval today but then talk to my immigration attorney. Find out my fiance's criminal record maybe a problem. When she was 25 she got into a fight with a girl over a guy. She pled guilty and paid a 2,000 baht fine ($60 usd) no jail time. But the section 295 she was charged with says not more than 4,000 Baht fine or not more than 2 years jail time. My attorney says counselor at US Embassy in Thailand will deny her based on the two years even if she didn't serve jail time. Wants me to pay 10000 u.s. dollars to get her record expunged. From what I've read online, expunging a record doesn't always help. Does anybody have any experience dealing with criminal record issues? Thanks for any help.

I don't like your lawyer!!!  Does your fiancé  have paperwork showing that the "sentence" was carried out.  There are many approved that spent time in prison.  All they need to know is that the courts have approved whatever punishment and that your fiancee is now free and clear.

 

Another thing is that you cannot expunge a conviction.  You can expunge an arrest but if there is a conviction that is on your record forever.  Make sure she has the proper court documents and that her police certificate is clean now.  All she has to do is prove that she served her time/ paid her fine.  

 

I have been expunged for an arrest in 1991.  I know this well.  My lawyer did it for $2000 and I did it in Cook County, Illinois.  That is about the most expensive place that can be done.

 

I think your lawyer is trying to squeeze you a little.

 

It is US law that the CO is concerned about.  As long as she is clean now and has paperwork with the previous disposition you should be fine.

Edited by John & Rose

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

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Josh33 Newbie

Josh33   9

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Filed: K-1 Visa Country: Thailand
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2 hours ago, John & Rose said:

I don't like your lawyer!!!  Does your fiancé  have paperwork showing that the "sentence" was carried out.  There are many approved that spent time in prison.  All they need to know is that the courts have approved whatever punishment and that your fiancee is now free and clear.

 

Another thing is that you cannot expunge a conviction.  You can expunge an arrest but if there is a conviction that is on your record forever.  Make sure she has the proper court documents and that her police certificate is clean now.  All she has to do is prove that she served her time/ paid her fine.  

 

I have been expunged for an arrest in 1991.  I know this well.  My lawyer did it for $2000 and I did it in Cook County, Illinois.  That is about the most expensive place that can be done.

 

I think your lawyer is trying to squeeze you a little.

 

It is US law that the CO is concerned about.  As long as she is clean now and has paperwork with the previous disposition you should be fine.

John and rose thank you for your help.

It does say at least for Thailand, if beneficiary pled guilty or was charged with a crime where the maximum punishment was over one year that they could be denied. Basically meaning it didn't matter what they actually served or paid. So what she was charged with carried a maximum jail time of 2 years and a maximum fine of 4000 baht and she was only required to pay 2000 bhat and it was done.   don't know what to do, all I know is I want her here in the US with me.

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John & Rose Mentor

John & Rose   7,239

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Filed: Lift. Cond. (pnd) Country: Philippines
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I’m sorry to hear that. I would pay anything for Rose. Can you check with other lawyers?  Is that lawyer based in Thailand or the US?

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

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Josh33 Newbie

Josh33   9

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Filed: K-1 Visa Country: Thailand
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1 hour ago, John & Rose said:

I’m sorry to hear that. I would pay anything for Rose. Can you check with other lawyers?  Is that lawyer based in Thailand or the US?

Ya I feel the same way ....but I wanted to spend it on her instead of giving it to lawyer haha.

20180119_183229.png

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geowrian Grand Master

geowrian   22,336

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted

Don't bother with the expungement (especially for that price). For immigration purposes, they will look at the conviction either way.

http://www.alllaw.com/articles/nolo/us-immigration/expunged-sealed-criminal-records-show.html

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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