I-129F Petitioner with Criminal Records
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US citizens with certain criminal records need to comply with some requirements in order to file the I-129F for their K-1 Fiance. Having a criminal background is not an automatic denial but you must be diligent to submit the proper evidence.
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Under the International Marriage Broker Regulation Act (IMBRA), petitioners with certain convictions (criminal history) are deemed risky partners to immigrant K-1 fiances. The US wants to make sure there won’t be abuse or exploitation by the US sponsor who brings in an unknowing, and often alone, foreigner with little family or friend support in the US.
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I-129F Petition Part 3. Other information
In “Part 3. Other information” of the I-129F (starting on page 8), 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.
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The applicable history includes violent crimes, assaults, domestic violence, sexual or substance abuse, among much more.
Realize that complete and certified copies must be submitted, even if conviction was later cleared or sealed (expunged). Evidence of conviction, rehabilitation or otherwise are also required.
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For the full list of “specified crimes” that apply, see the I-129F instructions on page 6 of 14 (part 3).
Although we can’t provide legal advice here, in our opinion, it’s best to write and sign a statement of record where you list the details of all convictions that fall under the IMBRA requirements. There’s no specific template to draft this letter, so go with your own narrative.
All things considered, the petitioner must reveal a criminal past regardless of the severity of the crime… especially if you’ve met your K visa partner online with the help of an International Marriage Broker. In which case, the situation becomes a bit more complex because you may have to get a waiver (discussed below).
Notice that if neither you or your K visa partner have a criminal history, then you do not need to disclose, write, or say anything. Ignore any documentary requirements. You don’t have to perform a background scan on yourself or submit those results to prove a “clean” record.
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Do you reveal all your criminal background?
Not necessarily, but the majority of the time — yes. The USCIS requires you reveal crimes when either of the following conditions exist:
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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. This includes felonies or misdemeanors.
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2. Arrested, convicted, sentence, etc. of crimes. Simply being arrested or charged is enough. DUI, arrests, drug possession, assault, etc are among the most common. 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 specifically.
The USCIS independently conducts background checks with the FBI, inter-agency review, and other national name checks. Keep in mind that the USCIS may be able to see records (even if expunged) if the record still remains with the national database or with the FBI.
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.
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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).
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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 for evaluation.
Once the USCIS conducts the inquiries, they determine whether or not you’re approved.
If approved, eventually your criminal history/background WILL BE DISCLOSED to your K-1 fiance beneficiary during the interview. This is done so the fiance is aware of your background before accepting a K-1 visa to marry you.
My advice is to share your history with your fiance. The consular will talk about your criminal history with your fiance during the interview. Your fiance should be aware of your past even before the interview, otherwise it is a sign of a non-bona fide relationship.
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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. (see common red flags that trigger suspicion)
The point of disclosing your criminal history is for your fiance 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…
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Undependable Spouse. If you’re constantly involved in violent behavior, assault, 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? Will your partner become a “public charge”?
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Off all the listed crimes, there are only certain ones 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).
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Some US petitioners have successfully applied for visas even with federal felonies. Other crimes that lead you to be ineligibile to file an 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. In addition, some white-collar crimes such as tax fraud, etc. also have a negative effect.
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You don’t need a waiver for a criminal record, unless…
Question 5a-5d 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).
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In other words, the US citizen will need to request a waiver only if this is the third (or more) time that you filed an 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 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.
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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 should write and explain the situation and provide documented evidence.
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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.
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Hello, I am preparing to submit the documents for a K-1 Visa. Over ten years ago I was fined around $700 for a fireworks violation. I was told it would be removed from my record at some point. I was only fined, not arrested. I have no paperwork on the incident that I know of. Since it says to mention anything over a $500 dollar fine I am concerned. What should I do? Should I mention it?
I have a juvenile record from 15 years ago and I’m petitioning my girlfriend for a K1, is it fine to just get my record and send it in with the forms or am I going to have to fill everything out and explain everything in detail?
Hi there, thanks for all this information.
Would like to ask you two things
I am Us citizen trying to bring my girlfriend to the US . I had a DUI 8 years ago, went to court and took a rehabilitation program… my question is for this do I need police record and court record or just court record? And I was trying to get my court record and they say they are not working with the physical format but they can email me a certified copy through E-mail but I am worried that it wouldn’t have the wet seal on it. Would that work to send it with the I-129F? I need an answer for both questions, I’ve detained sending the application because of that. Thanks in advance!
I have a question I’m really stressing about.
While i was living in Asia in 2010, I met a girl and slept with her once. Long story short, she had lied about her age and after 2 years of fighting the case in court I was sent to prison under the charge of, “consensual sex of minor” I did my time. I’m now out. My fiance of many years has been with me through this entire process and has supported me the entire time. Now that I’m back in the USA i am about to petition to bring her here to marry her.
