Applying for K1 When Petitioner (Me) Has Very Old Petty Drug Charges

[robear 4]

Hi!

 

My Fiancé [New Zealand] and I [USA petitioner] are beginning our Visa Journey to bring her from New Zealand to USA. We have done a lot of research and have figured out most of the process and begun gathering information and creating our K1 application but we have one potentially serious problem which it has proven difficult to get specific information about handling, namely my old drug charges from over 25 years ago when I was in high school. These drug charges are the following: 1) (1997) Possession of Controlled Substance, Marijuana under 28 grams 2) (1998)Possession of Drug Paraphernalia (Pot Pipe).

 

I have not yet been able to dig up the court records for these charges, but my memory is that both charges were expunged after attending 'drug school', a short 3 day out-patient drug education program. I have not been in any trouble at all since then and have had a respectable career. I can get things like letters of recommendation from scientists, engineers, law enforcement personnel and others from my personal network if this can help us.

 

We want to try and file our own K1 application because we are relatively poor and like to DIY when possible. We are also considering the CR1 visa application process instead if it is less likely to result in these old charges being an issue, but we want to be together as soon as possible and currently believe the K1 process will be faster. If required I will take a loan to hire an immigration lawyer.

 

Can anyone help us with stories of how they overcame similar petty offenses long in the past or potentially advice on finding more specific information or leads for a lawyer that would be experienced in such matters?

 

Thanks so much for any help, advice or leads anyone here can offer and the best of luck on your own visa journeys!

 

Robear & Moss

Edited July 25 by robear

[Cw1977 150]

59 minutes ago, robear said:

Hi!

 

My Fiancé [New Zealand] and I [USA petitioner] are beginning our Visa Journey to bring her from New Zealand to USA. We have done a lot of research and have figured out most of the process and begun gathering information and creating our K1 application but we have one potentially serious problem which it has proven difficult to get specific information about handling, namely my old drug charges from over 25 years ago when I was in high school. These drug charges are the following: 1) (1997) Possession of Controlled Substance, Marijuana under 28 grams 2) (1998)Possession of Drug Paraphernalia (Pot Pipe).

 

I have not yet been able to dig up the court records for these charges, but my memory is that both charges were expunged after attending 'drug school', a short 3 day out-patient drug education program. I have not been in any trouble at all since then and have had a respectable career. I can get things like letters of recommendation from scientists, engineers, law enforcement personnel and others from my personal network if this can help us.

 

We want to try and file our own K1 application because we are relatively poor and like to DIY when possible. We are also considering the CR1 visa application process instead if it is less likely to result in these old charges being an issue, but we want to be together as soon as possible and currently believe the K1 process will be faster. If required I will take a loan to hire an immigration lawyer.

 

Can anyone help us with stories of how they overcame similar petty offenses long in the past or potentially advice on finding more specific information or leads for a lawyer that would be experienced in such matters?

 

Thanks so much for any help, advice or leads anyone here can offer and the best of luck on your own visa journeys!

 

Robear & Moss

 

YOUR criminal convictions are largely irrelevant (unless you have very serious offences, ie SA against children)

 

You won’t even be asked to produce any evidence or certificate of your previous history, so you’re good to go. 
 

however DEFINITELY consider getting married and filing the i130 rather than k1 if you can. It has so many more benefits and means your wife can start her new life immediately on arrival (albeit 18 months from filing) and start work etc, whereas with K1 she will be waiting a long time once in US and can’t work and will be entirely dependant on you

[robear 4]

1 minute ago, Cw1977 said:

You won’t even be asked to produce any evidence or certificate of your previous history, so you’re good to go. 

 

Hey! Thank you for the input. 

 

This would be great news for us, but it seems to conflict with information we have seen on various immigration lawyer websites, and especially in the google AI auto-summaries to queries about this topic. 

 

We are currently under the impression that I need to:

1. Disclose any criminal record even if its sealed or expunged
2. Attempt to dig up any court records related - and...
3. If i cannot get the records get letters from the county court and have a county clerk sign them which explain that I cannot get these records.

Is that incorrect? Perhaps this only applies to the foreign fiancé, not the US citizen partitioner? My fiancé has no criminal record at all. Do you happen to know where I could find documentation referencing this topic from UCIS or other relevant agencies?

 

Thank you for the input!

[Cw1977 150]

2 hours ago, robear said:

 

Hey! Thank you for the input. 

