How will closed and expunged DCS case affect my processing?

[Amillz54321 2]

How will my closed and expunged Department of Child Services case affect my K-1 visa processing? Should I get a lawyer before I file to be on the safe side? I was convicted of child neglect/abandonment almost 2 years ago. DCI was investigated me by visiting my house but closed the case the same day. I never lost my child or had to go to jail for the conviction. I served 4 hours of community service and the state expunged the case with no state or court costs to pay. Although it is expunged, how will this affect my visa filing process? Will I still need to acknowledge it on my visa filing paper although it’s expunged or is it something that will show up on my background check with the USCIS regardless? I do have court proof of clearance and expungement.

[Crazy Cat 41,978]

Even though it was expunged, you must report it, and you must submit all relevant documentation. There have been cases denied at the interview stage for failing to do so.  Good luck.

[Amillz54321 2]

5 minutes ago, Crazy Cat said:

Even though it was expunged, you must report it, and you must submit all relevant documentation. There have been cases denied at the interview stage for failing to do so.  Good luck.

Okay, will do. I’ll do that and provide the paperwork, and just answer exactly what they ask or need to hear when we cross that bridge. Thank you so much for being so prompt and informative in your responses!

[SalishSea 17,920]

2 hours ago, Amillz54321 said:

How will my closed and expunged Department of Child Services case affect my K-1 visa processing? Should I get a lawyer before I file to be on the safe side? I was convicted of child neglect/abandonment almost 2 years ago. DCI was investigated me by visiting my house but closed the case the same day. I never lost my child or had to go to jail for the conviction. I served 4 hours of community service and the state expunged the case with no state or court costs to pay. Although it is expunged, how will this affect my visa filing process? Will I still need to acknowledge it on my visa filing paper although it’s expunged or is it something that will show up on my background check with the USCIS regardless? I do have court proof of clearance and expungement.

K-1 may not be the way to go in this case.   

[Amillz54321 2]

1 hour ago, Jorgedig said:

K-1 may not be the way to go in this case.   

Which way do you think would be best?

[SalishSea 17,920]

1 hour ago, Amillz54321 said:

Which way do you think would be best?

CR-1.

 

Any criminal history involving a child will likely complicate your I-129F petition approval.

[Ife2020 37]

On 9/2/2021 at 2:11 PM, Amillz54321 said:

How will my closed and expunged Department of Child Services case affect my K-1 visa processing? Should I get a lawyer before I file to be on the safe side? I was convicted of child neglect/abandonment almost 2 years ago. DCI was investigated me by visiting my house but closed the case the same day. I never lost my child or had to go to jail for the conviction. I served 4 hours of community service and the state expunged the case with no state or court costs to pay. Although it is expunged, how will this affect my visa filing process? Will I still need to acknowledge it on my visa filing paper although it’s expunged or is it something that will show up on my background check with the USCIS regardless? I do have court proof of clearance and expungement.

Sooo from what I’ve gathered, doing research, yu shouldn’t over share when filing.The lawyers say it makes you look guilty. Answer the questions that they ask yu.  Write a convincing cover letter that tells a great love story between yu and your fiance’. Keep the focus on your relationship. Include photos of yu, your fiancé’ and your child as a fun loving family.

[Amillz54321 2]

On 9/22/2021 at 6:56 PM, Ife2020 said:

Sooo from what I’ve gathered, doing research, yu shouldn’t over share when filing.The lawyers say it makes you look guilty. Answer the questions that they ask yu.  Write a convincing cover letter that tells a great love story between yu and your fiance’. Keep the focus on your relationship. Include photos of yu, your fiancé’ and your child as a fun loving family.

Great advice! Thank you so much!

[SalishSea 17,920]

1 hour ago, Amillz54321 said:

Great advice! Thank you so much!

Uh, that should not be taken as trying to conceal past legal/criminal issues.  You must fully disclose all of that.