I’m so sick to my stomach to find this site and fear that I now will not be able to be with the love of my life. We’ve been together for 6 years. If I can’t be with her I dont know what I’ll do. She’s my entire life and all i want is to be with her. I guess my questions are… “do i need to disclose this” (i assume so because it asks if you’ve been convicted in ANY country) Because of the nature of my charge am I disqualified to even petition by default?
My only hope is that I disclose this offense overseas and let them know up front that She knows, she has supported me from day one and just wants to be with me.
If anyone has any thoughts on this please let me know. I’m desperate
Hi Prem,
I have a question, I am applying for a fiance visa for my boyfriend and I was arrested in the 1990s I can’t remember the date for petty theft. It’s more than 30 years ago, iShould I disclosed that at the criminal questions? I’m confused. Your help is greatly appreciated.
Thanks.
Hi my name is jon. I have a question about the 129 f. The part where it ask me if I ever been convicted or have been arrested etc.. I checked “no”.. because I was confused. I have been arrested for failure to appear on traffic tickets and domestic charges that were dismissed. Both alabama amd virginia. The thing is I got approved by the USCIS already and now to fast forward to the interview which is in two weeks….what should my girlfriend (fiance) say if asked ” have your fiance ever been convicted of a crime?” I’m a little lost at this point. Can I fix this matter?
Hello in my case have you ever heard of a denial for multiple misdemeanors related to substance abuse? (all alcohol related) I believe whats on my record is 2 DUI’s (was originally charged with 3) 2 open containers 2 minor in possetion and 2 public intoxication charges. so in total I believe I have 8 alcohol related charges against me. Im 36 now with most of these happening in my younger days. Would you see any of these or the amount in total being grounds for denial? Everything I sent to uscis as far as records were all certified from the courts so they should have everything they require.
We got approved the I-129F case already, we are waiting for the interview date only.
I just found out that we misread the question of 4.a. on I129F my fiance had a drug record (No charged / dismissed) and a DUI fine was below US500. We thought we don’t have to check YES on the question and we checked NO.
My interview will be coming up soon, what we can do to fix this matter, any suggestion on what we should do?
Or we are doomed to get deny already?
Thank very much for your time and help.
I was arrested 35 years ago when I was 18 years old but I was never charged. I got an RFE requesting that I get any records regarding my arrest. The sheriffs dept says it just too long ago and they would not have any record of it. I got a statement from the sheriffs department but USCIS says I need a statement from the court. How do I get that? I heard that certified statements from people who have knowledge of the incident are good enough.
I submitted my K1 package last November and received my receipt, and just today (4.21) I received a notice of Request For Evidence for my criminal background check.
I submitted my sealed court documents (an official background check I obtained through a postal service) and included the explanation of the charges on a separate piece of paper and signed and dated.
My question is where do I obtain the certified court copies and police records along with a notarized statement of the charges/disposition/punishments? I tried to obtain them originally through the courts and they didn’t seem to be able to fulfill my request or wasn’t sure exactly what i was looking for.
Do you have any insight as to what department specifically handles these requests or somewhere where there is an example of the paperwork they are requesting?
Thanks so much, Michael.
Recently my fiancé and I applied for a k1 fiancé visa. On the I-129f form we said no to all the criminal record question. He had a background check done and it came out clear. My fiancé was charged with arson when he was 14. He had to pay a fee and had a curfew nothing else. The judge said when he turned 18 he would not need to declare it. Now that the petition has been approved and it is now at the NVC. We had him get a police certificate, and it showed his arson charge. We just started filling out his DS-160 form. Is it too late to declare his criminal background?
Hi,
Under Part3 4a. it asks to Indicate whether “you have ever been arrested, cited, charged, indicted,
convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, for any offenses other than those you have already outlined in the previous section”
I’m the petitioner and received two citations as a juvenile (records have been sealed). Do I still need to list that? If so do i need to provide proof from the Juvenile System that I no longer have a record?
Thanks
Hi,
My K1 visa is pending and my fiancee has had letter letter requesting additional evidence – Criminal conviction Records or court dispositions. He had a court hearing last month regarding to a DUI charge and a didn’t get any sentencing just a new court date in April following him completing a treatment program.
Are we best to wait and send the criminal records once this court hearing has been completed in April and any sentencing has been made or just send it now?
Thanks.
Hello. I’m applying for the K1 fiance visa. Should I attach a letter regarding my past criminal history and how I have changed. I have some domestic charges. If so are there any templates I could use?
My ex husband and I got an emergency restraining order against each other, on the same day, at the same time, at the same court house, because of us going through a nasty divorce. It was dropped a couple of months later once mediation was completed for our daughter. It does not fall under any of the specified crimes that is listed on the instruction sheet. So for the question that asks if I have ever had a restraining order against me, what do i put there? Yes I have, but it was not for any of the specified crimes and it was dropped shortly after. Please help.