 

This would be great news for us, but it seems to conflict with information we have seen on various immigration lawyer websites, and especially in the google AI auto-summaries to queries about this topic. 

 

We are currently under the impression that I need to:

1. Disclose any criminal record even if its sealed or expunged
2. Attempt to dig up any court records related - and...
3. If i cannot get the records get letters from the county court and have a county clerk sign them which explain that I cannot get these records.

Is that incorrect? Perhaps this only applies to the foreign fiancé, not the US citizen partitioner? My fiancé has no criminal record at all. Do you happen to know where I could find documentation referencing this topic from UCIS or other relevant agencies?

 

Thank you for the input!

I did CR1 so can’t speak first hand for k1, but my understanding is they check the sponsor (you don’t need to provide any evidence etc) but provided it’s not a serious crime as mentioned, there’s no issue

 

these are the crimes covered by the act that would potentially bar you:

 

 

Crimes Covered by the Adam Walsh Act

The Adam Walsh Act applies to crimes committed against children, generally defined as victims under 18. Most of these offenses have a violent or sexual nature. They include solicitation, solicitation for prostitution, child pornography, voyeurism, internet sex crimes involving a minor, kidnapping, and false imprisonment, among others. Kidnapping and false imprisonment are not included if a parent committed the crime. The Adam Walsh Act also covers any convictions in foreign countries of equivalent crimes, unless the legal system in the foreign country did not give the defendant a fair trial. 

 

 

You should have no issue 

Edited July 25 by Cw1977

[smilingstone 630]

2 hours ago, robear said:

 

Hey! Thank you for the input. 

 

This would be great news for us, but it seems to conflict with information we have seen on various immigration lawyer websites, and especially in the google AI auto-summaries to queries about this topic. 

 

We are currently under the impression that I need to:

1. Disclose any criminal record even if its sealed or expunged
2. Attempt to dig up any court records related - and...
3. If i cannot get the records get letters from the county court and have a county clerk sign them which explain that I cannot get these records.

Is that incorrect? Perhaps this only applies to the foreign fiancé, not the US citizen partitioner? My fiancé has no criminal record at all. Do you happen to know where I could find documentation referencing this topic from UCIS or other relevant agencies?

 

Thank you for the input!

 

You absolutely need to do all that. 

 

But as already said, as the petitioner you will not face much, if any, scrutiny for the charges you detailed. 

 

Beneficiary will still have to produce whatever documents are required to evidence that they have no criminal history. 

[Crazy Cat 44,600]

3 hours ago, robear said:

Disclose any criminal record even if its sealed or expunged

Absolutely correct.  If you fail to disclose, even if expunged, you risk a swift denial at the interview stage.  It has happened to VJ members.  

[mam521 2,573]

If asked, you must be honest.  This is pretty much key with this whole process.  

 

How long have you been together and how many times have you seen one another in person?  Any reason you're thinking K1 instead of CR1?  

[Edward and Jaycel 1,964]

7 hours ago, Cw1977 said:

You won’t even be asked to produce any evidence or certificate of your previous history, so you’re good to go. 

 

Please don't take offense, but this statement is completely inaccurate. I got an RFE from USCIS on my I-129F petition just a year ago because, while I disclosed a minor conviction I had from more than 30 years ago on the petition, I did not provide a certified court disposition for it. USCIS required that I provide a certified court disposition of the case before they would approve the I-129F. You must disclose and provide certified court dispositions for all charges on the I-129F petition filing. If the court has no record, you must provide a certified letter from the court stating that they have no record and you are instructed to give a statement about the incident, the charges and the disposition.

[Edward and Jaycel 1,964]

7 hours ago, robear said:

We are currently under the impression that I need to:

1. Disclose any criminal record even if its sealed or expunged
2. Attempt to dig up any court records related - and...
3. If i cannot get the records get letters from the county court and have a county clerk sign them which explain that I cannot get these records.

 

This is is absolutely correct for the US Citizen petitioner with a clarification that on #2 you dig up Certified Court Records if possible and if not available you proceed to #3 and ask them to sign and seal the letters

[Cw1977 150]

9 hours ago, Edward and Jaycel said:

 

Please don't take offense, but this statement is completely inaccurate. I got an RFE from USCIS on my I-129F petition just a year ago because, while I disclosed a minor conviction I had from more than 30 years ago on the petition, I did not provide a certified court disposition for it. USCIS required that I provide a certified court disposition of the case before they would approve the I-129F. You must disclose and provide certified court dispositions for all charges on the I-129F petition filing. If the court has no record, you must provide a certified letter from the court stating that they have no record and you are instructed to give a statement about the incident, the charges and the disposition.

interesting. Thank you for clarifying. My wife didn’t have to produce anything or any paperwork and we were approved without issue. 
 

but if my comment was wrong, I stand corrected. 

