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

[Cw1977 151]

2 hours ago, Edward and Jaycel said:

 

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

yes she is US citizen. She has no criminal history (at least none I am aware of!) but didn’t disclose anything 

[robear 4]

27 minutes ago, Cw1977 said:

yes she is US citizen. She has no criminal history (at least none I am aware of!) but didn’t disclose anything 

 

If you have no criminal history you have nothing to disclose so it becomes a moot point.

[robear 4]

On 7/25/2025 at 9:23 PM, Edward and Jaycel said:

In fact I would become an A+ student of the entire instruction packet for the form.

Edward,

 

What process did you have to go through to get the appropriate information? Were you able to just go on a county court website and download the records? Did you have to petition the court and get anything personally written?

 

Thanks!

[mam521 2,573]

On 7/25/2025 at 8:00 PM, robear said:

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.

So a couple of things here for consideration.  The timeline you're expecting isn't probably that quick.  Especially with the current administration.  

 

You did mention that relatively speaking, you guys are not exactly rolling in the dough.  Are you making enough to fulfill the requirements for the I-864?  If not, you're going to need a joint sponsor. You may be well aware of this, but sometimes people aren't and it's a bit shocking to them.  Same with income taxes - need to be up to date on US filings.  

 

If you do K1, it's going to cost substantially more money because not only do you have to do the K1, pay to adjust status and pay again to remove conditions. You would potentially still have to remove conditions with a CR1, but it's one less expense over the K1 with potentially a large number of freedoms that don't initially come with the K1.  

 

Yes, the CR1 takes longer, but your partner enters the US, able to work, travel internationally and really begin a new life.  It's a lot harder to be the immigrant where you move to a new country, where you are completely dependent on your partner both for company and financially, especially if they had been independent previously, where the politics are different, where people behave differently, were customs are different and then to try and fit in and make friends with no driver's license and no job.  If something happens back home, they can't just jump on a plane and go back to family.  So while you both might think they aren't that important right now, really stand back and consider the imminent life change that's about to happen for her.  The time apart is really a blip in time compared to the long term scale of building a life long marriage. 

[Edward and Jaycel 1,964]

On 7/26/2025 at 8:06 PM, robear said:

Edward,

 

What process did you have to go through to get the appropriate information? Were you able to just go on a county court website and download the records? Did you have to petition the court and get anything personally written?

 

Thanks!

 

Since I needed Court Certified copies, I had to call the county clerk's office to find out what to do. I had to mail them a request for a certified court record for anything in my name and include a payment of $15 (I think) to do the process. I also included a self addressed express mail envelope to get it back to me.

[robear 4]

On 7/28/2025 at 6:02 PM, Edward and Jaycel said:

Since I needed Court Certified copies, I had to call the county clerk's office to find out what to do. I had to mail them a request for a certified court record for anything in my name and include a payment of $15 (I think) to do the process. I also included a self addressed express mail envelope to get it back to me.

Thank you for the ongoing information.

 

As an update I was able to go to the Cook County Court Clerk's website and use the web chat to talk with someone there. They were able to look up my records with my Name, DOB and Drivers License number. They were able to provide me the case numbers for my cases, the dates, the specific charges and also a link to a PDF form to request information for each case. The PDF has a checkbox for requesting certified copies.

 

I have not yet done the form, but will update the thread again when I have with a summary of what it entailed for future users of the site.

 

Have a great day Edward and Jaycel.

[Edward and Jaycel 1,964]

Just now, robear said:

Thank you for the ongoing information.

 

As an update I was able to go to the Cook County Court Clerk's website and use the web chat to talk with someone there. They were able to look up my records with my Name, DOB and Drivers License number. They were able to provide me the case numbers for my cases, the dates, the specific charges and also a link to a PDF form to request information for each case. The PDF has a checkbox for requesting certified copies.

 

I have not yet done the form, but will update the thread again when I have with a summary of what it entailed for future users of the site.

 

Have a great day Edward and Jaycel.

 

Great news! Now you know you can get what you need  Keep us all updated on your journey!

[robear 4]

On 7/28/2025 at 5:55 PM, mam521 said:

If you do K1, it's going to cost substantially more money because not only do you have to do the K1, pay to adjust status and pay again to remove conditions. You would potentially still have to remove conditions with a CR1, but it's one less expense over the K1 with potentially a large number of freedoms that don't initially come with the K1.  

Mam,

 

Thank you for your advice and input. We are carefully considering which visa to apply for and your reminder was useful in again reaffirming to us that we need to decide carefully what path we take.

 

By 'relatively poor' I mean money is tight, but I am fully prepared to allocate some funds to this pursuit - either from savings or with a loan if the amount is too high for us to pay outright. 

 

Thank you again for your input and have a great day!

[Aesop23 21]

Just wanted to encourage- we did a k1 I had 2 felony possession charges dropped without plea and a dui from way back in the wild days. I was petitioner. I was worried but got all info regarding duo disposition and even records of arrest/etc for the felonies since they were erased as part of the outcome. All cards on table sort of attitude. 
 

Had no problems and have been married in the US for almost 2 years now. Don’t sweat. Best of luck. 

[robear 4]

12 hours ago, Aesop23 said:

Just wanted to encourage- we did a k1 I had 2 felony possession charges dropped without plea and a dui from way back in the wild days. I was petitioner. I was worried but got all info regarding duo disposition and even records of arrest/etc for the felonies since they were erased as part of the outcome. All cards on table sort of attitude. 
 

Had no problems and have been married in the US for almost 2 years now. Don’t sweat. Best of luck. 

Aesop,

 

Thank you for chiming in - this is the type of encouraging story we really need, lol. I actually found out I have 3 charges from back in the day when I was under 20 - 1 possession of alcohol by a minor and 2 cannabis charges, all from year 2000 or before. The instructions for the i-129f really appear to say 'if you have 3 or more drug\alcohol charges, you are screwed.' and it has been very discouraging to be going through these efforts under such uncertainty. It appears the drug\alcohol nature of my charges could matter in a way that other charges do not - but 

 

 

If you dont mind, what does 'duo disposition' mean?

 

Thank you for your very encouraging reply and have a great day!

 

[robear 4]

16 hours ago, Aesop23 said:

Had no problems and have been married in the US for almost 2 years now. Don’t sweat. Best of luck. 

 

Aesop,

 

Did you guys do anything extra to try and explain yourself? Did you include an extra document that attempts to show you are reformed and no longer involved in any sort of criminality? Did you get a lawyer to help you?

 

Thanks!

 

Robear & Moss