Hello,
My fiance and I started dating on May 1st of 2018 and we decided to have a break in December. I started seeing another guy. He new guy was aggresive and violent. He attacked me and I had a panic attack. The apartment complex security called the police because I was about to faint. The police came and spoke to me and then him. I could not explain my side of the story because I could not think clearly. I suffered another panic attack when I was confronted by the police because they said he had marks on him. I never attacked him or touched him violently in any manner but I was arrested. I was in jail for 2 and a half days. I had actually called my fiance when I had the panic attack and everything. He was supportive and understanding about the situation. We kept in touch after I came out of jail. He is so loving and supportive. We ended up dating again at the end of December and we got engaged in January. We are now filing our paper work for the K1 Visa. I just had court this week and the case was dismissed because the guy I dated did not appear to court. I love my fiance and I regret dating the other guy in December. What information do I have to provide for the application? Do I need a visa waiver with a letter explaining the situation, and the case dissmal document? Or do I need the arrest paper work, the visa waiver, and the dissmal case paper work? I hope this situation does not sound fishy for the K1 Visa process. I love my fiance so much & I regret everything that happened in December with the other guy.
Hello
I had a quick question regarding my fiance case , I applied for fiance visa on October 2018, and we both expecting to receive NOA2 in maybe few weeks or days,
i was wondering about USCIS background check, my fiance changed his name when he moved to Germany in 2015, he used live in Turkey, and i totally forgot to mention about his other name.so my question is about name change will it affect the case if the couldn’t his name?
appreciate your answer
Hi,
I ( petitioner) was arrested for possession but withheld by juditification as a misdemeanor. My public record doesn’t show. But I paid to get my record pulled up from a website since I didn’t keep anything with me when I moved because I wanted to move on and never thought I would need those negative again until we filed for our I-129f. I did checked yes and submit my public record also explain why I didn’t have copy of police or court record now. Will this be a reason to get a denial???? Thank youl
Hello,
I’ve applied for a K-1 Visa and my fiance lives in the UK. He was charged as a juvenile and then that was removed from his record back in 2009. On his normal police certificate, it says there are no criminal convictions; however, when we order the police certificate specifically for the visa, it shows the juvenile conviction which was for having a knife on his person in public. He was never sent to jail and received 9 months probation. He also has a few cautions and warnings but only that one conviction. My question is, does he need to provide court documents of that conviction? On his police certificate, it says what he was charged with and when, along with the disposal that says “referral 9 months, forfeiture knife to be destroyed, no order made for costs”?
Dear Prem,
After waiting months for my K-1 visa to be approved, I finally got a resopnse for USCIS. Of course it was an RFE. The 3 things they asked for was a “more legible copy of my fiancee’s late husbads death certificate.
I did not check that I did not use a Marriage broker.
And thirdly they want a better criminal history report than I provided. I spent months on this before sending the package. I am 900 miles from the area where I have been arrested (all for DUI and alcohol related…no sexual deviancy.
My question is this: I have requested and paid for an history from the FBI. Will this be enough to satisfy them: https://www.fbi.gov/services/cjis/identity-history-summary-checks
I found your posts and articles very informative and trust your judgement completely.
Thanks in advance
Michael Confort
Hello Prem
My fiancé & will be filing our k-129f fiancé Visa later this month & I am the petitioner.
I was arrested December 31, 2018
“Public drunkenness “ and I was charged with a misdemeanor in California. I am due in court fey01, 2019
I have no other alcohol related arrests or convictions. Will this legal issue be an
obstacle I may not overcome?
My fiancé are worried and in despair.
Sincerely,
Adrian
I got arrested December 31, 2018 for “Public Drunkeness” a misdemeanor in California
Will this be a denial?
Will I be told I cannot petition my fiancé
I am due in court February 01, 2019
I’m praying this charge will not be an obstacle that cannot be overcome
Thank you for all your helpful information
Sincerely,
Ah
I notice that he criminal history disclosure and IMBRA requirements on the I-129 F (petition for fiancee visa) are extraordinary thorough compared to the criminal disclosures on the I-130 F (marriage visa petition) that only require disclosure for crime convictions. In view of this there may be some advantages of marrying your spouse overseas and applying for a marriage visa after the wedding ceremony. Granted, this may take a few months longer than the fiancee visa route.However for those who have minor arrests with no convictions, this avoids the worrisome criminal disclosure for arrests not leading to conviction. It also avoids the IMBRA hassle and nightmares since USCIS seems unable to know how to regulate or what companies are regulated under the IMBRA statute.
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?
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.
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, 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
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!
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
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. 🙁
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
Dear sir,
I emailed you a question and look forward to your response. Keep up the good work!
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
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
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!
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!
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
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…
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
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)
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?
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!
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.
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 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,
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?
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.
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
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
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
I have questions about past criminal history. May i email you about the specifics?
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
hi my name is erick, i was arrested back in 2009 for DWI , will this affect my petition for my fiance? thank you
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, 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.
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,
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!
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
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,
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.
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 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
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
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.
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?
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.
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?
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, 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?
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
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?
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
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?