Need help for criminal records!

[Marshmallow-E 3]

Hello, everyone! My fiance and I are August 2022 K-1 visa filers and our case is still being processed. My fiance was arrested and charged with drug possession a couple of days ago and has been released. Should we send a letter to USCIS now and explain everything or just wait until we get an RFE? Also, I found out that he has some mental health court records as well. Do these count as criminal records? Should we include this information as well? We were stupid and ignorant when we filed and didn't dig deeper into this. And we marked "no" to the part 3 question4.a. Will this be a huge mistake? Please give us some advice! Thanks 😭

[Boiler 43,441]

Is he the beneficiary or the petitioner.

[Marshmallow-E 3]

1 minute ago, Boiler said:

Is he the beneficiary or the petitioner.

He is the petitioner, sorry about being unclear. 

[W199 264]

You should wait for an RFE.

 

If the mental health records were not part of an arrest record and/or getting finger printed, then you most likely will be fine. 

 

At the embassy level, they may ask to see the criminal records. If the drug case is still pending in court, e.g. there is no disposition, then you probably will have a problem getting approved at the embassy and USCIS level.  Any idea how long it will be before the trial and sentencing?

 

Since you asked for advice, marrying someone with mental health issues and  has unresolved active criminal drug problems is a huge red flag for getting married. 

Edited September 6, 2023 by W199

[Marshmallow-E 3]

15 minutes ago, W199 said:

You should wait for an RFE.

 

If the mental health records were not part of an arrest record and/or getting finger printed, then you most likely will be fine. 

 

At the embassy level, they may ask to see the criminal records. If the drug case is still pending in court, e.g. there is no disposition, then you probably will have a problem getting approved at the embassy and USCIS level.  Any idea how long it will be before the trial and sentencing?

 

Since you asked for advice, marrying someone with mental health issues and  has unresolved active criminal drug problems is a huge red flag for getting married. 

Hi, thanks for your reply! As far as I know, the drug case seems to be dropped and they released him after a 72-hour hold without requesting further procedures. I believe there will not be a trial or sentencing. Sorry that I forgot to mention that his charge is 5th-degree drug possession.

 

As for the old mental health court records, I can not say for sure that there are no fingerprints taken as I don't know further details currently. Could I ask where I can get this information? My fiance is still trying to recover from this incident. I wish I could help with the visa process at least.

 

I appreciate your advice a lot and I am fully aware of what I am doing or whom I am marrying. We have been through a lot together and we have been there for each other all the way. I just hope we can get this visa successfully in the near future.  

[W199 264]

HI

 

Then you will need the court papers that specify the charges were dropped or whatever the case disposition turns out to be. It just can't be pending.

 

He can request his FBI record. If he does it online and through a 3rd party that sends his fingerprints online, then it only takes about 1 day to get it.  Its very fast.  The FBI has instructions and lists the places to get the fingerprints on their webpage.  This will reveal all the standard arrests records, but it not may not reveal everything in the FBI record such as expunged records which the USCIS can still see.

 

Given your case is taking longer than most to process, there might be other complexities in your case they are investigating.  If they deny it, then you could just consider a CR-1 spousal visa.  It shouldn't be much longer before you hear back. My NOA1 was at the end of August 2022, but they processed my case a month ago as well as 84% of all August 2022 cases as of today

Edited September 6, 2023 by W199

[JeanneAdil 6,202]

he was arrested so there will be a court appearance

 

How long do you go to jail for 5th degree drugs in Minnesota?

five years

 

Felony 5th-degree drug possession charges are punishable by up to five years in jail or a fine of up to $10,000, or both. However, the consequences you face outside the justice system may be worse. You may experience difficulty adjusting to life after your conviction. It could be difficult to find work or housing.Aug 7, 2023

[Marshmallow-E 3]

4 minutes ago, W199 said:

HI

 

Then you will need the court papers that specify the charges were dropped or whatever the case disposition turns out to be. It just can't be pending.

 

He can request his FBI record. If he does it online and through a 3rd party that sends his fingerprints online, then it only takes about 1 day to get it.  Its very fast.  The FBI has instructions and lists the places to get the fingerprints on their webpage.  This will reveal all the standard arrests records, but it not may not reveal everything in the FBI record such as expunged records which the USCIS can still see.

 

Given your case is taking longer than most to process, there might be other complexities in your case they are investigating.  If they deny it, then you could just consider a CR-1 spousal visa.  It shouldn't be much longer before you hear back. My NOA1 was at the end of August 2022, but they processed my case a month ago as well as 84% of all August 2022 cases as of today

 

I am very thankful for the information you provided! We will consider a CR-1 visa for sure if we get denied in the future. Congratulations on your NOA2 by the way!

