K1 and criminal record

[mochitw 0]

Hi everyone 

Me and my bf is going to apply K1 visa. 

He is US citizen (sponsor) and I’m Taiwanese (beneficiary).

There’s a part of I129 form is asking about sponsor’s criminal record.

My bf was caught drunk driving when he was 20 years old. Which is 30 years ago.

He got caught when he was almost home and was sent to jail for 1 night.

Should we worry about this record ? He wrote what exactly he done on i129 form but does he need to apply police criminal record to file with the forms? 

Will this become a serious problem on our K1 application? 

Thank you. 

Edited August 21, 2019 by mochitw

[ilovelondon 22]

no problem

[Ethan & Shannon 385]

1 hour ago, mochitw said:

Hi everyone 

Me and my bf is going to apply K1 visa. 

He is US citizen (sponsor) and I’m Taiwanese (beneficiary).

There’s a part of I129 form is asking about sponsor’s criminal record.

My bf was caught drunk driving when he was 20 years old. Which is 30 years ago.

He got caught when he was almost home and was sent to jail for 1 night.

Should we worry about this record ? He wrote what exactly he done on i129 form but does he need to apply police criminal record to file with the forms? 

Will this become a serious problem on our K1 application? 

Thank you. 

If he can easily obtain the record it would be good to include it in the application to avoid a potential RFE. Other than that, you've been honest in your application and there won't be a problem.

[TandClaudia 330]

1 hour ago, ilovelondon said:

no problem

 

20 minutes ago, Ethan & Shannon said:

If he can easily obtain the record it would be good to include it in the application to avoid a potential RFE. Other than that, you've been honest in your application and there won't be a problem.

 

I respectfully disagree.

 

I don't want @mochitw to receive an RFE like so many others have received.  I'm 99% sure they will send an RFE if they don't do the following:

 

Please ask your fiancé to get a certified copy of the charges from the court and sent the original to USCIS.  There will be stamps and seals on this document.  Just marking the box is not enough.  USCIS wants to see the final disposition of any criminal charge that is not a minor traffic offense.

Edited August 21, 2019 by TandClaudia

[Ethan & Shannon 385]

17 minutes ago, TandClaudia said:

 

 

I respectfully disagree.

 

I don't want @mochitw to receive an RFE like so many others have received.  I'm 99% sure they will send an RFE if they don't do the following:

 

Please ask your fiancé to get a certified copy of the charges from the court and sent the original to USCIS.  There will be stamps and seals on this document.  Just marking the box is not enough.  USCIS wants to see the final disposition of any criminal charge that is not a minor traffic offense.

What do you disagree with? I said they should submit it if they can. The main thing is that they have checked the correct box, a RFE isn't the end of the world.

 

Again, OP has been honest in their application and there wont be a problem, but a RFE can occur if they don't submit the court record with the application, and then they have to submit it after getting a RFE. I'm trying to let OP know that the criminal record isn't something to worry about in terms of obtaining a visa, it's not something that is going to get them denied because the crime is not as severe or frequent enough.

[ilovelondon 22]

4 hours ago, TandClaudia said:

 

 

I respectfully disagree.

 

I don't want @mochitw to receive an RFE like so many others have received.  I'm 99% sure they will send an RFE if they don't do the following:

 

Please ask your fiancé to get a certified copy of the charges from the court and sent the original to USCIS.  There will be stamps and seals on this document.  Just marking the box is not enough.  USCIS wants to see the final disposition of any criminal charge that is not a minor traffic offense.

yes.I  just remembered we.were RFE because of

 

5 hours ago, ilovelondon said:

no problem

 

5 hours ago, mochitw said:

Hi everyone 

Me and my bf is going to apply K1 visa. 

He is US citizen (sponsor) and I’m Taiwanese (beneficiary).

There’s a part of I129 form is asking about sponsor’s criminal record.

My bf was caught drunk driving when he was 20 years old. Which is 30 years ago.

He got caught when he was almost home and was sent to jail for 1 night.

Should we worry about this record ? He wrote what exactly he done on i129 form but does he need to apply police criminal record to file with the forms? 

Will this become a serious problem on our K1 application? 

Thank you. 

yes.I  just remembered we.were RFE because of missing court record

[TandClaudia 330]

I meant no offense, @Ethan & Shannon and thanks for responding.

 

When I first joined this board, I clearly remember two people who mentioned something about having a "minor criminal offense" 20 years ago, and them being adamant about not sending in the criminal record, because it was so minor.  Fast forward 3 months and they were in a thread wondering why they were receiving an RFE from USCIS. 

 

Since then, helping people avoid RFEs for Criminal Records and Divorce Records has been my thing.  That, and dealing with Venezuelan "tramites."

