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Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. 1435 Huntington Ave, Suite 336 See this article for more on that subject. Whether you are preparing the petition yourself or hiring a K-1 Fiance Visa Immigration Attorney, the preparation of the supporting  documents is a key part of the process. Please seek the help of a licensed professional if you need legal help. It is important to get the “charging document” or “complaint” or “information”. Multiple felony convictions by the US citizen may not impact the immigration process, unless the convictions are related to sex crime involving a child. Go to: Seek professionals for more information. ALL applicants MUST FIRST determine if in fact the event was registered and if a certificate exists. 650-588-4302 Please enter a valid phone number. I wanted to know if I can apply for the 601 so many yrs, since he was denied. There are certain crimes that could disqualify you from using the K1 Visa. St. Jones WHAT TO DO IF THE DOCUMENTS DO NOT EXIST OR UNOBTAINABLE. We are not associated with any government agency. K1 Visa Applicant Requirements – Is single or free to marry – In good health – Has met fiancé at least once in the last two years – Able to show existing and genuine relationship with the American sponsor – No Criminal record; The minor child/children of the K1 Visa beneficiary can travel with the mother to the US under the K2 visa. I-129F K1 Fiance visa – Criminal Records of Petitioners. Proof of Beneficiary’s Prior Legal Entries into the US, Non-immigrant Visa, Passport Picture Page, Border Crossing Documents, Proof of Face-to-Face Meeting & Relationship, Petitioner’s Prior K-1 Visas & Waiver Letter requirements. If the government department / office will not issue an amended certificate, you must include an affidavit regarding the error and why it cannot be corrected and provide Secondary Evidence (Refer to B-3 below). It is important to get the “order”, “sentence” or any other document which shows that a case was dismissed or a sentence was imposed. Provide date, location and occasion of each photo. Please see our Immigration Links for additional family immigration resources. If either one of you has criminal records that fall under IMBRA:You should seek professional counseling before filing the I-129F Petition. All Rights Reserved. ‘The adjudicator or consular officer is going to ask the fiance if they were aware of the criminal history, and they’re going to present these documents to them. If there are errors on your Birth Certificate or your birth was not registered, and/or you were not issued a Birth Certificate, you will require other evidence. Flushing, New York 11354 USA Olongapo, Zambales, Should have photos from the engagement if possible. Do not answer questions for each other. In other cases, your criminal history will make petitioning for your fiancé all but impossible. have a history of drug abuse or addiction. A crime on one's record can block eligibility for a visa or U.S. lawful permanent residence By Ilona Bray , J.D. 650-588-4302 Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Printed in color on thin paper with a glossy finish; Have a full face, frontal view; and no glasses; Be 2” x 2” and have a head height of 1” to 1 3/8” from the top of the hair to the bottom of the chin; Have eye height between 1 1/8” to 1 3/8” from the bottom of the photograph; Head must be bare, unless you are wearing religious headwear. We’ve successfully done K-1s for lots of people with criminal history. Arrests and criminal history and convictions are not necessarily a reason for a denial. Filed a K-1 Visa approved with the last 2 years. There are two scenarios that we need to look at: first, the US citizen having a criminal record and second, the beneficiary having a criminal record. CA Copy of entry-stamp and copy of EXIT stamp when Beneficiary left the US. The reason is that U.S. immigration law ( I.N.A. Deployment Orders and location of next deployment (if applicable). If you are a naturalized U.S. citizen, then you must provide photocopies of every page of your U.S. Passport and provide information about your naturalization as asked on your I-129F Application. We'll assume you're ok with this, but you can opt-out if you wish. We also use third-party cookies that help us analyze and understand how you use this website. Note: you will need to apply for the Adam Walsh waiver in this case. Moral turpitude is determined by the nature of the offense for which the beneficiary was convicted, and not by the acts underlying the conviction (see the list above). Should be CONCISE and to the point. If you are seriously thinking about getting assistance [Check this out..]