I-129f Petitioner with Criminal Records
US citizens with certain criminal records need to comply with some requirements in order to file the I-129F for their K1 Fiance(e). Having a criminal background is not an automatic denial.
Under the International Marriage Broker Regulation Act (IMBRA), petitioners with certain convictions (criminal history) are deemed risky partners to immigrant K1 fiance(e)s. The US wants to make sure there won’t be abuse or exploitation by the US citizen sponsor.
I-129F Petition Part 3. Other information
In “Part 3. Other information” of the I-129F, the US citizen petitioner declares if there’s a civil/criminal arrest or conviction in court for certain crimes. He/she discloses this information to the USCIS.
History includes violent crimes, assaults, domestic violence, sexual or substance abuse. Complete/certified copies must be submitted, even if conviction was cleared or sealed (expunged). Evidence of conviction, rehabilitation or otherwise are also required.
For the full list of “specified crimes”, see the I-129F instructions.
You should write and sign a different document where you list the details of all convictions under the IMBRA requirements.
The petitioner must reveal a criminal past. Especially if they met online with the help of an International Marriage Broker.
Do you reveal all your criminal background?
Not necessarily but the majority of the time — yes. The USCIS requires you reveal crimes when both of the following conditions exist:
1. Crimes listed on the instructions. From the I-129F Instructions, you will see a list of the crimes that you must declare. For instance: domestic violence, child abuse, etc.
2. Arrested, convicted, sentence, etc. of crimes. Simply being arrested or charged is enough. Even if you were later discharged, exonerated, records sealed, expunged, etc. for a crime, you still must come forward with the information. If a court found you guilty of a crime (or sentenced you), then it’s on your record and you must report it on your I-129F petition as well.
Example: If you were convicted, but later the records were sealed, expunged or destroyed, do you still admit to this? Yes, you still provide the required documents and court/legal paperwork. Your records may come back “clean” because they were destroyed from State/Local records, however, that’s not necessarily the case for Federal records. This is indicated in the I-129f instructions.
You can obtain all your required certified legal documents (criminal records) from your local court house. Usually they carry the State/local criminal paperwork. However, they may not always have Federal records. You must contact the proper authorities to collect those.
You may be called in for an interview (or further background check) as the I-129F instructions clearly illustrate. Biometric interviews are possible for US petitioners – especially with criminal history.
What happens with the information you provide
The information you provide on your I-129F will be checked by the USCIS with several databases. Regardless if you give the history yourself or not, they will still conduct further background checks (to “discover” evidence) with several different agencies (including FBI).
All evidence that the USCIS finds will become part of the I-129F petition, and if approved, it will be handed over to the Department Of State.
Once the USCIS conducts the inquiries, they will determine whether or not you’re approved. Once approved, eventually your criminal history/background WILL BE DISCLOSED to your K1 fiance beneficiary during the interview. This is done so the fiance(e) is aware of your background before accepting a K1 visa to marry you.
Share your history with your fiance(e). The consular will share your criminal history with your fiance(e) during the interview. Your fiance(e) should be aware of your past even before the interview, otherwise it is a sign of a non-bona fide relationship.
Risk of denial due to a criminal past?
Having a criminal record cannot be a sole reason for denial of a I-129F petition. The circumstances that exist around your convictions — may be. Remember, the point of disclosing your criminal history is for your fiance(e) to be aware so he/she can make an informed life decision (whether or not to marry you). Here’s what the USCIS will expect you to think about…
Undependable Spouse. If you’re constantly being involved in violent behavior or fraud, the authorities might doubt your integrity (or ability to maintain a marriage).
Financial/Social Responsibility. If you’re at risk of further violence, convictions, or jail time, how will your spouse care for him/herself? Who will support them?
There are only certain crimes that prohibit you from petitioning someone on a family-based visa (like a K1). These are known as the “Disqualifying convictions”. Offenses against minors (covered under the Adam Walsh Act of 2006) ban you from petitioning anyone (child or not).
Other crimes that will cause denial of your I-129F Petition are immigration violations (or fraud). If you’ve been involved in immigration fraud, violations, falsifying documents, or other crimes as such, then you can expect a denial. Besides that, some white-collar crimes such as tax fraud, etc.
You don’t need a waiver for a criminal record, unless…
You will see that question 3 in the “Part 3. Other information” in the I-129F talks about a waiver. You don’t need a waiver for a criminal past unless you’ve petitioned the I-129F multiple times in the past (record or no record).
In other words, the US citizen will need to request a waiver only if this is the third (or more) time that you filed a K1 (I-129F).
Simply having a criminal background DOES NOT require a waiver (if this is the first time you filed a I-129F). Disclosure of criminal convictions are mandated by the IMBRA. This is to protect foreign beneficiaries and their children.
The USCIS cannot deny a k1 petitioner based solely on the fact he/she has a criminal background. However, at their discretion, they can determine a petitioner poses risk to the “health and safety” to the beneficiary or minor child.
If you don’t provide criminal history
Whether intentionally or not, if your crime records aren’t disclosed to the USCIS, they may find out in other ways. Remember, even if your criminal background was “sealed”, “destroyed”, “expunged” or “cleaned”, records might still exist because not all government agencies honor requests of changes.
If the USCIS discovers “hits” on your background check, they will issue an RFE requesting further evidence and paperwork. You must comply and provide all that’s asked for in order to avoid any RFEs. You must write and explain the situation and provide documented evidence.
PLEASE NOTE: The website and comments are all opinions. If you need help with a Criminal matter or K-1 visa matter, consult a professional.
There are 112 comments so far
Leave a Comment
Don't worry. We never use your email for spam.
Recent Comments from readers…
December 16, 2018 at 11:32 am on How’s the Fiance K-1 visa experience for LGBT Couples?Thank you so much. Your explanation of terms was very...
