K1

[Jan93 0]

Hi i really need your opinions,  my fiance from US was convicted with marijuana almost 20 years ago. Would it be a problem he will petition me for a k1 visa.  He's in the process of having the case expunge. 

[Unlockable 7,306]

43 minutes ago, Jan93 said:

Hi i really need your opinions,  my fiance from US was convicted with marijuana almost 20 years ago. Would it be a problem he will petition me for a k1 visa.  He's in the process of having the case expunge. 

Shouldn't be a problem if he is honest. He needs to realize that even expunged conviction needs to be revealed. He has to be complete honest about his history. Expunged cases are found in the background checks.

Edited February 2, 2019 by NuestraUnion

[Jan93 0]

Yes he doesnt have a problem telling the truth about his case. Thank you for the response.  Just really worried about it. 

[ourjourney_pc 118]

No.. It will not be a problem.. Just answer all the questions truthfully and submit all the required documents.. 

[JFH 12,189]

Just one conviction all those years ago? Shouldn’t be an issue. And you know all about it, which is good. One thing that is frowned upon is the petitioner hiding such things from the beneficiary.

[JFH 12,189]

*~*~*procedural question moved from “progress reports” to “process and procedures”*~*~*

[Jan93 0]

Yes only 1 conviction.. He was honest about it since the first day i met him.. 

[JFH 12,189]

8 minutes ago, Jan93 said:

Yes only 1 conviction.. He was honest about it since the first day i met him.. 

My husband has a felony from 20 years before I met him. We did a spouse visa so it’s slightky different but it wasn’t an issue although I was asked about it at the embassy interview. 

[Jan93 0]

Did he had it expunged before he got you over? 

[JFH 12,189]

27 minutes ago, Jan93 said:

Did he had it expunged before he got you over? 

No. 

[Chris Duffy 1,256]

1 hour ago, JFH said:

Just one conviction all those years ago? Shouldn’t be an issue. And you know all about it, which is good. One thing that is frowned upon is the petitioner hiding such things from the beneficiary.

Frowned upon by whom?  Beneficary? CO?

 

From what  I have seen CO don't care about misdemeanors

[JFH 12,189]

13 minutes ago, Chris Duffy said:

Frowned upon by whom?  Beneficary? CO?

 

From what  I have seen CO don't care about misdemeanors

Who said anything about a misdemeanor? She just said “marijuana” - could have been a misdemeanor with a gram in his pocket or a felony for transporting 400 pounds of it across a border with the intent to supply. No specifics were given. Suffice it to say, it was serious enough to cause a worry for the OP. 

 

Yes, the COs frown upon situations where beneficiaries are not aware of the specifics of the criminal background of the petitioner. There have been cases where female beneficiaries were not aware of the violent past of the petitioner, for example. In fact, the government is required to make the known criminal activity of the petition available to K-1 applicants

 

https://fam.state.gov/fam/09FAM/09FAM050407.html

 

[Mike E 11,722]

Given 

4 hours ago, Jan93 said:

Hi i really need your opinions,  my fiance from US was convicted with marijuana almost 20 years ago. 

What does that mean?

 

Caught smoking a joint?

 

Arrested for moving a ton of drugs from Mexico?

 

Do you know?

 

Smoking a joint while not driving. Probably no problem.

 

Trafficking drugs.  Probably big problem.  

[carmel34 3,529]

You should be okay as long as he discloses every arrest or conviction.  The question on the I-129F is very clear as to what arrests and convictions need to be disclosed.  Make sure he answers it completely and includes everything from his past that fits the criteria for disclosure.  There have been examples here on VJ of USC fiances who forgot about a little arrest for something many years ago and  it caused problems later on in the process, as everything will be found when the background check is done.  Be completely honest and provide all documentation from the court showing the details of the charges and the outcome.  Good luck with this long process!

[Redheadguy03 505]

16 hours ago, carmel34 said:

You should be okay as long as he discloses every arrest or conviction.  The question on the I-129F is very clear as to what arrests and convictions need to be disclosed.  Make sure he answers it completely and includes everything from his past that fits the criteria for disclosure.  There have been examples here on VJ of USC fiances who forgot about a little arrest for something many years ago and  it caused problems later on in the process, as everything will be found when the background check is done.  Be completely honest and provide all documentation from the court showing the details of the charges and the outcome.  Good luck with this long process!

Disclosing ALL arrests and convictions didn't start until 2017. It used to just be specific crimes. Under the current rules every arrest must be disclosed. Only minor traffic violations don't have to be disclosed. Don't want 

Edited February 3, 2019 by Redheadguy03