[Edward and Jaycel 1,964]

5 minutes ago, Cw1977 said:

interesting. Thank you for clarifying. My wife didn’t have to produce anything or any paperwork and we were approved without issue. 
 

but if my comment was wrong, I stand corrected. 

 

Your wife is the US Citizen? If so, did she disclose her criminal history on the I-129F Petition?

[robear 4]

9 hours ago, Edward and Jaycel said:

This is is absolutely correct for the US Citizen petitioner with a clarification that on #2 you dig up Certified Court Records if possible and if not available you proceed to #3 and ask them to sign and seal the letters

Ed & Jay,

 

Thank you for taking the time to help us clarify our requirements. 

 

As of now I am very intimidated by the process of digging up these records from Chicago Cook County where I lived in high school, but will be doing my best to go through the process starting on the upcoming Monday.  Some initial research has resulted in a lot of uncertainty. One of my arrests happened while I was a minor and the other was such a small offense I am anticipating it being impossible to get the records easily. I am imagining I will be up against a very indifferent and difficult court system with the Chicago courts. Doing it without a lawyer and significant uncertainty is looking harder and harder.

 

Additionally I now feel compelled to try and explain myself in a sort of narrative letter to the USCIS examiners, but am unsure how to do so properly as none of the general guides or YouTube videos explain how to do so, again making me feel pressure to get a potentially expensive lawyer.

 

Hearing from some people who had similar petty charges and anything it impacted them would really put our minds at ease.

 

Thank you again and good luck on your efforts if you are still going through the process and congratulations if you suceeded!

 

Robear & Moss

 

 

[robear 4]

10 hours ago, mam521 said:

If asked, you must be honest.  This is pretty much key with this whole process.  

 

How long have you been together and how many times have you seen one another in person?  Any reason you're thinking K1 instead of CR1?  

 

It is unclear if we are 'being asked' in the initial application or what stage it might be asked at, but we certainly want to do everything correctly and throw ourselves on the mercy of the process. 

 

We will have been together around a year when we apply and will have met 3 times for a total of 5-8 months together in person out of the last year. More specifically, so far it has been 9 months and I visited for a month, then she visited for the 3 months the regular tourist visa allowed. We are considering the K1 over CR1 because it will allow her to most likely be here within 7-12 months as where the CR1 looks like it could take 12 to 24 months before she can be here. Her being able to work here immediately isnt that important to us.

 

If my criminal record makes the CR1 more likely to be a smooth process, potentially because it appears they do a background check freeing me from having to dig up these records myself from the large and likely difficult Cook County Chicago court system we are considering it also and could get married when I next visit her in October or November of this year.

 

Thank you for taking the time to help us and best of luck on your own efforts.

[OldUser 10,050]

7 minutes ago, robear said:

If my criminal record makes the CR1 more likely to be a smooth process, potentially because it appears they do a background check freeing me from having to dig up these records myself from the large and likely difficult Cook County Chicago court system we are considering it also and could get married when I next visit her in October or November of this year.

 

Thank you for taking the time to help us and best of luck on your own efforts.

This is not exactly how it works. USCIS do background check, but they also expect you to do the legwork when it comes to criminal records. The burden of proof is on petitioner.

Edited Saturday at 01:08 AM by OldUser

[Edward and Jaycel 1,964]

20 minutes ago, robear said:

Additionally I now feel compelled to try and explain myself in a sort of narrative letter to the USCIS examiners

 

Don't get ahead of yourself... wait to see what you can find with the courts and then formulate how to outline it to USCIS.

 

22 minutes ago, robear said:

Hearing from some people who had similar petty charges and anything it impacted them would really put our minds at ease.

 

Mine was actually a felony when charged - But it had nothing to do with any of the Adam Walsh Act offenses or anything violent as specified by USCIS. So it had no affect on my eligibility to be a petitioner. My best advice would be to read the questions regarding this on the I-129F as they list certain "Specified Crimes" that would preclude you from being a petitioner. Also read the instructions surrounding this in the instruction sheet very carefully. In fact I would become an A+ student of the entire instruction packet for the form.