December 15, 2018 at 6:48 pm on Steps after I-129F Fiance Visa petition approvalWe are thankful for Prem for the guide he created...
Hello. I submitted our I129F back in August and received the NOA1. During a discussion I remembered being charged with Unlawful Communication back in 2009 for using profanity in a text message. The charges were dropped and a judge ordered the records be destroyed. I have the order from the Judge for the destruction of the case. However I checked no for any criminal history. I’m now worried because someone told me that the USCIS is no longer doing RFEs and are just denying cases. I saw a post of someone today that said they were denied for a misdemeanor from 30 years ago that was expunged and he didnt think to disclose it. Is there a way to amend the petition so the Visa is not delayed or denied?
Hey Mark,
As you know, the I-129F instructions request that you submit all records even if they were expunged. If the USCIS picks up your past “history” they will most likely send an RFE notice to you. The issue about being denied without an RFE is reserved for severely incomplete applications that are missing too many documents. That’s the intent behind the new RFE policy from the USCIS. So, if your paperwork is otherwise complete but you’re missing the criminal history, in my experience that will only be an RFE not a straight denial.
Secondly, denial from criminal history is based on a variety of factors. So, it’s difficult to tell which ones will get you in trouble and which will be ignored by the USCIS. There’s hardly a way to amend your paperwork now. I suggest you wait for an RFE before taking the next step. However, in the meantime, you can get your criminal history documentation ready so you can respond quickly once (or if) an RFE comes.
-Prem
hello Prem so we are in the last month within the 5 to 7 month range and we could receive an answer anytime soon. but now my fiancée is from Guatemala and he is going in front a judge today because he was driving under the influence and got into an accident. Now I don’t have much information right now because of all the stress im under from being here in the usa and he over there. so im not sure how the laws work over as much as here and I don’t know if this will be on his record or not. like I said there is a lot going on at this moment and I just want to know that if this ends up being on his record is there a chance he will be denied the visa. or will it have any effect.
Hello Tatiana,
Sorry to hear about the accident. The most important thing is safety. However, in terms of the visa process, only if the accident (or criminal history) appears on his Police Clearance certificate, then it’ll come to the officer’s attention. Otherwise it may not. You can only wait and see the outcome of the case.
-Prem
Hi Prem,
Really useful and helpful info you have here. My fiance and I just submitted our I-129f around a month ago, and we’re preping for the next steps. I’ve heard from some other friends who have applied that we need to submit criminal records if we’ve lived outside of our own respective countries for more than 6 months. We both have no criminal history, and both lived in the UK for 1.5-2 years. However, based on some K1 step by steps guides, it doesn’t say we need to submit criminal records, whereas from other sources, we do. What do you think? Thanks for your time and help!
Best,
Jim
Hello Jim,
That’s a common confusion. The requirement is the following
1. During the I-129F stage, the US petitioner should only submit criminal history information if he/she has it.
2. The beneficiary is required to submit a Police Clearance during the K-1 visa interview whether or not he/she has a criminal history.
You said you don’t have criminal history, therefore, you’ve didn’t have to submit it during your I-129F. At your fiance’s K-1 visa interview, she will present a Police Clearance Report. I hope this helps clarify the issue.
-Prem
Hello, thank you for your website.
My question is, Is a Civil restraining order considered a conviction? No arrest not incidence other then a person filing and being Noted as “by Consent” for a duration of time?
feel free to email me if you have a question but i would like your advice for the i 129f
Hey there,
I can’t be sure about that question as I’m not an expert on the topic. I would guess that a civil restraining order is not a conviction or criminal act because there was no arrest made or no sentence passed from a judge. Have you checked with your local courthouse? or how about doing a background scan on yourself to see if something comes up.
-Prem
I’m now 40 and was charged with a Minor in Possession of Alcohol at age16. The F-129 asks if I’ve been charged with 3 alcohol related offenses, which I have not. It then asks later:
Have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, excluding traffic violation….?
I checked Yes for this because of my Minor in Possession of Alcohol offense.
It then says to provide information about each of these arrests. I only put Minor in Possession of Alcohol, when, and where in this section. I later read,
“If you indicated “Yes” in Item Number 4.a., provide information that explains the circumstances, places, dates, and outcomes for each incident of arrest, citation, charge, indictment, conviction, fine, or imprisonment. You must submit court certified copies of the arrest record and/or disposition for each incident unless you submit a certified statement from the court indicating that no record exists of your arrest, citation, charge, indictment, conviction, fine, or imprisonment.”
Do I need to provide certified copies of the arrest record and/or disposition for the incident after it first asks me if I’ve had 3 or more alcohol related offenses? Thanks so much for your help in advance!
Hello Jerry,
I know it sounds confusing, but the USCIS is asking you to supply certified copies of arrest/convictions for anything overall. Even if you don’t meet the “3 convictions” requirement for the alcohol-related clause, you will still submit documents because later below it asks for documentation for arrests in connection with any crime. Kind of makes you wonder why they had the first one, right?
So, yes, include all certified documents.
-Prem
Hi Prem,
Thank you for your prompt answer. The USCIS said in the RFE letter that they wanted all court and police records of my fiancee’s past convictions. We have been told by an agency that it is okay to just submit some of his court records on Marijuana use and police records are no longer needed.
Please enlighten us with this.
Thank you very much!
Ann
Hello Ann,
The very best I can say, without knowing too much about your case, is that you submit what you have. If you don’t have further proof or evidence, then there’s no way you can get them. That’s what you’ll have to tell the USCIS. Typically the idea is: the more documented evidence you can provide them, the more likely it is they’ll believe you.
