CR-1/ Criminal Convictions

[LaVegano 12]

Any help here please? I have convictions on my record for drug and DUI also was arrested for domestic violence but was found to be innocent. My convictions are 12-25 years ago. Anyway going to file a CR-1 and am wondering if our petition could be denied for this. I have worked for the same company for 9 years and also have my own business. I have changed my life for the better and hope my past will not hurt my future. Thank you.

[Joandjo 20]

Any help here please? I have convictions on my record for drug and DUI also was arrested for domestic violence but was found to be innocent. My convictions are 12-25 years ago. Anyway going to file a CR-1 and am wondering if our petition could be denied for this. I have worked for the same company for 9 years and also have my own business. I have changed my life for the better and hope my past will not hurt my future. Thank you.

I had an arrest here in Texas for a misdemeanor assault that resulted in dropped charges (not domestic but for fighting in the 1980s). It showed up as an arrest on my FBI search. I paid an attorney $800 to have it expunged and it dropped completely off my record after another FBI fingerprint search and a local law enrorcement search. I don't know your state but here in Texas the first Domestic violence charge is a Class A Misdemeanor and is easily expunged if charges are dropped or a verdict of innocent is rendered, not so easy for deferred ajudication though.

Edited March 9, 2012 by Joandjo

[Samantha78 117]

Any help here please? I have convictions on my record for drug and DUI also was arrested for domestic violence but was found to be innocent. My convictions are 12-25 years ago. Anyway going to file a CR-1 and am wondering if our petition could be denied for this. I have worked for the same company for 9 years and also have my own business. I have changed my life for the better and hope my past will not hurt my future. Thank you.

It all depends......your charges are old, but DR has been strict on these types of charges. Not long ago (2 months), a USC went to the DR interview with his girl and was she was denied the visa because of his criminal record. He had charges of DV and I can't remember what else, but, they were more recent than yours are. I think his were within the last 5 years. You would need to get the reports and all documents relating to the charges, how they were handled, etc. At the interview, they could absolutely bring this up and request documentation. It's better to be prepared and have everything at that moment, than to go in to AP, send the documents in, and wait months. I think because it was so long ago that you may be safe but it's hard to know what they are looking at and how concerned they will be with your past record.

Read the interview from this guys page - the one who was denied, so you can get a better understanding of what they said and questioned.

Dayani

Edited March 9, 2012 by sam&jensi

[Deputy Purple 1,294]

Read the interview from this guys page - the one who was denied, so you can get a better understanding of what they said and questioned. Dayani

You can't compare the 2 cases, Davani filed for a K-1 Visa which requires disclosure of past criminal history so that the CO can ensure the Finacee is fully aware of them at interview time.

For CR/IR Visas there is no such requirement. If the charges fall under the Adam Walsh Act then the petition won't be approved in the first place but that is another story.

[Laure&Colin 281]

Any help here please? I have convictions on my record for drug and DUI also was arrested for domestic violence but was found to be innocent. My convictions are 12-25 years ago. Anyway going to file a CR-1 and am wondering if our petition could be denied for this. I have worked for the same company for 9 years and also have my own business. I have changed my life for the better and hope my past will not hurt my future. Thank you.

You meaning the USC?

If yes then I wouldn't worry too much, but I think you should tell your spouse, in case it comes up during the interview, so she's aware of it beforehand.

For a CR1 they really focus on the foreign spouse's criminal record. You're not gonna be officially asked to provide a police record (but of course they can/will check your background so expect them to know).

[Samantha78 117]

You can't compare the 2 cases, Davani filed for a K-1 Visa which requires disclosure of past criminal history so that the CO can ensure the Finacee is fully aware of them at interview time.

For CR/IR Visas there is no such requirement. If the charges fall under the Adam Walsh Act then the petition won't be approved in the first place but that is another story.

Oh...ok....didn't realize there was a difference between the CR1 and K1....I assumed they would drill the person either way but this is good to know. And now that you mention that, I wonder what they even consider one visa more necessary for disclosure of criminal history than the other. You'd think it would be important, either way, married or not, for their partner to know this info. Nonetheless, thanks for clearing that up.

