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Vovo

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    Vovo reacted to sparkles_ in Beneficiary Criminal Record -- Success Stories and Denials?   
    My ex had 3 charges....some were bad charges really in the eyes of USCIS. Fake ID/GC, tampering with gov't docs. as well as theft of moveable property below $500. Ice the cake with the fact he overstayed his visa by about 13yr LOL. I did his AOS myself, all I did was have him indicate his arrest record, request a letter of disposition from the district court it happened in and went for the interview. He was asked if he had the arrest/charge detail record from when he was released, and we said not at the moment but we can get it. We were sent off with an addressed envelope to mail the docs. back in, and he got his GC about 30 days later. They did ask at the interview what the charges were and I assumed they already knew but were looking for truthfulness to confirm that knowledge. This was in 2008 mind you, and the fake ID/GC charge was dropped but showed on the disposition as well as the docs; he was formally charged with the theft one only. Last question the officer asked was if he planned to have anymore similar legal problems in his future. Obviously no!
    We did have a child then and the interview in general was less than 10min. Criminal stuff was not the focus and was only asked at the tail end of things. They were more interested in baby pics and showing the baby existed since I didn't bring my son with us.
    So don't sweat it, but be very honest and ready to explain in detail. I think unless it is a felony you get a shot to explain at the interview. His was a misdemeanor charge if it helps. If you want to PM me I can answer specific stuff if I left anything out. Hope it helps.
  2. Thanks
    Vovo reacted to az2014 in Tourist Visa   
    If you can't afford the trip yourself and have to get your employer to cover your expenses then pay them back in the future, thats an easy easy denial reason.
     
    The US is an expensive place. You were rightly denied. Too much of a risk you would stay. The CO saw it that way too.
  3. Like
    Vovo reacted to geowrian in Tourist Visa   
    Please space out your paragraphs...it's difficult to read the text blob. Thank you.
     
    This answer is a bit misleading, but should not be a material misrepresentation.
     
    From the CO's perspective, it probably looks pretty odd that your boss is personally sponsoring your claimed sightseeing vacation for 2 weeks. I understand employers in some areas pay for flights as part of their compensation (my wife's contract did this in KSA), but I'm not personally aware of it being commonplace of a boss personally doing so, or covering other costs. Either way, it is what it is.
     
    No, a tourist visa is fine to visit the US and meet your boyfriend.
    FYI - your boyfriend cannot sponsor you for a tourist visa (nobody can). They can volunteer to cover the expenses for the trip, but an I-134/paystubs/invitation letter/etc. from somebody will not be taken into consideration (this is stated directly from the DOS).
     
    Yes. The CO looked at your circumstances and determined that you did not overcome the burden of immigrant intent. Every tourist visa applicant is assumed to have immigrant intent until they have shown otherwise.
     
    Adulteration is not a reason for an I-129F petition to be denied, although the exact criminal details need to be disclosed and you might be asked about them at the K-1 interview. I don't think back child support is a reason to deny a passport, but I honestly don't know for sure. It may present a challenge for the I-134 for the K-1 visa later, though.
    If he was ineligible for a new passport, that alone probably would not suffice as a reason to have not met in person within the past 2 years of filing an I-129F for a K-1. The waiver for the meeting requirement is extremely difficult to get approved, and financial circumstances generally would not suffice.
     
    Expungement won't change anything for immigration purposes. Even then, it sounds like it was not deemed to be a CIMT as he was denied under 214(b), not due to the criminal offense.
  4. Like
    Vovo reacted to JE57 in Tourist Visa   
    Lot's of things in your post let's take them one at a time: 
    1) Denial of tourist visa.  Had your BF given you a letter of invitation the prevailing wisdom here is that it would not help and likely would have made it "LESS" likely that you would have been granted it.   If your job does not pay significant amount by USA standards than you could be presumed to have intention of immigrating to the USA thus the denial and the criminal record not yet expunged could be considered reason to 'flee' your home country.  Once the issue is expunged that would represent a change in circumstances and be a reason to apply again given the office mentioned the criminal record. 
    2) Your BF has a record.  Not sure what is meant by 'Adulteration with food'  it sounds like he tried to poison her..  If that is the case the question would be rather this would affect his ability to sponsor another for immigration benefits.  It might require a waiver of some sort.  But may not be a problem if it was long ago.
    3) The child support past due is a problem.  It would not be sufficient for a waiver of the meeting in two years requirement.  In theory if he has a arrangement supported by the Child support agency to repay then arrears then he should be able to get a new passport but it's equally likely that he'd be denied getting passport because of the arrears and might have to fight it out with the child support collection agency to report the agreement to the state who would then report it to the US Dept. of state.  He should try but with 17,000 in arrears I''m betting he'd be denied a passport. 
    4) Him moving to South Africa would depend on his ability to get a passport and sufficient income to continue he child support obligations.  If he thinks he could move internationally and escape child support he is mistaken.  They can revoke his passport and when he crosses a border or eventually needs to renew his passport he'd be headed back to the USA (no Choice) and have to face much bigger problems and possible jail time. 
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    Thus, honestly, you have a difficult although not impossible road to be together in the future.   Short of him getting a passport your best option is to get your record expunged and try again for the tourist visa.  The fastest case he get's his passport and you meet in person in either South Africa or some third country.  And I don't usually say this but honestly the two of you have to seriously consider if he can't get a passport and you can't get a visa that this may not really work out for you.  
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    Best of luck and prayers 
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