-Prem
Hi Sir,
I just want to get light from this issue. My fiance who is the petitioner received a first RFE (after almost 7 months of waiting for the NOA2) asking for certified copies of all his court and police records. When we were working on our application, he forgot to declare his one of the many minor violations which is the “minor possess/purchase of liquor”. Now, we are scared that it might be the ground for denial of our petition.
His other minor misdemeanor were: possess of marijuana twice, viol of basic rule, failure to change address, not wearing set belts, speeding.
Please help us. We are very worried. 🙁
Hello Ann,
I see why you’re concerned. But the truth is that if the USCIS is simply requesting all your police / court documents, then it’s probably the only thing they need to verify eligibility. Your best bet is to make sure that you supply everything they’re requesting. Then write a simple statement (sign/date) regarding all the past incidents and what exactly you’re including.
-Prem
Hi,
I just submitted my I-129f today. I checked no and then after reading the instructions again remembered I was arrested in 2010 for a bench warrant for failure to appear for a littering ticket when I was 18 in 2003. All charges were dismissed in 2010. Will my I-129f be denied because I failed to disclose this?
Thank you!
Peter
Hey Peter,
If you forget to submit criminal history data, then you will have to wait until the USCIS performs their background checks. If they come back with a “hit”, then they will request information from you regarding whatever they discover. I don’t think you will get denied. However, you will most likely get an RFE.
-Prem
Dear sir,
I emailed you a question and look forward to your response. Keep up the good work!
Thanks CJ,
I’ve gotten your email and have responded.
-Prem
Hello. We just submitted our file to the USCIS but we totally forgot in the part of have you been arrested? We said no but he has been arrested for “enable minors to get alcohol” its still on trial. We definitely will get deny for omit saying that???? of course he is inocent. What should we do? Will they deny our petition for omitting that. Im desperate
Hey Fabiana,
It’s likely that for a case still in process, the USCIS will issue an RFE asking about the case, especially if you haven’t submitted any documentation on it. Hopefully by the time the USCIS gets to your case and asks about it, you will probably have gotten through with the criminal case. In which case, you’ll have the paperwork ready to submit. So, I think you can do nothing but wait until you hear back from the USCIS.
-Prem
Hi,
I was arrested for a DU (blew 0.03, iwas under 21)I, then amended down to a driving infiraction, with second degree negligence. Will this prevent me from getting the Fiancé visa?
thank you
Hey Wasse,
I’m assuming you’re the petitioner. Usually as long as you don’t have severe criminal history, the USCIS is pretty receptive to it. Just make sure you compare your history with what the USCIS has in it’s instructions for the “specified” crimes list. Remember to include all records as well.
-Prem
Hola Prem, Albany, NY June 1, 2018
I just wrote you a comment on the page that appears in my account where people can write to you.
Please read it and respond as son as possible.
I have key questions to be explained. I’m going to Ecuador to visit my Fiancée on June 6, 2018!! I want to mail my Petition I-129F before I leave.
Gracias and God bless you,
Eduardo
Hello Eduardo,
Yes, I’ve responded to your question in our private forum. Please take a look when you get a chance.
-Prem
Hello!
My american boyfriend has 1 misdemeanor named “domestic battery”. All he did was he grabbed his crazy ex girlfried’s arm when she got to his place and started to behave crazy.
His state is so women-friendly… thats why he got that record, anger management classes and 1 year suspended…
She also issued restrain order against him…
it happened almost 15 years ago and thats the only record he ever got…
he prepared all the police and court records to send to the USCIS
but still he situation bohers me…
can we get denied based on that record?
Thank you!
Hi Mariia,
Your fiance will have to submit all the certified documents for that incident. Although, I don’t believe a small incident like that 15 years ago would pose a risk to your K-1, it’s best to be very forthcoming in your I-129F petition. That way, the USCIS won’t come back and ask for more evidence or risk a denial. I suggest you also draft a statement explaining the entire incident.
-Prem
Hello. And I thank you for the great insight you are sharing with those us in this very awkward situation,
I have an armed robbery conviction and 28 month prison sentence from 1989. In disclosing this on the petition, exactly how much background is too much information? Do I include affidavits?
Thank you for your time. abw
Hello ABW,
In my experience, the more you can give, the better. It all comes down to the USCIS thirst for your case details. For something like a robbery, I would suspect they’d want all that you have in terms of arrests, convictions, sentence, and court documents. Affidavits become important if they want you to prove that you’re no longer a threat to society. But, I wouldn’t give it unless they asked for it. This is one of the rare times I would suggest you speak to a professional who’s dealt a whole lot with criminal records and immigration, Abw.
-Prem
Hi, im applying for k1 visa and i had driving tickets and had summon for court.. I have paid all my tickets off will this affect my k1 visa.. All of this has taking place 17 years ago…
Hey Nicole,
Driving tickets are usually not a problem for k-1 visas unless it was related to drugs or alcohol or there was some conviction/jail time/criminal history as a result of it. If it was a normal speeding ticket, then it won’t harm your case. Especially if it was over 17 years ago, then it may not even show up in records. I suggest you visit your local court house and get a background scan done to verify.
-Prem
Hi Pem,
I am a US Citizen (by naturalization) and have lived in the USA for 30 years. I have a DUI (2003) and a misdemeanor road rage incident (2011 – believe it or not, I was not the instigator of the road rage but the other guy came out worse so I got the conviction). Do you think this will be a problem for my k1 application?
Thanks for your help.
John
Hey John,
As you’ve read in the article that only some rare crimes/convictions are automatic denials. All other crimes are typically seen as a way for the officer to determine if the US petitioner is going to be a “dependable spouse”.
As for the paperwork part of it, you will have to submit all court/police/legal documents that arose from the crime, arrest, conviction, and/or sentence that followed. That’s because it lead to a real conviction.