. Many officers will ask why you selected your attorney. court, etc.) No prior criminal or US immigration violations in past. If you met online provide details about the first time you met FACE-TO-FACE and what you did together during this time. 94080 These background checks are available online for a fee but make sure that you are using a reputable company. Do not include photos that are too INTIMATE. Affidavits must be executed before an official authorized to take oaths or affirmations and must state the date and place of the event, maiden names of all parties involved, what the issue is – for example, not legally required to register the event and proof that the event occurred. Necessary cookies are absolutely essential for the website to function properly. The potential impact of the US Citizen having a criminal record, is different for a Fiancé Visa or Fiancée Visa than for a Spouse Visa or Marriage Visa. Have previously filed for 2 or more beneficiaries OR. You may use 0-9, spaces and the ( ) - + characters. What happens at the Fiance K-1 Visa Interview? Even if your case was closed, your records were sealed or expunged, or an attorney told you that this will never show up on your record, it is not considered “gone” by the USCIS. If vacationing in the Central Visayas you may also visit us in Dumaguete, Negros Oriental Robinsons Mall by appointment only. Do not be surprised by this question. Each Foreign Applicant must FIRST ascertain that the documents in their possession were issued from the correct government office. You will be in a better place by know exactly what will come up later on during the interview (or if you receive an RFE). This category only includes cookies that ensures basic functionalities and security features of the website. US documents are rarely unobtainable, so you should have no problems obtaining them. This happens a lot because Couples think that because a divorce or annulment is getting done that their petition will be alright? I-129F K1 Fiance visa – Criminal Records of Petitioners, I Understand Visa Tutor Cannot Give Legal Advice. Try to control your facial expressions, so that they cannot be misinterpreted. If there is an error in the DATE or LOCATION, you MUST get an amended certificate noting the correct information. However, if you have already been convicted, that is a entirely different story. Once you have a list of all of your arrests and convictions, you should contact each court with your case number to get the actual file. Copy of court order granting the “name change”. How does a dismissed arrest (or expunged criminal record) effect a K-1 visa outcome? The process of getting your record can be time consuming but it is worth doing to begin the process correctly. Often times I talk to Couples who either tell me that they almost filed their I-129F Petition for Alien Fiancee or that they “Did File” already at USCIS. impact on the process of their spouse’s/fiance(e)’s immigration. So it’s very important that you be truthful and honest when you answer the questions and make sure that you provide the police records and court records. Must contain current address or provide proof that the address has been update. All Documents that are in a foreign language must be accompanied by a CERTIFIED English translation. Email This website uses cookies to improve your experience while you navigate through the website. Having criminal records in anyone’s name will draw many confusions and uncertainties. Know Before You File:Often times Couples think that they are ready and have everything needed in order to get a K1 Fiancee Visa? Photographs (See Requirements Below and Refer to Addendum C). If you’re unable to obtain the requested documents, in some cases, you can write a personal statement or letter describing the conviction or the arrest and give your side of the story. Certain types of felonies and non-felon crimes require you to provide a certified court and or police records. You can also visit our Immigration Articles page for a full listing of detailed articles regarding immigration and naturalization law. If you check the box on a K-1 fiance visa that states that you were convicted of a crime, you’ll need to supply or provide the court records, the police records, and any dispositions of that case. have committed drug or controlled substance violations more serious than a single offense of simple possession of 30 grams or less of marijuana. Would You Like to Immigrate to the United States? If you are beginning the K-1 or CR-1 visa process and have been convicted of a felony, read up on the IMBRA requirements. I further authorize release of information contained in this petition, in supporting documents, and in my USCIS records to other entities and persons where necessary for the administration and enforcement of U.S. immigration laws. The U.S. Citizen is called the Sponsor or Petitioner, The Alien Fiancée is called the Beneficiary. Fax: Canadians do not require a Visa. If the US Citizen’s criminal record includes anything related to past immigration fraud, there is high chance that your CR-1 visa petition will be denied on the basis.

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