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Found 6 results

  1. Please Please help me out! We are really confused about this matter! I am about to have my interview soon and my fiance (the USC Petitioner) has a criminal record which is felony... The record was breaking and entering with a deadly weapon and robbery... It was filed by his ex wife against him but then he wasnt charged Domestic Violence so we didnt click the YES on the I-129f and we didnt submit his criminal records thinking we dont fall under those that are listed in IMBRA category since it's only Breaking & Entering with deadly weapon and Robbery and bothe were not listed there... And now as we read about domestic violence definition, it says: The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. So, our question is.... did his case still fall under Domestic Violence since it is a felony case filed by his ex wife? If so, will we be in trouble by not disclosing it and will we be denied because of it? We are really worried about it. Hope we knew earlier so we could have just sent them his criminal records and disclosed it... i feel so bad about this. My fiancee is a really good man and he's not even guilty about the charges and he was just set up by his crazy ex wife... he could have fought with it in the court for him not to be convicted but he pleaded guilty and paid the fine just for them to release him from jail and so he can get back to work fast and provide for his kids and his mom. Coz if he stays in the jail for a longer time while the trial is ongoing, then his family might have nothing to eat and cant pay the rent and the bills... This is really getting us down. Please help us out with your answers...
  2. I have read through 90% of this and can't find the best answer for myself... I have a lengthy criminal record dating 18 yrs back. Probably about 20 marijuana convictions, 2 DUIs and 2 assault domestic violence convictions. I know it looks bad and it certainly feels bad and embarrassing but I also know who I am and where I am in life now. I'm a single parent with full custody of my kids and run a successful business so my past is my past. My question or huge concern is about the i-129 form and approval chances. I have been completely honest about my past lifestyle and convictions with my fiancé so I'm not worried about her being shocked or what not. Is it worth me applying for the i-129 or should we just marry and do the i-130?
  3. Hello, I am applying for a K-1 fiancee visa application and am told that if I have ever committed a crime I need to provide the court record for that. So aside from a couple speeding tickets, in 2003 I was charged and fined for shoplifting, which I pled guilty to and paid the fine because I wanted to forget about it. The problem is that I don't know where I can get the court record for this, I have tried the national archives, and the website hasn't cooperated with me. But given the length of time that has passed and the nature of the crime, do I need a court record for a shoplifting charge from 15 years ago? If I do need the records, where can I get court records? Is there any other place besides the national archives?
  4. Hi All! First of I want to thank everyone for making this page so amazing with being such an active community. It has been my resource through most of my trying to understand this process of getting my fiance over to the USA. So here is my situation, my fiance is native to Jamaica, but when he was in his early twenties, he was not leading the best of lives, and he got caught and convicted with a felony gun possession and intent to discharge the firearm in Canada where he was living with his mother. His family did not have the money to get him an attorney and so he only had a public defender, and although they were trying to pin more charges on him because of the company he was keeping, he was only charged with the gun felonies but they automatically have a mandatory minimum prison sentence allotted to such crimes . He did receive 5 years in prison, and after his stay, he was deported back to Jamaica. This was over 15 years ago. He has changed around his life, and has had no brushes with the law since then, but I know that this criminal history can be a huge red flag for immigration. My question to everyone here, is I have contacted attorneys, and the prices that they are throwing at me are pretty steep, not that I am against paying it, but they are saying that they won't even know if he will need any waiver until the interview process but yet they want over $3500 just for their legal fee to try to represent us for the K-1 process and then if needed, that big lump of money will cover the waiver process to show undue hardship. I was trying to decide though what would be the damage or harm to our case, if we were to complete the K-1 process on our own, following the guides here, and then only if we are denied, which I know the odds are pretty high that we will be, then I can fork over the $$$$ to the attorneys to take on the visa waiver case. Furthermore, if we are denied, I plan on getting married to him and then applying for the spousal immigration visa with the waiver, since I know that the process with the visa waiver can take over a year, and I really do not want to wait that long to get to say I do. ..... am I just being silly in even thinking to try to do the K-1 visa process with his criminal history being what it is? Do I just need to pay the money and realize that if I want to get married this year, I will need to just focus on doing the Cr-1 visa and visa waiver?? Any and all help or advice from you folks will be most appreciated! Thanks!