Other than that, be sure to disclose all the information to your fiance so it’s clear there’s nothing hidden between you two. Believe it or not, Officers legally must disclose this information to your fiance if certain convictions are on your record. And it wouldn’t look good for your proof of bona fide relationship if the officer realizes that you two haven’t discussed this important topic.
There is no “yes” or “no” answer to your question if it’ll be a problem or not. We don’t know. You will try your best to submit all paperwork and disclose your past info to your fiance.
-Prem
Disclaimer: not legal advice. See full disclaimer below for more details.
I had a question several months ago about the criminal background check. When I submitted the i-129 I included all the paperwork for it. My question now is i just found out through my attorney for a child custody case that my ex attempted to put a protection order on me 4 years ago. He said it was dismissed and i never got any paperwork from it. It’s been 179 days since they got the i-129 packet and I’m getting nervous about an rfe. When I called the courts they didn’t have any information about it. Is it going to be a problem? Do they want you to include dismissed charges (which I never got charged with it)
Hey Jonathan,
From the sound of it, the protection order request was never entered into court nor accepted by the Judge. With the information you’ve given me, it looks like it was never “official”. It was only an attempt that was shot down by the court before it was formally entered. And maybe that’s why there’s no paperwork trail, you were never informed about it, and why the courts don’t have record of it. If I were in your place, I wouldn’t do a thing right now, unless the USCIS comes back with an RFE. What do you think?
-Prem
Disclaimer: not legal advice. Read full disclaimer below.
Hello,
I was arrested during my divorce for crimes against children. The case was thrown out by the prosecution and the police officer was put in front of a review board. I eventually won custody of my children. How will this arrest affect my application? Will it at all since it was never prosecuted?
Hey there Joe,
Crimes against children are considered especially worrisome for the fiance k-1 visa process. There’s a specific law (Adam Walsh Act) which lists specific crimes which can get you automatically denied for petitioning an immigrant. Not all crimes against children are there, some are. But since you were not convicted and the case was thrown out, it will probably not affect your I-129f adjudication. Nonetheless, the USCIS requires that you submit copies of the incident, police reports, and court documents.
-Prem
Disclaimer: not legal advice. Read full disclaimer below.
My bf had a DUI last year and the fine was more than USD 500. This is his first and only DUI.
Do we need to report this in I-129F form?
Thank you!
Hi Suki,
As you’ve seen in the I-129F instructions, most criminal history must be disclosed. Since the traffic fine was more than $500, it must be reported. That’s regardless of the # of times this happened (e.g. first time). You should provide your criminal history with all documents within your I-129F.
-Prem
Hello,
I have two charges child neglect without bodily harm. My child is special needs and she likes run off in public, police was arrested me twice for this in the past, but now she is on good meds and treatments and doing well. My fiance is from India. Can I sponsor with the K1 visa? Or, is it a lost cause. He knows everything about me and this situation.
Hi Smee,
It’s difficult to answer that question. It really depends on the extent of the crime and the ultimate conviction that was rendered. If it was just a “charge” without conviction, then in my opinion it’s probably not an issue. If it was anything else related to Adam Walsh Act (AWA) crime’s list, then it’s a possible problem (I doubt it). I suggest you do some research on AWA laws. But, in any case, be sure to submit all certified court/police documents within your I-129F and supplement letter to explain your situation. Please let us know what happens in your case! thanks
-Prem
My ex-wife’s sister just got engaged to a man from the US that plead guilty to 4 counts of felony voyeurism vack in 2015. How do you think the USCIS will handle suxh convictions? She has a child and my ex and I have 3 and I feel he is a great danger to my children. I alao feel this is a fraudulent marriage but would be hard to prove. Any comments would be appreciated.
Hello Kyle,
That’s a very serious situation. Well, to your relief, the man you mention has pleaded guilty to certain crimes that the USCIS deems automatically disqualifying for the K-1 visa. And, this is one of those rare cases which will most likely get automatically disqualified because it’s under the Adam Walsh Act crimes (AWA). Note, this only applies if he’s convicted for crimes against children. You may want to research it further to see for yourself that the crimes you’ve mentioned are indeed listed there.
For most AWA cases I’ve researched, most were quickly denied. However for those US petitioners who “fought” had to go through a lengthy legal process, and even then didn’t see much in terms of approval. So, for those petitioners convicted of AWA cases, it’s a futile attempt. Most, if not all, are denied. Let me know your thoughts.
-Prem
Hello Prem,
will a domestic violence charge from 18 years ago with no violence involve, it was a mad ex-girlfriend on my record an automatic denial. I went to court she didn’t show up, so it was continue, so next court date she was there and I had to pay a fine of 157 and that was it
Hi Chris,
Domestic violence is not an automatic denial, but it’s something that raises their eyebrows. The USCIS wants to be sure that the incoming beneficiary isn’t going to be subject to such domestic violence. That’s why they’re particular on the subject. Your responsibility is simply to explain the facts of your past, and attach records.
The USCIS will take into account the severity of the “crime”, it’s implications, how long ago it happened, etc. to figure out how to proceed. The US Consular officer will also inform/ask the beneficiary if she’s aware of the petitioner’s records.
-Prem
Hi,
I was arrested in Alabama for marijuana possession when i was 18, 13 years ago. My case was dismissed after attending rehabilitation courses. I have contacted both my city and county court centers and neither has records of the incident. I want to do everything as correctly as possible as the petitioner, however i do not want to list something of which i cannot provide documents for. I also want to avoid receiving any RFE’s because as you may understand i want my fiance with me as soon as possible. What should I do to avoid delaying the process?
Hey Jason,
as you’re aware, any crime needs to be disclosed regardless of the outcome/results of the court, rehabilitation, etc. It’s good that you went through rehab. Your duty is to compile all these papers and send them to the USCIS along with your own statement.
