K1 visa with criminal record

[Susy Mendez 1]

Hi, my fiance who is my petitioner has some charges and a few convictions, some for domestic violence, can someone please tell me how do we proceed for the k1 visa.

[Stephanillia 30]

3 minutes ago, Susy Mendez said:

Hi, my fiance who is my petitioner has some charges and a few convictions, some for domestic violence, can someone please tell me how do we proceed for the k1 visa.

This might help:

 

https://www.alllaw.com/articles/nolo/us-immigration/getting-k-1-visa-fiance-criminal-record.html

 

Good luck!

[Cyberfx1024 7,978]

17 minutes ago, Stephanillia said:

This might help:

 

https://www.alllaw.com/articles/nolo/us-immigration/getting-k-1-visa-fiance-criminal-record.html

 

Good luck!

 

21 minutes ago, Susy Mendez said:

Hi, my fiance who is my petitioner has some charges and a few convictions, some for domestic violence, can someone please tell me how do we proceed for the k1 visa.

As long as the charges are not anything to do with murder, rape, or AWA then he SHOULD be ok. He just need to get the court deposition for all of his convictions. He needs to brief you on all of this because IT WILL be asked during the interview. 

[Alabamak1 688]

25 minutes ago, Susy Mendez said:

Hi, my fiance who is my petitioner has some charges and a few convictions, some for domestic violence, can someone please tell me how do we proceed for the k1 visa.

I would highly encourage a lawyer for this. The charges with domestic violance are not a DIY thing in his case

[Cyberfx1024 7,978]

10 minutes ago, Alabamak1 said:

I would highly encourage a lawyer for this. The charges with domestic violance are not a DIY thing in his case

It would depend on how long ago the DV charges/convictions are that is the question,

[Susy Mendez 1]

The charges are from 2008.

[Susy Mendez 1]

14 minutes ago, Cyberfx1024 said:

It would depend on how long ago the DV charges/convictions are that is the question,

Every charge and convition are from 2008. 

[Cyberfx1024 7,978]

1 minute ago, Susy Mendez said:

Every charge and convition are from 2008. 

What are the convictions if you don't mind me asking? If you don't want to say then that is ok. Just be advised that he will have to get a disposition for all of those charges in order to file for the visa. 

[Susy Mendez 1]

2 minutes ago, Cyberfx1024 said:

What are the convictions if you don't mind me asking? If you don't want to say then that is ok. Just be advised that he will have to get a disposition for all of those charges in order to file for the visa. 

 

[Cyberfx1024 7,978]

6 minutes ago, Susy Mendez said:

 

If this is all that he has then I would not be concerned about it at all as long as everything is disclosed during the initial petition phase and at the interview. I was able to petition my fiance now wife in 2012 with a DV charge from 2010. 

[Susy Mendez 1]

7 minutes ago, Cyberfx1024 said:

If this is all that he has then I would not be concerned about it at all as long as everything is disclosed during the initial petition phase and at the interview. I was able to petition my fiance now wife in 2012 with a DV charge from 2010. 

Thank you very much!

[Cyberfx1024 7,978]

2 minutes ago, Susy Mendez said:

Thank you very much!

Just be prepared to be asked about these charges because I would bet my bottom dollar that they do ask about them during the interview. 

[Susy Mendez 1]

2 minutes ago, Cyberfx1024 said:

Just be prepared to be asked about these charges because I would bet my bottom dollar that they do ask about them during the interview. 

Ok i will. Thank you

[carmel34 3,531]

All you can do is disclose everything on the I129F and then take all the official court documents about the charges and how they were resolved to the interview to be prepared for questions about it.  If you don't disclose then it can cause problems, even a denial, for being untruthful.  Everything will come out in the background checks they will do.  Ultimately, it will be up to the IO to make a decision based on all the information submitted with the I129F.  Good luck!

[Cyberfx1024 7,978]

7 hours ago, carmel34 said:

All you can do is disclose everything on the I129F and then take all the official court documents about the charges and how they were resolved to the interview to be prepared for questions about it.  If you don't disclose then it can cause problems, even a denial, for being untruthful.  Everything will come out in the background checks they will do.  Ultimately, it will be up to the IO to make a decision based on all the information submitted with the I129F.  Good luck!

If it is not disclosed then it WILL BE DENIED unfortunately. There is a well known poster on here who had a charge from the early 80's that he was told by RapidVisa to "Not disclose it" and his now wife was denied at the interview for a K1. So now they are going the CR1 route. 

Edited January 17, 2019 by Cyberfx1024