Old convictions and bench warrant - will we get denied?

[veryconcerned 0]

I am looking to get a k-1 visa for my fiancé who is from the UK. I noticed when I was filling out the forms that it asks about criminal records, which is very concerning to me. Specifically that it asks if you've been convicted of controlled substances or alcohol related crimes more than three times - which I have. I've been arrested for possession of marijuana 4 times. Once as a minor and three times as an adult. There was also another time that I got caught with it where i didn't get arrested, but I had to go to court and pay fines. Would this number of convictions get us rejected? I also did a background check through the court system of the state where I got arrested and ran into some problems with that. One of the arrests didn't show up at all and it turns out that I also have an active bench warrant from 20 years ago where I was sentenced to go to rehab and instead moved out of state and never went back to court.

 

I'm super stressed over this because I don't know if those things will get us denied and I have no idea how to get the records I need to send when I send in the K-1 visa application. I thought doing the background check would get me all the case numbers and that I could somehow use those to get relevant documents, but I don't know what to do about the arrest that didn't show up on the background check or what to do about the ones from when I was a minor and the one where I was never arrested since those were never put on my record.

[SalishSea 18,462]

2 hours ago, veryconcerned said:

I am looking to get a k-1 visa for my fiancé who is from the UK. I noticed when I was filling out the forms that it asks about criminal records, which is very concerning to me. Specifically that it asks if you've been convicted of controlled substances or alcohol related crimes more than three times - which I have. I've been arrested for possession of marijuana 4 times. Once as a minor and three times as an adult. There was also another time that I got caught with it where i didn't get arrested, but I had to go to court and pay fines. Would this number of convictions get us rejected? I also did a background check through the court system of the state where I got arrested and ran into some problems with that. One of the arrests didn't show up at all and it turns out that I also have an active bench warrant from 20 years ago where I was sentenced to go to rehab and instead moved out of state and never went back to court.

 

I'm super stressed over this because I don't know if those things will get us denied and I have no idea how to get the records I need to send when I send in the K-1 visa application. I thought doing the background check would get me all the case numbers and that I could somehow use those to get relevant documents, but I don't know what to do about the arrest that didn't show up on the background check or what to do about the ones from when I was a minor and the one where I was never arrested since those were never put on my record.

You are the USC petitioner, correct?

 

I am not a lawyer, but my observation is that the petitioner’s criminal background MUST be disclosed, and that unless the crimes involve AWA type offenses, it generally is not a barrier to petitioning someone.   USCIS is more concerned with the type of behaviors/crimes that could hurt a beneficiary or their minor child.

 

Be honest in all your dealings with USCIS, and consult a lawyer if you feel you need to.  You will want to get copies of your criminal records and all court records.  You can also order an FBI background check on yourself.

 

Transparency and disclosing everything up front is the way to go.

[Family 4,286]

10 hours ago, veryconcerned said:

I am looking to get a k-1 visa for my fiancé who is from the UK. I noticed when I was filling out the forms that it asks about criminal records, which is very concerning to me. Specifically that it asks if you've been convicted of controlled substances or alcohol related crimes more than three times - which I have. I've been arrested for possession of marijuana 4 times. Once as a minor and three times as an adult. There was also another time that I got caught with it where i didn't get arrested, but I had to go to court and pay fines. Would this number of convictions get us rejected? I also did a background check through the court system of the state where I got arrested and ran into some problems with that. One of the arrests didn't show up at all and it turns out that I also have an active bench warrant from 20 years ago where I was sentenced to go to rehab and instead moved out of state and never went back to court.

 

I'm super stressed over this because I don't know if those things will get us denied and I have no idea how to get the records I need to send when I send in the K-1 visa application. I thought doing the background check would get me all the case numbers and that I could somehow use those to get relevant documents, but I don't know what to do about the arrest that didn't show up on the background check or what to do about the ones from when I was a minor and the one where I was never arrested since those were never put on my record.

Good job running your own FBI prints ! Rest is easy, just remember the important part is to get a Letter from each agency’s Custodian of Records …even if that letter says No Record, it will suffice.

 

List out each four events , write a super short description ( just like in your post) on last page of I-129 F or separate addendum page along with relevant Court Response.

Event 1. Minor ( google juvenile court for that state and send written request for certified records , include as much detail as you recall , approx year/date range , all name variations, city /court and outcome ). You’ll get a response that will say either no record or records sealed. Nothing else needed

 

2-4. Repeat written request for all others , including the one that does not show on rap sheet. You know the state, city , approximate date …and can send in request for police report to arresting agency ( sheriff or police dept) …again google is your friend cause they have custodian of records protocol and address .

You need to deal with the active Bench Warrant …but it will not affect your immigration case. Just make sure your beloved knows your history and is also a Cheech and Chong fan 😂

 

Call in advance to see if the have preferred days /times so you can show up there and surrender so that you can get warrant recalled/cleared . Then you’ll get a court date and can take care of it.  Example in link 

 

https://docs.oklahomacounty.org/sheriff/surrender/