Even if the court/county clerk’s office doesn’t have any records, the FBI and/or other departments may have it on their records. And since the USCIS checks a wide range of databases, it may show up in some places where you didn’t expect. That’s why it’s best to be open and send them the info in your petition. That way you’ll avoid RFEs and delays.
-Prem
—disclaimer: not legal advice. see full disclaimer below—
My future husband is originally from Colombia but he lived in Canada for a while. He got 3 charges and went to jail for 2 months there, paid a fine and was waiting for his sentence but his visitor visa expired, so he returned to Colombia. He doesn’t have any criminal record in his country and was in Canada on a visitor visa. Would that still show up or can be an issue for applying for marriage visa to the USA? I’m an American citizen and I want to sponsor him to come and live with me in the States.
Hi Sandra,
I’m not familiar with criminal law in Canada. But, from what the I-129F instructions say, if you (the US petitioner) have any sort of criminal history, it must be disclosed. However, for the beneficiary (your fiance), he’s not required to disclose anything at this level. That’s not to say that criminal background checks will not be performed on yourself and him. If/when the USCIS spots something, they will inquire. If, however, they do not find any records, your fiance is obliged to disclose it during the K-1 interview. Remember, he will need to bring in police certificates from all places he’s lived or visited where he was arrested or had a run-in with the law.
Either way, this situation will come back to haunt you. Most likely when he goes for the interview.
-Prem
Hello, I am applying for a fiance visa for my girlfriend in the Philippines and I have a felony assault on my record from 16 years ago, I got into a fight with an another man and it got ugly. I was put on probation and served it without any problems and it was in a city where I never lived, so I never had an address in that city, so do I still have to disclosed this felony. Please email me back and tell me what you think thank you
Hi Chris,
Yes, all arrests, convictions and records must be disclosed to the USCIS. As you know most aren’t reasons for automatic denials. Instead, they help the USCIS figure out if the US petitioner will be a “threat” to the incoming beneficiary. By you disclosing all the history, it just puts things into perspective and they can evaluate your case. include your court records, police records and results of the case (if any).
Be sure to discuss your record/history with your fiance because it is required for her to know as well.
–please note: this isn’t legal advice. See full disclaimer for details–
-Prem
Please write to above and I can respond with my question. Thanks
Could you please email me?? Thank you so mucg
Hi there, I wanted to know how two petty theft misdemeanors from the past will effect the k1. Its from the us petitioner not the fiancee. Thank you so much
Hey Jay,
Just like the previous comments, any “history” now has to be listed where it involved arrests whether or not it developed into anything. Petty theft isn’t part of the specified crimes list, but it is a crime nonetheless. I doubt it will adversely affect your K-1 case but you still have to submit all kinds of certified documents in order to explain the past to the USCIS. I suggest you include all certified documents and include a written statement to accompany your I-129F.
-Prem
-Please note, this isn’t legal advice. See full disclaimer below.
I was passenger in a car 42 years ago in Dallas and police found marijuana cigarette under driver’s seat, he said it was not his and it was not mine so police took me to jail where I was never charged and was released 15 minutes later, do I have to hassle with trying to document something where there was no crime and no documents? Thanks John
Hi John,
I’m afraid that counts under the new I-129F rules. They want you to list all arrests whether or not it developed into anything. Although you were released and never charged, I’m sure you had some paperwork handed to go when you left.
The problem is that, as you correctly suspect, there will probably be no records once the USCIS does their background check. Nevertheless, you don’t want to risk any potential “hits”. I suggest you include all certified documents and include a written statement to accompany your I-129F.
Did you visit your courthouse to see if they can find any records?
-Prem
–please note, this isn’t legal advice. see full disclaimer for more…
I have questions about past criminal history. May i email you about the specifics?
Hi Rich,
yes you can
My fiancé tried to come visit with a tourist visa she was denied and her visa was convinscated she was her “punishment was to not enter the us with a immagrant visa for 5 yr…” but we have filled for a k-1 what else will we need or will it get denied
Hello Braxton,
Do you mean she has a 5-year ban? If you apply for a k-1 it really depends what’s the reason for the ban. A k-1 petitioner can ask for a waiver to drop the ban and be eligible. Otherwise, she’ll be found ineligible at the interview.
hi my name is erick, i was arrested back in 2009 for DWI , will this affect my petition for my fiance? thank you
Hello Erik,
Thanks for stopping by. Only certain things are automatic denials for the K-1 visa. Most “crimes”, even if they’re on the specified list aren’t automatic denials.
Crimes are usually seen as a way to determine if the future-spouse will be a dependable one. If you have a DWI, and it didn’t amount to any major, then I doubt it will negatively affect your K-1. But that remains to be seen and depends on the circumstances.
Your obligation is to disclose all of your background and history to the USCIS.
-Prem
Hi Prem,
My fiancee and I have no criminal records, but have both lived in multiple countries.
Do we need official evidence confirming that we have no criminal records for each country? It’s possible to acquire such documents, but is just a huge hassle for us to through the police/government of a few different countries.
Or, is a criminal record only necessary when you have a criminal background? Since we have no criminal background, is it okay not to provide any evidence supporting this fact?
Hello Steve,
If you (the US Petitioner) do not have a criminal record, you do not need to prove anything. Just submit your I-129F without any of that proof.
If your fiance (the beneficiary) doesn’t have a criminal record, you also do not need to submit anything with the I-129F. However, she will have to get a Police Clearance Certificate as a routine requirement for the K-1 interview.
For now, you don’t need anything. When it’s time for your K-1 interview, that’s when she needs a PCC from all the countries that she’s required to get it from.
For the interview, does my fiancee’s criminal record have to be notarized? It is from New Zealand so obviously already in English language. It is the official sealed document from the federal police. Yet, so we need to get this norarized before the interview?
Hey Steve,
As far as I know, the documents of criminal history for the interview must be presented in originals. Whether or not that particular documents needs to be notarized depends on the actual document.