 

I agree with you.  An RFE isn't the end of the world.  If we can help people avoid them, we help the members here get to their loved ones a little quicker, and we help reduce USCIS caseload.

[mochitw 0]

15 minutes ago, TandClaudia said:

I meant no offense, @Ethan & Shannon and thanks for responding.

 

When I first joined this board, I clearly remember two people who mentioned something about having a "minor criminal offense" 20 years ago, and them being adamant about not sending in the criminal record, because it was so minor.  Fast forward 3 months and they were in a thread wondering why they were receiving an RFE from USCIS. 

 

Since then, helping people avoid RFEs for Criminal Records and Divorce Records has been my thing.  That, and dealing with Venezuelan "tramites."

 

I agree with you.  An RFE isn't the end of the world.  If we can help people avoid them, we help the members here get to their loved ones a little quicker, and we help reduce USCIS caseload.

Thank you for responding. Now I know criminal record is necessary. But We don’t have it right now and I read it criminal record could take 3-6 weeks to receive is that right? Do you suggest we just wait for it ? Because that’s the only thing we don’t have. Or I can send the forms to USCIS first and then when I receive RFE I send them criminal record too.

i guess my question is would it be any sooner if I sent i129 forms first no matter files are complete or not.

And I have other  small question, about my bf’s divorce decrees. He said that we can just sent the copies because they ( the court or whatever ) have the original divorce decrees , that’s no way we could get the original one is that correct?

thank you for helping! 

[TandClaudia 330]

For the I-129, copies of the Divorce Decree are acceptable.  For the interview, quite a few embassies want originals with the stamps, seals, and signatures.  

 

I cant advise you to send the I-129F without the criminal disposition info.  You and your fiancée will have to make that decision.  

 

If he calls the county clerks office where he was arrested, he MAY be able to get them to expedite things.  I had a criminal issue in rural Southern Illinois and was able to get my disposition in 5 days.  

[mochitw 0]

3 hours ago, ilovelondon said:

yes.I  just remembered we.were RFE because of

 

 

yes.I  just remembered we.were RFE because of missing court record

thank you for sharing your experience.

Did RFE took much longer to get K1 visa than it was supposed to? 

[ilovelondon 22]

26 minutes ago, mochitw said:

thank you for sharing your experience.

Did RFE took much longer to get K1 visa than it was supposed to? 

yes..it need a little more time

[SalishSea 16,745]

3 hours ago, mochitw said:

Thank you for responding. Now I know criminal record is necessary. But We don’t have it right now and I read it criminal record could take 3-6 weeks to receive is that right? Do you suggest we just wait for it ? Because that’s the only thing we don’t have. Or I can send the forms to USCIS first and then when I receive RFE I send them criminal record too.

i guess my question is would it be any sooner if I sent i129 forms first no matter files are complete or not.

And I have other  small question, about my bf’s divorce decrees. He said that we can just sent the copies because they ( the court or whatever ) have the original divorce decrees , that’s no way we could get the original one is that correct?

thank you for helping! 

Don't send the petition until you have ALL of the documents.  In the past, they would simply issue and RFE, but recently the adjudicators have begun denying incomplete petitions outright, to stop people from doing just that (i.e. 'placeholder' applications).

[mochitw 0]

22 minutes ago, Jorgedig said:

Don't send the petition until you have ALL of the documents.  In the past, they would simply issue and RFE, but recently the adjudicators have begun denying incomplete petitions outright, to stop people from doing just that (i.e. 'placeholder' applications).

Thank you for advising❤️

Just want to make sure ... so I’ll be sending the files below to USCIS.

did I miss anything?

 

Cover letter 

I-129f

G-1145f

Letter of intent

Birth certificate(sponsor)

Divorce decrees(sponsor)

Criminal record(sponsor)

Proof of relationship

Passport Photo(both of us)

A check for the amount of $535

[SalishSea 16,745]

4 minutes ago, mochitw said:

Thank you for advising❤️

Just want to make sure ... so I’ll be sending the files below to USCIS.

did I miss anything?

 

Cover letter 

I-129f

G-1145f

Letter of intent

Birth certificate(sponsor)

Divorce decrees(sponsor)

Criminal record(sponsor)

Proof of relationship

Passport Photo(both of us)

A check for the amount of $535

'Proof of relationship' isn't a thing, but you do need evidence of meeting in person (at least once) within the two years prior to filing.  The best evidence is passport stamps and boarding passes.

 

If the beneficiary has been married previously, a decree absolute would be required as well.

[SalishSea 16,745]

Btw, if you fill out your timeline, you will get more specific info for your consulate.   Some people who go through high-fraud or notoriously difficult consulates 'front load' the petition with evidence prophylactically.