K-1 Fiancé Visa I-129f Part 3, 4.a Question

[Oloza2024 0]

My fiancé and I are planning on filing for a fiancé visa soon. My fiancé is Moroccan I’m the US citizen fiancé, but one of the things we’re unsure about is whether to put yes or no on the I-129f form, part 3, 4.a. My Moroccan fiancé during the pandemic was caught without a mask, he was arrested (they put handcuffs on him and took him to the police station) he says they took his information and his fingerprints, but he was never cited or anything, the police say they took him in because he wasn’t following the city ordinance to wear a mask. But lots of people were taken in for not wearing a mask, according to my fiancé. Should we still disclose it? And will this be a reason for rejection if we do disclose it?

I'd like to also note that he has to get background checks whenever he gets a new job which he’s done on more than 1 occasion and his employers don’t say anything and his background check doesn’t show anything. 

[Crazy Cat 39,312]

You missed the word "arrested".  He was arrested.....The answer is "Yes".  

Edited January 27 by Crazy Cat

[Oloza2024 0]

1 minute ago, Crazy Cat said:

He was arrested.....The answer is "Yes".  

Should it be something to worry about though? He never received any fines, paperwork or physical paper citations, I’m sure he was cited or something but nothing really happened after. 

[Crazy Cat 39,312]

Just now, Oloza2024 said:

Should it be something to worry about though? He never received any fines, paperwork or physical paper citations, I’m sure he was cited or something but nothing really happened after. 

Doesn't sound like a big issue to me.  But you must be truthful.

[Oloza2024 0]

1 minute ago, Crazy Cat said:

Doesn't sound like a big issue to me.  But you must be truthful.

Okay thank you so much, that really helps a lot! (I was really worried about it 😅) I just wanted to make sure since like you said you have to be truthful.  

[JeanneAdil 6,203]

OP

you will need the court disposition for the interview

 

BUT why K1?

for Moroc its the hardest to be assigned interview date and then the chances of approval are low

Go the word portal and read the post from Laura and Hamza

 

Biggest issue now with K1 is the new fees to adjust the status after the US marriage are to go up  to just under $3000 (you can fly to Moroc and marry for that kind of money)/ You can add him next spring to 2024 tax returns as alien resident spouse giving u the double tax allowance.

Many a denied K1 after waiting 2 years for interview return to Moroc and marry which happened to me

 

For either visa you do need quality visits to Moroc to be together 

He will need a solid plan of what he will do in the US (work of study)

 

this is only my opinion , of course,  but the last stats for approved visas in Moroc  show only 18 K1's approved while 39 CR1's  and 74  IR1's were approved 

[JeanneAdil 6,203]

meanwhile please go to the portal and on  timeline  hit the moroc flag so your post will be in our  portal

and after u do whatever petition u decide,  do a timeline 

this helps the VJ community answer any further questions u may come up with and there will be many if u do the K1 and have to AOS here in the USA

[Oloza2024 0]

I appreciate the suggestion, due to our current situation k1 is the best option for us right now. We’re not planning on filing very soon, we’re still looking into other options and doing our own research to make sure we don’t waste time. 

[Crazy Cat 39,312]

9 minutes ago, Oloza2024 said:

due to our current situation k1 is the best option for us right now

You might want to see this:

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1 
  More expensive than CR-1 (K-1s are soon to be extremely expensive)
  Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
  Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months) 
  Spouse can not work until she/he receives EAD (approx 6-8 months) 
  Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period 
  Spouse will not receive Green Card for many months after Adjustment of Status is filed.
  A K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-1
  Less expensive than K-1 
  No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

Edited January 27 by Crazy Cat

[Oloza2024 0]

2 minutes ago, Crazy Cat said:

You might want to see this:

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1 
  More expensive than CR-1 (K-1s are soon to be extremely expensive)
  Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
  Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months) 
  Spouse can not work until she/he receives EAD (approx 6-8 months) 
  Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period 
  Spouse will not receive Green Card for many months after Adjustment of Status is filed.
  A K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-1
  Less expensive than K-1 
  No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

Thank you for this, it really helps alot, I will discuss it with my fiancé again we’re still in the beginning stages of everything. 

[Crazy Cat 39,312]

Just now, Oloza2024 said:

Thank you for this, it really helps alot, I will discuss it with my fiancé again we’re still in the beginning stages of everything. 

I can explain the bold sentence.  The fees for a K-1 adjustment of status are going up soon......by more than 100%.

[Boiler 43,505]

I suppose I will ask the obvious questions

 

Are you also of Moroccan heritage?

 

Same religion?

 

Is he older?

 

How did you meet?

 

How often and how long have you met?

 

[SteveInBostonI130 3,319]

1 hour ago, Oloza2024 said:

I appreciate the suggestion, due to our current situation k1 is the best option for us right now. We’re not planning on filing very soon, we’re still looking into other options and doing our own research to make sure we don’t waste time. 

 

Normally this is fine for most countries - the difference between K1 and CR1 is mostly cost and convenience (CR1 is superior).

 

However, please research K1's for Morocco.  There are several stories here and more in other social platforms of couples being denied K1's.  The success rate is not good.

[JeanneAdil 6,203]

52 minutes ago, Boiler said:

I suppose I will ask the obvious questions

 

Are you also of Moroccan heritage?

 

Same religion?

 

Is he older?

 

How did you meet?

 

How often and how long have you met?

 

those are good points as the CO looks at all those (although a Muslim man can marry Christainn or Jewish girl)

check out the following for what issues are considered red flags

https://www.nolo.com/legal-encyclopedia/red-flags-that-make-uscis-suspect-marriage-fraud.html

 

and add they also will want to know if the USC woman is of child bearing age as its important to have children in their culture

[J.M. 107]

The criminal background questions on the I-129f are about the criminal background of the petitioner, not the beneficiary.  You are not answering for his background, only your own.  His background will come up later, in the form of a police certificate and court record.