You wouldn’t get something notarized if it’s already an original. So, it will depend on the document. However, just to be safe, I suggest you bring along the original + photocopies to the k1 interview.
-Prem
Hello, my fiance, has a criminal record, but it will be finish by court, in school some hooliganes attack him, and he was alone they was 6, and one of them of that group of hooliganes, he (my) fiance attack with knife on his leg and arm, to protect his slef from that band of hooliganes. My fiancé was arrested and this case was closed by court. So can this influence on his interview or to ger his visa.
Hello Ksalb,
First, please let me know if your fiance is the US petitioner or the foreign fiance. Secondly, depending on the crime, conviction and judgement of the court, it may have an affect at the interview level.
If your fiance is the US petitioner, then the USCIS will demand certain documents to be submitted. It will help them determine the “risk” that he poses to the future beneficiary.
If your fiance is the beneficiary, then the US Embassy demands a Police Clearance certificate. If the records show up on that, they will also require full disclosure of the events, court decisions, etc. They make a decision after you provide them all documents.
let us know
-Prem
Yes the beneficiary has that criminal record. And he apply for visa other countries he don’t have problem. In his police certificate say he don’t have criminal record because is closed by court.
Hello Ksalb,
The Police Clearance Certificate is issued once the authorities conduct a background check on the beneficiary.
Now, it’s possible that in the beneficiary’s country, his history doesn’t show up on the record. Nonetheless, the beneficiary is required to disclose it when submitting a DS-160 form. This form is required by all applicants and in it, it asks to declare particular criminal history.
If so, he will provide all documentation to the US Embassy upon his K-1 visa interview. After which the Embassy will make a decision on the case. I’m not familiar with the particulars of his court results. But it seems that if he’s gotten visas approved, then this shouldn’t be a problem. But, we don’t know until the actual interview.
Hello,
I am currently doing paperwork for a K1 for my fiance and just saw the criminal part. I have been charged with 4 DUIs and they were all reduced to a simple traffic violation, also I have 2 felonies on my record. If you get free could you email me as I am having trouble understanding fully what might cause me the biggest issue. Thanks!
Jacob, Check your email. I’ve already responded. Cheers
-Prem
I’ve met a girl from China through a web site and did the IMBRA. I was charged at the 17 and waved into adult court for two felonies, burglary, and theft. I don’t see those as listed under the IMBRA specific crimes. How does one gauge if they will be denied bringing a girl into the USA for the K 1 Visa? Or is it just one of those try and see what happens sort of a deal?
Jake
Hey Jake,
It’s almost always impossible to gauge your chances of success if criminal history is involved. I guess, what I would say is, in the end it’s the severity of the crime. Although most criminal history isn’t an automatic denial, it is open for interpretation how the Consular Officer feels that you’re a “threat” to the safety and well being of the beneficiary fiance. Especially if a young (k-2) child is involved. I know it feels terrible that your past comes to haunt you.
Dear all
i have a question about alien number (since i am naturalized citizen) on form i-129f there is a box to enter. do i have to enter previous alien number?
another question for multiple file waiver,
in Part 3 (Other Information) Question 4 says:
Indicate which waiver applies:
– Multiple Flier. No Disqualifying Convictions (General Waiver)
– Multiple Filer. Prior Criminal Conviction for Specified offenses
– Multiple Filer, Prior Criminal Convictions Resulting from Domestic Violence
– Not Applicable, beneficiary is my spouse
In my case the multiple filer answer does not apply so my best option is Not Applicable, beneficiary is my spouse. What throws me off is the last part “beneficiary is my spouse” we are not married yet and I am not sure if this question should just be left blank or if I should choose this answer..
Can someone please tell me what’s the correct way of answering this? I read that most people just choose the last option but I am not sure if this applies to me.
i would appreciate your help in this case.
thanks and best regards
victor
Hello Victor,
1. Yes, use the Alien registration number (“A” number) from the certificate of Naturalization as your A# for the I-129F form.
2. Part 3’s question about multiple filer says 5d “not applicable,… I’m not a multiple filer” which applies to you. Since you’re not a multiple filer. The “beneficiary is my spouse” is for those petitioners who are using the I-129F form for the K-3 visa. You know, this form can be used for different K visas. For the k-1, you select “not applicable”.
Hello,
In regards to Part 3 4a – I had been charged with underage drinking twice when I was 20 (30 now), is this something I will need to report for this section? Would trying to get court documents on this even be necessary? thank you in advance.
Hello J,
That depends on the circumstances of the case. Were you arrested? did it follow through with any convictions or punishment? It sounds like you will probably need to provide court documents. We should discuss further by email.
-Prem
I would be the US petitioner, I have 3 misdemeanors for the same thing. ( shoplifting ) that resulted into a felony.
Am I disqualified from petitioning a fiance?
Hi John,
Only a certain list of crimes actually disqualify anyone from petitioning a fiance. The majority of crimes require the petitioner to provide extensive documentation on the history. Following your review, the USCIS and US Dep’t of State will evaluate if they consider your crime a “risk” to the beneficiary or his/her child.
In your case, a shoplifting, even as a felony may or may not be considered a “risk”. We can discuss further by email if you’d like.
-Prem
Hi Prem
Im from india My fiance put my papers in july and she already got NOA1 and now she got call from some department they want to see her and …is that for background check ? Second i have is whats timeline for k1 visa
Hi Harpreet,
Please have her contact me. We can all discuss the situation together.
-Prem
I am applying for k1 visa for my fiancé. on the form i129f It asks have you ever been convicted of three or more alcohol or controlled substance, I answered yes. the problem is that my background check is only showing two out of four charges the other two were expunged. I moved to another state and its going to be a problem for me to go the state I got the charges in to get the paperwork. is this going to be a problem?
