K1 petitioner with criminal record

[Hopefull25 1]

Hello, I have a big question and not sure it can even be answered here? I have a filipina girlfriend for 2 years now and have been there for month long visits 3 times now... the last trip we decided to get married... I came back to the u.s. and started to gather the documents needed... I had all but forgotten my criminal history... I got my FBI file and my state history.. I looked through it and realized I was in trouble with the process...I had a bad spell in my life 25 years ago... 3 dui.... no felony and a domestic and simple assault... I know it sounds bad but I didn't hurt anyone.. but yes under the letter of the law I was guilty... I slapped a guy in my early 20s and during an argument I grabbed my wife.. 

 My question is... do I have any hope of approval for the k-1 to bring my fiance from the Philippines to the u.s.?

 I am not the same person I once was and have had a good productive life since... 20 years at the same job.. I own a home... it's the only issue I have.... my past.

[hplusj 573]

1 hour ago, Hopefull25 said:

Hello, I have a big question and not sure it can even be answered here? I have a filipina girlfriend for 2 years now and have been there for month long visits 3 times now... the last trip we decided to get married... I came back to the u.s. and started to gather the documents needed... I had all but forgotten my criminal history... I got my FBI file and my state history.. I looked through it and realized I was in trouble with the process...I had a bad spell in my life 25 years ago... 3 dui.... no felony and a domestic and simple assault... I know it sounds bad but I didn't hurt anyone.. but yes under the letter of the law I was guilty... I slapped a guy in my early 20s and during an argument I grabbed my wife.. 

 My question is... do I have any hope of approval for the k-1 to bring my fiance from the Philippines to the u.s.?

 I am not the same person I once was and have had a good productive life since... 20 years at the same job.. I own a home... it's the only issue I have.... my past.

Personally, I would focus on marrying your fiancee and working towards a spousal visa.  There are many reasons other than your record to do this currently.  

[Hopefull25 1]

48 minutes ago, hplusj said:

Personally, I would focus on marrying your fiancee and working towards a spousal visa.  There are many reasons other than your record to do this currently.  

Ok.. and what may those reasons be? Thanks in advance 

[TBoneTX 47,502]

56 minutes ago, Hopefull25 said:

Ok.. and what may those reasons be? Thanks in advance 

See the comparison, as compiled by our fine member Crazy Cat:

K-1        
    More expensive than CR-1    
    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

 

CR-1
    Less expensive than K-1    
    No Adjustment of Status (I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the U.S.
    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.

[Edward and Jaycel 1,914]

I would agree with those above that the Spousal Visa is a superior option (This coming from a Phil-Am couple that went the K-1 route ) However, if you do decide to pursue the K-1 route, be sure to disclose your history AND provide court certified disposition of the cases with your filing. It does not seem that any of your past includes violations under the AWA so I would imagine that you will be ok. However, I am not an attorney, this is not legal advice and you may want to pay for a consult with a reputable immigration lawyer and discuss this before filing the I-129F, if you go that route. I had a conviction from when I was a young idiot 30+ years ago. Nothing violent or drug related under the "Special Offenses" listed on the I-129F. I was approved after an RFE for the court docs which I then provided. (I did not read the instructions for the I-129F carefully enough and while I DID disclose my conviction on the petition, I neglected to provide the court documents with the initial filing - Learn from my mistake ) Good luck, stay in the community here at VJ - it's an amazing support group - and let us know how you decide to proceed!

[Hopefull25 1]

1 hour ago, Edward and Jaycel said:

I would agree with those above that the Spousal Visa is a superior option (This coming from a Phil-Am couple that went the K-1 route ) However, if you do decide to pursue the K-1 route, be sure to disclose your history AND provide court certified disposition of the cases with your filing. It does not seem that any of your past includes violations under the AWA so I would imagine that you will be ok. However, I am not an attorney, this is not legal advice and you may want to pay for a consult with a reputable immigration lawyer and discuss this before filing the I-129F, if you go that route. I had a conviction from when I was a young idiot 30+ years ago. Nothing violent or drug related under the "Special Offenses" listed on the I-129F. I was approved after an RFE for the court docs which I then provided. (I did not read the instructions for the I-129F carefully enough and while I DID disclose my conviction on the petition, I neglected to provide the court documents with the initial filing - Learn from my mistake ) Good luck, stay in the community here at VJ - it's an amazing support group - and let us know how you decide to proceed!

Thank you for your reply and information... greatly appreciated