Edited March 9, 2012 by sam&jensi

[Deputy Purple 1,294]

And now that you mention that, I wonder what they even consider one visa more necessary for disclosure of criminal history than the other. You'd think it would be important, either way, married or not, for their partner to know this info.

There were several high profile cases where a USC Petitioner used a K Visa to bring an alien "fiancee" to the US and either trafficked her for sex (not always personal use only) or physically/sexually abused her and/or her children. This was back int he days when K Visas processed quicker than CR/IR Visas. The IMBRA requirements were put in place to protect the Alien Fiancee from USC Petitioners with a history of Domestic Violence etc. Apparently they assume if you married someone you know them a bit better...

[Samantha78 117]

There were several high profile cases where a USC Petitioner used a K Visa to bring an alien "fiancee" to the US and either trafficked her for sex (not always personal use only) or physically/sexually abused her and/or her children. This was back int he days when K Visas processed quicker than CR/IR Visas. The IMBRA requirements were put in place to protect the Alien Fiancee from USC Petitioners with a history of Domestic Violence etc. Apparently they assume if you married someone you know them a bit better...

OMG!!!!! That's horrible!!! Well, thank God those requirements are in place......but unfortunately, for us married folks, we don't always get to meet all of those skeletons in our SO's closet prior to marriage or petitioning. Too bad people don't come with WARNING lables

[LaVegano 12]

I had an arrest here in Texas for a misdemeanor assault that resulted in dropped charges (not domestic but for fighting in the 1980s). It showed up as an arrest on my FBI search. I paid an attorney $800 to have it expunged and it dropped completely off my record after another FBI fingerprint search and a local law enrorcement search. I don't know your state but here in Texas the first Domestic violence charge is a Class A Misdemeanor and is easily expunged if charges are dropped or a verdict of innocent is rendered, not so easy for deferred ajudication though.

Do not know how the multi quote works. Keep trying but no sucess. Thank you for the info.

[LaVegano 12]

It all depends......your charges are old, but DR has been strict on these types of charges. Not long ago (2 months), a USC went to the DR interview with his girl and was she was denied the visa because of his criminal record. He had charges of DV and I can't remember what else, but, they were more recent than yours are. I think his were within the last 5 years. You would need to get the reports and all documents relating to the charges, how they were handled, etc. At the interview, they could absolutely bring this up and request documentation. It's better to be prepared and have everything at that moment, than to go in to AP, send the documents in, and wait months. I think because it was so long ago that you may be safe but it's hard to know what they are looking at and how concerned they will be with your past record.

Read the interview from this guys page - the one who was denied, so you can get a better understanding of what they said and questioned.

Dayani

Thank you very much. I will read his story.

You can't compare the 2 cases, Davani filed for a K-1 Visa which requires disclosure of past criminal history so that the CO can ensure the Finacee is fully aware of them at interview time.

For CR/IR Visas there is no such requirement. If the charges fall under the Adam Walsh Act then the petition won't be approved in the first place but that is another story.

Ahhhh, I need to read this act. I will look for it. Thank you

You meaning the USC?

If yes then I wouldn't worry too much, but I think you should tell your spouse, in case it comes up during the interview, so she's aware of it beforehand.

For a CR1 they really focus on the foreign spouse's criminal record. You're not gonna be officially asked to provide a police record (but of course they can/will check your background so expect them to know).

Yes, I am the USC. She is Dominicana. Thanks for the Info.

[pereira=delgado 0]

Ok so question I was put on an ARD program back in 2006 for theft which resulted in me paying a fine. The case was later on closed and a letter was given to me indicating that I was not convicted of any crime and was told that when asked if I committed any felony/ crime to indicate no. I have nothing else on my record. And my fiance has never been arrested or charged with anything. Will this be a problem for us. He is full aware of this one mistake.....

The program was for 6 months.