I’m not going to lie on the form, I’ve already filled it out and put that I had four convictions
Hello Jonathan,
It’s a good idea to be safe than sorry. The USCIS has resources to check your records even if you don’t reveal them. By answering “yes”, you’re freeing yourself from possible claims of hiding material facts.
Although if you don’t have he documents to show for your history, the USCIS may request you to provide it. That’s just a heads up for you.
Even if something is expunged, destroyed, sealed, etc. you must disclose it. Or at least provide as many documents as possible for it.
How did you do a background check in yourself? Are you referring to going to a courthouse for a background check?
through the state police, since I moved out of that state I had to mail them my fingerprints. wouldn’t the clerk of court have the expunged records and if so my sister still lives there, could I get her to get my records?
Hi Jonathan,
Unfortunately, it’s difficult to say if the clerk could find an old expunged record, let alone allow your family member to retrieve it on your behalf. That’s up to them, you should contact them to find out. Typically, if the court doesn’t find a record, they will issue a “no records exist” sort of document for you. That’s an acceptable piece of paper to submit to the USCIS to declare that you indeed don’t have any records to retrieve from the State’s system.
Hi Prem,
I have to first say thank you so much for your site it has literally been my saving grace and guide through this process. However, there are some things that I have not been able to find on your site that leave a few questions before I submit my K-1 visa. I was wondering since I do not have a criminal past at all, and filled out the I-129f this way in section 3 do I have to submit anything with my packet about a criminal past that I don’t have? So, do I have to prove I don’t have a criminal past? I am following your 14 point checklist and this confused me because there are some things that don’t apply to me like we did not meet on an IMBRA and I don’t have criminal past so 9 does not apply to me. Also I was confused with number 10 about translating documents. I provided my proof of meeting in question 54 supp in both English and Spanish I write it. So is that what that means? Or is there something else? I am just asking because I want to try to submit the full packet by the end of the week or early next week if possible. I have been searching things up for a while to make sure it is the best packet it can be. I am using your cover letter and checklist to make sure I have everything and that it all is good evidence.
Hi Alexjandro,
If certain things don’t apply to you, then you should ignore them. But before you assume it doesn’t apply to you, be sure to verify.
If you do not have a criminal history you do not have to provide any document to support that claim. Similarly, if you did not meet online (through IMBRA) then you may ignore that requirement too. It depends on your situation.
The 14 point checklist covers all possible scenarios and it’s meant to alert you of situations. If a few points don’t apply, then you may disregard them. Again, be careful before you ignore anything.
I thank you for visiting. I’m also more glad that my website and advice is helpful to you. Please share with your friends and give a “like” on FaceBook.
Also, if you have further questions, drop a comment or an email.
-Prem
Hello, I was convicted with a felony domestic assault 7 years ago and a violation of no contact order in the same year. The felony was reduced to a misdemeanor, is there any chance I could get a k1 visa for my fiancé or is there no chance?
Hello John,
This is hard to say if you’re going to be approved or not. Domestic violence is in the list of “specified crimes” which must be disclosed to both the USCIS and your foreign fiance. It’s not an automatic denial. But it may become a problem if you don’t submit the entire paperwork (all of it) and share the full details of your past with your fiance.
In the end, a combination of factors will determine if you’re approved or not. Secondly, the US Embassy officers will also make a determination as to whether or not a visa should be granted to your fiance keeping in mind that you’ve a domestic violence past.
If you’d like to discuss further, let’s communicate by email.
-Prem
Hi there,
I have a misdemeanor on my record stemming from an overpayment of funds by the government. I failed to report an increase in income during a bad financial year…not because I was trying to be sneaky, but because I didn’t think it was enough of an increase to matter. A really stupid oversight. This was in 2008. I was called in for it and was made to pay back the money in small amounts every month. I lapsed on a few payments and in 2012 was arrested and charged with a felony, which was quickly reduced to a misdemeanor; no jail, or even probation, I just had to pay the remainder of what I owed, plus a court fine. I’ve never been in trouble before or since, I have a nice job that is stable, earns well, and where I have job security for sure. My questions are: will this affect my I-29F application to sponsor my future husband? Should I provide court records, even though the application only asks for them for certain offenses? Am I guaranteed an RFE? I know that a record is not automatic grounds for denial, but since my official conviction is falsifying an instrument, despite not serving time and just having to pay a fine, will this be considered fraud that is bad enough to deny our case? Will the fact that I was first charged with a felony be almost the same as being convicted of a felony, or will that not matter because it was reduced? I just have no idea what shows on a background check. I’m so worried and upset. Thank you for your help.
Hello M,
This may turn out to be an issue. Let’s discuss further by email.
-Prem
Yes I have 3 misd crime but no felonies. I filed already March 24 noa1… But I have been truthful on the filing..welp
Hi there, I have 3 DUI’s, one 25 years old, one 8 years and one 3. None were felonies. All fines were promptly paid and no other convictions of any kind. Will this hinder my K1 application to bring my fiance to the US? Everything I’ve read states I just have to disclose and provide certified court copies of each. Should I be worried?
Hey Sam,
The lack of clarity in the USCIS’s instructions and general ambiguity make it hard for most people to understand the issues involved with criminal history. In actuality, a lot is open to debate and/or interpretation. So, let me try to explain the facts versus general understanding.
3 or more DUIs require the petitioner to disclose all history. So, you’re right you’re going to go to the courthouse and get certified copies of your past history. The reason why you have to disclose it is because IMBRA regulations require anyone with 3 or more DUIs to reveal those facts to their incoming beneficiary.
So, it’s not an automatic denial or a reason for rejection. But, it may be. It depends on the severity of the crime, the age of the petitioner at the time, and the circumstances of the incidents. So, it’s open to critique from the adjudicating USCIS officer what he/she considers severe for much of the DUI history.
