© 1995 - 2019 TheLaw.com LLC. ), Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment or an attempt to commit any of these crimes, or. Blog   Your Criminal History and the I-129F Petition . She should show that she is fully aware of it and was expecting them to address it at the interview. That's right. I stayed one night in jail and was released with a no-contact order to the victim (my ex-gf at the time). It only takes a minute to. Looking at your timeline, it doesn't show a case complete, have you had your interview yet? I-129F K1 Fiance visa – Criminal Records of Petitioners. What I did was make a copy of his court papers and I signed my name on the top right of each page so that USCIS knew that I had physically seen the entire record. My husband has a prior conviction for theft and has served prison time in the USA. criminal record of petitioner for fiancee visa K Visa. Discussion in 'Family Immigration, Fiancee & Marriage Visa ' started by cutiemai, Feb 7, 2010. By following appropriate procedures, and with a lawyer’s help, you may still be able to bring your fiancé to the United States in spite of your record. Thank you. I'm the petitioner for my wife's visa, we're just waiting for a case complete from NVC and planning what she will need for her interview at the US Consulate in Manila. Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act. Legal Disclaimer: The content appearing on our website is for general information purposes only. I would make sure your wife has some documents about it for the interview in case it is mentioned. I didn't have to serve any time, just community service and outpatient rehabilitation. I had a felony conviction two years ago, basically was drunk and committed B&E/Theft. We were approved with no RFEs. If the beneficiary was not aware that the petitioner had a criminal history and heard about it for the first time at the visa interview, this would be a red flag. I didn't send any paperwork to USCIS regarding my criminal history. It's easy! Our most popular destinations for legal help are below. Welcome to TheLaw.com! Hi, I know that you got approved already I just wanted to know if does your wife need the paper work from court in regard to your convictions, or did the USCIS people even asked for it? She took the paperwork with her and was prepared to ask questions. I was very upfront about it and made sure that they could see it was something I was aware of and that we had discussed its impact on our future. You need to be a member in order to leave a comment. Embassy doesn't ask about petitioner "history" either, but for the beneficiary they do require the NBI, and possibly a  police clearance (if you resided in a foreign country .. details in the embassy checklist), https://www.visaconnection-philippines.com/us-embassy-usem.html, https://ph.usembassy.gov/visas/immigrant-visas/family-based-immigration/the-interview/, BTW - this topic is over 3 years old, you might not get a response from the OP, Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html. US citizens with certain criminal records need to comply with some requirements in order to file the I-129F for their K-1 Fiance. K1 Petitioner w/ Criminal Record. Good day! All information available on our site is available on an "AS-IS" basis. It is not a substitute for professional legal assistance. I am also taking my husband's papers to the interview because I am going with the assumption that it will be addressed by the CO. Having a criminal record will not automatically bar you from receiving an immigrant visa, but depending on the charge, it will make it much more difficult. I had a felony conviction two years ago, basically was drunk and committed B&E/Theft. Messages: 1 Likes Received: 0 Trophy Points: 0. This can even hold true for crimes that have been expunged (wiped off) someone's police record. (You must log in or sign up to reply here.). I committed, was arrested for, was convicted of, or plead guilty to committing a crime that did not result in serious bodily injury, and there was a connection between the crime committed and my having been battered or subjected to extreme cruelty. Will she need any paperwork from that incident, or just knowledge of it for the interview? The only time the IMBRA requirements are used to deny a petition is if the petitioner has a conviction which falls under the IMBRA, and they are also asking for a waiver of the multiple filing limitations. I really appreciate your response for this. We also addressed it in our covering letter and also included some messages between us where it was discussed. If you want to bring your fiancé to the United States on a K-1 visa, but you have a criminal record, you should definitely consult an attorney. It is possible that the law may not apply to you and may have changed from the time a post was made. I didn't have to serve any time, just community service and outpatient rehabilitation. If you want to bring a fiancé(e) into the U.S. on a K-1 visa to get married and to apply for a green card, and your fiance has a criminal record, that fact is likely to trigger inadmissibility. If the beneficiary was not aware that the petitioner had a criminal history and heard about it for the first time at the visa interview, this would be a red flag. There are two scenarios that we need to look at: first, the US citizen having a criminal record and second, the beneficiary having a criminal record. And you wanted to bring her/him to the U.S. get to know if your partner has a criminal record fiance visa with a criminal record is not worth it. The point we are making here is that if the petitioner has committed a crime, the beneficiary should be aware of it because it may be mentioned by the CO at the interview. In other words, your fiance would be ineligible for the visa or to enter the United States. I am (naturalized citizen, male in US) working on my K1 process for my finance. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising. I have asked before in the forum if the USC is needed of a Police Certificate or not, and it's not needed.