Immigration Issue with Arrest - Need Advice

[okaygarrison 0]

Hi Everybody, 

I need a little bit of guidance/advice on how to handle this issue. First, some background.

 

My fiance is a Myanmar citizen who works in Bangkok, Thailand. When she was 13, she entered Thailand illegally to begin working as a maid. She performed these duties for 4 years until her employer was turned in to immigration services. My fiance was 17 at the time. My fiance was subsequently arrested and was instructed by the Thai police and immigration that she would be removed from the country. She was ordered to pay a large fine. If she could not pay the fine, then she would have to serve 44 days in jail. She did not have the funds, so she had to go to jail. After she served her time, she was sent back to Myanmar and told that when she turned 19 (and obtained the proper paperwork like passport and work permit), she could return. She was arrested in December of 2007 - sent back to Myanmar in January of 2008. During her time at home, she worked to get the proper paperwork and returned to Bangkok Thailand in 2011 where she has remained legally. Today, she works as a housekeeper at a local hotel. Today, she is 28. She has had no other incidents with the law, so no acts of moral turpitude. 

 

I am receiving conflicting reports on whether this will pose a problem with getting a K1 visa. Some say that because the incident occurred over 10 years ago and was less than 6 months of a sentence - it shouldn't be a problem. Others say it will disqualify her. Any advice would be appreciated. She is terrified that this will be a problem for us and that she will be disqualified from getting a visa. Have any of you experienced anything like this? We have not yet submitted our I-129F and want to be as honest and forthcoming as humanly possible. 

 

Any advice would be appreciated. Thank you in advance. 

[John & Rose 7,237]

1 hour ago, okaygarrison said:

Hi Everybody, 

I need a little bit of guidance/advice on how to handle this issue. First, some background.

 

My fiance is a Myanmar citizen who works in Bangkok, Thailand. When she was 13, she entered Thailand illegally to begin working as a maid. She performed these duties for 4 years until her employer was turned in to immigration services. My fiance was 17 at the time. My fiance was subsequently arrested and was instructed by the Thai police and immigration that she would be removed from the country. She was ordered to pay a large fine. If she could not pay the fine, then she would have to serve 44 days in jail. She did not have the funds, so she had to go to jail. After she served her time, she was sent back to Myanmar and told that when she turned 19 (and obtained the proper paperwork like passport and work permit), she could return. She was arrested in December of 2007 - sent back to Myanmar in January of 2008. During her time at home, she worked to get the proper paperwork and returned to Bangkok Thailand in 2011 where she has remained legally. Today, she works as a housekeeper at a local hotel. Today, she is 28. She has had no other incidents with the law, so no acts of moral turpitude. 

 

I am receiving conflicting reports on whether this will pose a problem with getting a K1 visa. Some say that because the incident occurred over 10 years ago and was less than 6 months of a sentence - it shouldn't be a problem. Others say it will disqualify her. Any advice would be appreciated. She is terrified that this will be a problem for us and that she will be disqualified from getting a visa. Have any of you experienced anything like this? We have not yet submitted our I-129F and want to be as honest and forthcoming as humanly possible. 

 

Any advice would be appreciated. Thank you in advance. 

Does her arrest show up on the PCC?  The petition question is about the petitioner not the beneficiary.  Her information will be taken during the interview when she hands over the police certificates.  I do not anticipate this making a difference in the petition.

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.