Seeing how you have no felonies associated with the DUI, the fines were paid and no other history of crime, I would suspect that you shouldn’t have much difficulty as far as I can tell. You will have to disclose your DUI to your beneficiary. Which is primarily what the whole reason behind the IMBRA regulations.
Hi there,
My fiance has had 1 misdemeanor conviction (which he served probation for) and 1 pending case (which hasn’t been tried yet, even after 3 years) and I was wondering since it is under 3 convictions, will that affect our petition? It will still show up on his background check but he hasn’t been arrested more than 3 times like the petition stipulates. Just want to know if this will affect our petition at all?
Oh he’s the US citizen, so he’s the petitioner with a record. Sorry, forgot to clarify.
Hi Constance,
You must disclose any crime where the petitioner has been arrested, convicted, imprisoned, charged, etc. The rule about 3 incidents or less (convictions, arrests, charges) is only applicable to DUI. Depending on the crime (whether it’s on the list of specified crimes), the severity of the crime and the verdict of the case, it will decide if the petitioner is eligible or not to file the I-129F.
Hi, thank you so much for the support.
Here is my question. I am currently applying for a K1 Visa, we got RFE May 17 and they just received it yesterday. Jun 29th we planned a trip to visit my boyfriend’s family (He is american) in the U.S, I have a tourist visa. If I do that trip and enter with my tourist visa, does that cancel my current K1 application?
I have read that there is chance that you are denied the entrance giving that you already claimed that you intend to stay by applying for a K1 Visa, I will have a return ticket because I will come back and wait until I go through the process. Does this trip affect me in any way?
Hello Rachel,
If you have a current K-1 petition ongoing with the USCIS or Embassy, you must be careful entering the US. Even if you have a valid tourist visa and follow all the rules, your attempt to enter the US may be seen as suspicious.
The reason is that the Port of Entry officer may question whether you’re coming to the US just as a tourist…or you’re going to marry your fiance. Since you’ve declared your intentions to getting married in the US (by virtue of filing the I-129f petition), it suggests to the Immigration officers that you may be entering the US to marry the petitioner. It’s not always the case — you must be careful and convince the CBP officer that you’re going to return faithfully back to your country. Ideally, you should present documented evidence at the border to support your claim that you’re going to return. Do you have any of that?
Entering the US with a tourist visa DOES NOT cancel any of your immigrant visa petitions. It’s perfectly alright to have an on-going immigrant petition (K-1) while you enter the US with a B1/B2 tourist visa. Again the problem may be that you’re possibly denied entry. However, even if you’re denied entry, it will not have any negative impact on your concurrent K-1 visa petition.
Hope this helps,
-Prem
Hi Prem,
I am about to apply for a K1 visa and I have some questions regarding my past. Can you please email and help me? Thank you so much for providing help and guidance to all of us.
Mark
Mark,
No problem. We can discuss by email if it’s better.
Cheers, Prem
Thank you so much
I’m worried. I went to work in China on the wrong visa and was told it was okay. It was only later that I found out that it wasn’t. However, I did meet my fiancee there and do want to sponsor him to come to the US.
Will we be denied because of these circumstances?
John,
You, as the US petitioner, aren’t under any kind of restrictions (in immigration terms). I presume the Chinese authorities might have an issue but most likely the US will not — in regards to your K-1 anyway.
You’re not required to disclose what type of visa you used to visit your fiance(e). If you have met your fiance in the last 2 years, then you’re eligible for the K-1 (all other conditions being fulfilled). I don’t see an issue with the I-129F petition.
The issue might arise when your case is with one of the US Consulates in China. As a routine process, they will perform YOUR background check and perhaps see the circumstances of your travel & stay.
How were you informed of the wrong visa type? by letter? is it in your official records?
Thanks for the reply. Everything I’ve read, even on the USCIS website, doesn’t mention any immigration violations for the petitioner (at least in regard to immigration laws outside of the US), so that’s why I am concerned.
There’s no official thing in my record. I was young and fresh out of college, looking for a job. I found one through a recruiter online who assured me that all of her clients worked on a business visa, it was fine, there was some loophole, the school would provide me with the work visa, etc. All stuff that should have been a red flag, but I had no experience with it and was really naive. Well, after I got there, I realized I had been lied to. The only thing that was true was that many foreigners do work on the wrong visa, but it’s still not LEGAL.
So, that’s why I’m concerned. Because we MET while I was abroad this way, maybe it would harm our chances or show up as a red flag. My fiance has no immigration violations for any country (only ever traveled to Thailand), no criminal record, etc. I also have no criminal record and nothing official regarding my immigration violations in China. However, should they realize I have a business visa (which I guess they will?) and see my employment history on form g-325A, they will put two and two together. That being said, I haven’t seen anything regarding this information anywhere. Everything seems to be pretty specific about it being the alien fiance who must have a spotless immigration record.
I’m just worried it’s all doomed from the start.
John, check your email
Hello,
I just want to ask i have a friend here in dubai before she surrender and her kids.her case was debt and overstay now they are in the philippines.her fiancee wants to apply fiancee visa.does her past case will be a problem for visa denial.and what if she will not declare that she was here in dubai before can that be a problem also.
Hoping for your response
Hello Ihyn,
I’ve responded via email.
Cheers,
-Prem
I have a question. What if i commited and arrested and not being convicted or charged because it was self defense, do i need to disclosed it in the I129f form?
Hello,
This is Prem from Visatutor.
I understand you have a question about criminal history in regards to filing the I-129F.
I didn’t think it was appropriate to reply to you in the comments section of the website. You see, I respect privacy and appreciate confidentiality. That’s why I’ve decided to email you instead as the information I give may be sensitive.
Please check your email.
-Prem