Criminal record

[Chirpy corner 1]

I have a background that is not good but not bad..im not a violent offender but was a person that just didnt care what outcome of my life was..doing stupid things was a habit..i have many arrest for silly things of course it took many years to straighten out but God took me away from all that and blessed me with finances and a very special filippino lady i love dearly..when filling out k1 visa forms they ask for criminal records even though not violent they want them..should i do as they ask and supply and hope for the best or should we apply k3 marriage visa?? I would think if we were married and she had no background they couldnt refuse an American born citizenhis wifes visa...please help

[Crazy Cat 39,257]

K3 visas are gone.  Don't even bother.  You MUST comply with the disclosure requirements.  Failure to do so will, very likely, result in a denial.  Whether you file for a K-1 or you marry and file for a CR-1, USCIS and the consulate WILL run background checks on both of you.  Failing to properly disclose can bite you at any time during the process.

Yes, they can deny an American born citizen's wife's visa.  

Either comply with what they require...or pay the consequences..... It's your money and your time.  Good luck.  

Edited May 25, 2022 by Crazy Cat

[Rocio0010 5,565]

25 minutes ago, Chirpy corner said:

I would think if we were married and she had no background they couldnt refuse an American born citizenhis wifes visa

Mmm yeah, they could. Of course you have to disclose it.

[Dashinka 23,247]

I agree with the above, trying to hide things from USCIS is not the right strategy.  The petitioner's/USC criminal record is generally not an issue unless there are crimes related to the Adam Walsh Act or crimes against minors.  There are petitioners in prison that file for a spouse.  I assume your fiancé is aware of everything as they could be asked about it at the interview.  Additionally as others have said, foreign spouses of USCs are denied visas all the time for a myriad of reasons. 

 

I would recommend taking the spousal visa route not because of your situation, but because it is by far a superior visa.

 

Good Luck!

 

https://www.nolo.com/legal-encyclopedia/which-crimes-make-u-s-citizens-and-lawful-permanent-residents-ineligible-to-file-i-130-petition-for-immigrant.html

[canadian_wife 1,791]

44 minutes ago, Chirpy corner said:

 I would think if we were married and she had no background they couldnt refuse an American born citizenhis wifes visa...please help

There is no right for you to bring a wife to t he US from a foreign county.  For some reason, that is a common misconception.

Please start your research and PLEASE make sure your girlfriend knows about your past.

Good luck 

[Chirpy corner 1]

I have discussed my past with her and its not an issue..I would never hide anything from her..we have everything together to file the k1 except criminal background info. I need help with that..i dont know who to ask for help to get info together..i dont mind paying someone to help but im afraid of being scammed..please help

[Crazy Cat 39,257]

2 minutes ago, Chirpy corner said:

I have discussed my past with her and its not an issue..I would never hide anything from her..we have everything together to file the k1 except criminal background info. I need help with that..i dont know who to ask for help to get info together..i dont mind paying someone to help but im afraid of being scammed..please help

The instructions for the I-129f explain what to provide:

 

https://www.uscis.gov/sites/default/files/document/forms/i-129finstr.pdf

[SalishSea 16,772]

5 minutes ago, Chirpy corner said:

I have discussed my past with her and its not an issue..I would never hide anything from her..we have everything together to file the k1 except criminal background info. I need help with that..i dont know who to ask for help to get info together..i dont mind paying someone to help but im afraid of being scammed..please help

This is a DIY site.  As such, most of us have done our entire processes ourselves.

 

If you are worried about the criminal background, or if you have trouble comprehending forms, you may want to find a local immigration lawyer.

 

Have you met in person within the past two years?

[Chirpy corner 1]

Yes we have met i just got back home from filippines..i feel bad asking for help but we have gone to great extrems to make sure and do everything right on papers and im afraid of messing this up there are alot of cases..i guess i need to just get started and give them exact what they want any suggestions how to go about each case and what to give them on .. i trust God to help me and give me guiedence 

[Dashinka 23,247]

47 minutes ago, Chirpy corner said:

Yes we have met i just got back home from filippines..i feel bad asking for help but we have gone to great extrems to make sure and do everything right on papers and im afraid of messing this up there are alot of cases..i guess i need to just get started and give them exact what they want any suggestions how to go about each case and what to give them on .. i trust God to help me and give me guiedence 

Just relax, the forms are fairly clear, and the process is relatively simple.  The VJ community is here to help with specific questions, but if you feel more comfortable with a service or lawyer, that's fine as well, but keep in mind, the petitioner and the beneficiary should be very familiar with the process and the forms to stay on top of anything that will be submitted in their name(s).

 

Good Luck!

[AlaMike 217]

1 hour ago, Chirpy corner said:

I have discussed my past with her and its not an issue..I would never hide anything from her..we have everything together to file the k1 except criminal background info. I need help with that..i dont know who to ask for help to get info together..i dont mind paying someone to help but im afraid of being scammed..please help

As for help... The US officials will want the actual case summary for each arrest. This will show all the what, where and how's about each case.

You should be able to get this from the court house where the case was handled. 

Do not assume that they will not find out about EVERYTHING.

See Part 3. Other Information of the I-129 application for specifics about reporting criminal history.

[Chirpy corner 1]

Thank you for the encouragement..i will go to courthouse and ask for all documentation on each case and submit it all...we will win this battle in Jesus name...if i have any more concers i will ask here not attorney...thank you so so much for the chats...

[African Zealot 1,452]

In your situation I won’t recommend a K1. Marry her and do the marriage route. You don’t want to waste a year and half only to be denied and have to start the marriage option.

[Carpe Vinum 2,310]

I attended the embassy interview with my wife in 2019. I could hear most of the other interviews. Interviewees were asked questions about if they knew about past criminal offenses and restraining orders. Don't hide anything from the USCIS, the embassy or your future bride.