Criminal history

[JosephMary 0]

I want to marry this amazing woman I found from the Philippines. I’m not sure whether to do the k1 or the cr1. The thing is that at the end of last year I was charged with a crime of a fist degree misdemeanor of aggravated menacing. No one was hurt and I am on medication but I fear this charge might keep me from the life of my life. Is it likely to be approved even with the criminal charge?

Edited August 24 by JosephMary

[OldUser 10,321]

@Crazy Cat please post K-1 vs CR-1 comparison

[JosephMary 0]

14 minutes ago, OldUser said:

@Crazy Cat please post K-1 vs CR-1 comparison

As far as I know it seems like the cr1 visa makes for an easier transition into the us for the beneficiary. Like they can instantly work and leave the us and such instantly. 

[TBoneTX 47,790]

1 hour ago, OldUser said:

@Crazy Cat please post K-1 vs CR-1 comparison

Here it is, on CC's behalf.

 

K-1 
  More expensive than CR-1.
  Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork).
  Spouse cannot leave the US until she/he receives approved Advance Parole (approx 3-6 months).
  Spouse cannot work until she/he receives EAD (approx 3-6 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.
  Current Presidential executive order (travel bans) don't allow K-1 visa holders from some countries to enter the US.

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.
  Current Presidential executive order (travel bans) exempt immediate relatives of US citizens.

[bakphx1 800]

They’re not that interested in the petitioner’s misdemeanors to answer that part.  As long as it’s not drugs, human trafficking or terrorism related, it’s not something I think would be a factor.

 

I am very anti-K1 as many people have posted here the problems they had.

 

The immigrating spouse cannot work or study (though ESL is possible at ok rates) and the financial strain is often more than anticipated.  This leaves the spouse home alone while the USC works and of course they miss friends and family. The relationship can become strained fast.

 

I’ve seen many people have emergencies arise back home and they can’t leave without forfeiting the visa to say final goodbyes or help.  
 

Since the K1 is no longer faster, I wouldn’t consider it.

[Crazy Cat 45,067]

***Moved to What Visa Do I Need***

[carmel34 3,758]

9 hours ago, JosephMary said:

I want to marry this amazing woman I found from the Philippines. I’m not sure whether to do the k1 or the cr1. The thing is that at the end of last year I was charged with a crime of a fist degree misdemeanor of aggravated menacing. No one was hurt and I am on medication but I fear this charge might keep me from the life of my life. Is it likely to be approved even with the criminal charge?

You will likely be fine either way, K-1 or getting married first then doing CR-1, as long as you are completely honest and include all of the details of your criminal history, including court documents, on the I-129F petition, the first step to a K-1.  Criminal background information for the petitioner is not part of the I-130 petition, the first step to a CR-1.  You would have a big problem if you choose K-1 and then do not disclose criminal information on the I-129F, because later in the process USCIS will do a background check on you and find out, which could lead to a denial based on misrepresentation.  As others have said, CR-1 is far superior for many reasons, and in your case, appears to be the best given your criminal background.  Good luck!

[JeanneAdil 7,210]

another vote for spouse visa

[Ryan H 3,925]

Your criminal history is fair game for a CO to ask the beneficiary about at a visa interview.  If the beneficiary is or appears to be unaware, that may give the CO grounds to deny the visa.

 

As for the offense itself, it's not a barrier to petition approval unless the offense falls under the Adam Walsh Act (and that deals with sex crimes).