[Marshmallow-E 3]

1 minute ago, JeanneAdil said:

he was arrested so there will be a court appearance

 

How long do you go to jail for 5th degree drugs in Minnesota?

five years

 

Felony 5th-degree drug possession charges are punishable by up to five years in jail or a fine of up to $10,000, or both. However, the consequences you face outside the justice system may be worse. You may experience difficulty adjusting to life after your conviction. It could be difficult to find work or housing.Aug 7, 2023

 

Hi, that's what I am confused about. I spoke to his family and they said he was just let go. They didn't give him any papers. I checked the public records and saw his charge. There isn't much helpful information. State of charge, bail information, and court appearance are all left blank. 

[W199 264]

This is the link to request his FBI record. 

 

https://www.fbi.gov/how-we-can-help-you/more-fbi-services-and-information/identity-history-summary-checks#FBI-Approved-Channeler

 

Using the "FBI-approved channeler" option is the fastest option, and will only take 1 or maybe 2 days in my experience.

 

Its probably too soon for the new charge to appear. 

 

 

[W199 264]

2 hours ago, Marshmallow-e said:

 

Hi, that's what I am confused about. I spoke to his family and they said he was just let go. They didn't give him any papers. I checked the public records and saw his charge. There isn't much helpful information. State of charge, bail information, and court appearance are all left blank. 

You might be able to go online to the criminal court house that has jurisdiction for his case, and search his name to get some basic info.

[Marshmallow-E 3]

7 hours ago, W199 said:

You might be able to go online to the criminal court house that has jurisdiction for his case, and search his name to get some basic info.

Sorry for the late response. I searched on their website and nothing new came up except for those old records I have seen already. We probably need to go to the courthouse to get more information. 

[powerpuff 5,905]

~~ Topic moved from Progress Reports to Process & Procedures ~~

[Mike E 11,723]

16 hours ago, Marshmallow-e said:

We will consider a CR-1 visa

For your protection you should do the CR-1 visa.

 

If you do the K-1 visa:

 

* once you enter the U.S. you are at your husband's mercy to complete the adjustment of status process. At the mercy of a person who has at least two severe illnesses that have a significant probability of influencing his behavior with respect to your immigration process.

* you will be unable to work until you have employment authorization (EAD or green card), and it can take years to get employment authorization

* You will most likely get a 2 year green card. You then have to remove conditions. Given his history, you have consider the possibility that he will not be cooperative at that time, or your marriage might have difficulties

 

If you do the CR-1 visa:

 

* once you enter the U.S., you will get a temporary  green card instantly, and the real green card several months later

* you can time your CR-1 process to ensure that you get a 10 year green card: as long as you enter the U.S. on your CR-1 visa after being married for 2 or more years, you will get a 10 year green card.

* with a 10 year GC, if the marriage does not survive or his illnesses are two difficult for you to cope with, you are free to pursue your own life in the U.S. 

 

The CR-1 process protects you and puts you in a position to help your husband through his illnesses.

[Marshmallow-E 3]

7 minutes ago, Mike E said:

For your protection you should do the CR-1 visa.

 

If you do the K-1 visa:

 

* once you enter the U.S. you are at your husband's mercy to complete the adjustment of status process. At the mercy of a person who has at least two severe illnesses that have a significant probability of influencing his behavior with respect to your immigration process.

* you will be unable to work until you have employment authorization (EAD or green card), and it can take years to get employment authorization

* You will most likely get a 2 year green card. You then have to remove conditions. Given his history, you have consider the possibility that he will not be cooperative at that time, or your marriage might have difficulties

 

If you do the CR-1 visa:

 

* once you enter the U.S., you will get a temporary  green card instantly, and the real green card several months later

* you can time your CR-1 process to ensure that you get a 10 year green card: as long as you enter the U.S. on your CR-1 visa after being married for 2 or more years, you will get a 10 year green card.

* with a 10 year GC, if the marriage does not survive or his illnesses are two difficult for you to cope with, you are free to pursue your own life in the U.S. 

 

The CR-1 process protects you and puts you in a position to help your husband through his illnesses.

 

Thanks for your reply and kindness! I agree that CR-1 visa is a better option for us probably. It was bad timing when we submitted our application last year. I remember back then Chinese travel visas were not available yet due to the pandemic. 

 

I will discuss with my fiance about this. By the way, do we need to withdraw our k-1 case or just switch to CR-1 directly?