  5. Hi all, Almost finished with the process for creating the I-129F petition and getting close to sending off (Next Week) Couple of quick fire questions on how to address some of the sections that the K-1 visa guide states on here that need to be addressed: 1- Name change: neither of us have had a name change. How do we address that or do we not even bring it up? Do we need to write a letter saying neither have had a name change at all? 2- Divorce: neither of us have been married or have kids. How do we address that or do we not even bring it up? Do we need to write a letter saying we are free to marry and have both never been married before or is that evidence the two letters of intent? 3- Criminal history: neither of us have any criminal history whatsoever. How do we address that or do we not even bring it up? Do we need to do a background check and send that off with the petition? 4- Petitioner doesn't have personal cheques. Would a Cashiers check work just as well? 5- We have color copies of the petitioners Birth Certificate. Is that enough to establish citizenship or do we need to do a full copy of passport and every page also? Sorry if these sound silly or basic. We don't know if we need to write a letter for each part or to just tick the boxes in the I-129F petition and leave it at that. Just want to be 100% accurate with our petition and give no excuses for a RFE. Thank you so much for looking at this.
  6. I have the following criminal history: Protection order violation 12/03/10 Whatcom County WA Guilty plea - My wife wanted contact I should not have contacted her I have since been through domestic violence training and will never reoffend Protection Order Violation 12/02/10 Whatcom County WA Guilty plea - My wife wanted contact I should not have contacted her I have since been through domestic violence training and will never reoffend Criminal Trespass 1st Degree 04/10/03 Bellingham, WA Guilty plea - I was put through a glass window by police at Fred Meyers and tresspassed DV Assault 4TH 11/30/02 Snohomish County WA Guilty plea - My mom kicked me out of the house after a move and I was frightened of being homeless so I pushed her I should have not done so and have since taken a domestic violence class and will never reoffend Driving with License Suspended 3RD Degree 01/09/02 Whatcom County WA Guilty plea - Drove on a suspended shouldn't have done it. Possession of Drug Paraphernalia 01/09/02 Whatcom County WA Guilty plea - had a bong in my car when pulled over on a suspended license it was found when police searched the car - I no longer use marijuana. Minor in Poss and or Consumption 06/26/00 Whatcom County WA Guilty plea - I stupidly drank before I was 21. I no longer drink. Eluding a Police Vehicle 5/10/05 Whatcom County WA Guilty plea - Had not slept in days and was not thinking clearly I drove to the Jail myself I just wanted a place to sleep. Assault 4th Degree 11/05/03 Whatcom County WA Guilty plea - Spit on policemen shouldn't have done it will never do it again Harassment 12/09/02 Whatcom County WA Guilty plea - called my mom on the phone while I was on a no contact order I should not have. I have since taken a class on domestic violence and have not re-offended and never will Obstruct Law Enforcement Official 12/09/02 Whatcom County WA Guilty plea - Tried to walk away from police Assault 4th Degree 1/12/02 Whatcom County WA Guilty plea - Spit on a cop. stupid. Would never do this to any one ever again. Indecent Exposure 07/23/2016 Edmonds Municiple WA Dismissed - My pants fell down at a drive through coffee stand due to a broken collar bone Assault 4th Degree 07/19/2010 Snohomish County WA Dismissed - Got in an argument with my brother accused of hitting his arm with a little stick. Assault 4th Degree 04/16/2010 Whatcom County WA Dismissed - Argument with ex wife who was convicted of this against me and also of violating no contact orders there for my protection. I never touched her. I have since taken domestic violence classes and will never reoffend DV Assault 4th Degree 10/20/2002 Snohomish County WA Dismissed - Pushed my mom's arm out of my face during an argument. I have since taken domestic violence classes and will never reoffend Possession of Marijuana 01/09/2002 Whatcom County WA Dismissed - I have since quit marijuana Harassment 12/09/2002 Whatcom County WA Dismissed - called my mom while a no contact order was in place Permit Minor Consume/Possess LI Dissmissed - drinking I have all certified court and police records and will include in my petition as well as proof of completing a domestic violence program and letters from my pastor, employer and mother stating I am rrehabilitated and am a person of good moral character. How likely is it that my petition is denied? Am I better off trying to file a cr-1? What else can I include to improve my chances of approval? I have bi-polar and all my convictions where when I was off my medication. When I am on my medication I am fine. Should I mention that and get a letter from a psychologist stating that? Or am I better off not giving information about my mental illness? Do I need to contact a lawyer? My fiance is in the Philippines and knows all about my convictions. thank you for your advice in advance.
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