Assault 4 misdemeanor and K1 Fiancee Visa

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Latest post 04-03-2007 1:40 PM by RickInNoCal. 5 replies.
  • 04-02-2007 3:07 AM

    Assault 4 misdemeanor and K1 Fiancee Visa

    I am trying to figure out whether or not I need to have a lawyer due to my circumstances.

    From my previouis marriage, My ex wife and i had a verbal argument and she went to her mothers house. I then went there 10 mins later and was let in by her brother so i could talk to her. She was still upset and didnt wanna talk, so she asked me to leave. Her mother then barged through the bedroom door where I was talking to her and rushed towards me all crazy like. Thats when I tossed water in her face and ran out of the house. The next morning I found out her mom then called the police and claimed that I "broke in" to the home and had even "hit" her daughter (my ex wife) which is all crazy and didnt happen. Come to find out my ex-wife was seeing someone else and I believe the whole thing was staged in order to get me out of the picture. to make a long story short, I was charged with Burglary 1st even though the police report said no forced entry and I was let in the house by my then brother-in-law. My lawyer worked out a plea for me to take just an assault 4 misdemeanor. (burglary 1st amended to assault 4 misdemeanor)

    The problem is, after the incident my wife decided she was gonna leave me for the other guy so her mother made her file a DVO (domestic violence order) against me, so technically I have some sort of domestic violence misdemeanor in my past. My fiancee knows of the situation already and is ok with it. I was just worried if any of the government agencies would make a big deal of it or not and make it harder to get a visa. From what I read it shouldnt be a big deal, but i wasnt sure....

    Another question is the affadavit of support. I only made $14,000 each of the past 3 years. It says I need to make around $16,000, so I will need a co-sponser. My father said he would do it, and he makes more than enough money. Does that usually work out okay?

    I have already visited my fiancee once, and am going back next month in May for a 2nd visit. We have talked every single day since early July 2006. I am 26 and she is 19. She also is in the Philippines. We are very serious about eachother. What steps should I take to get the K1 process started? and do I need a lawyer? Sorry for the long thread, but I really want some advice. Thankyou so much!
  • 04-02-2007 11:58 AM In reply to

    More [=+=] Try the immigration law board

    There are a couple of lawyers over there who specialize in immigration law.

    My take is that the low income will be more of a problem than than the misdemeanour.

    Just so you're aware, too, the waiting list for K-1 numbers for Filipinas is LOOOONNNNGGG.

    Richard
  • 04-02-2007 1:17 PM In reply to

    re: Try the immigration law board

    What do you mean by LOOOOOOONG??? I already expect 8-12 months after filing. what did you mean?
  • 04-02-2007 2:43 PM In reply to

    re: Try the immigration law board

    Currently I believe about 6-9 months for the approval, then about 10-12 months for the number.

    If she has a common name, that could be longer, as the FBI is having trouble with background checks as well.

    Richard
  • 04-03-2007 3:11 AM In reply to

    re: Try the immigration law board

    Is it the same issue for K3 visas? thanks for your responses. Also have you heard of Manila Embassy not allowing co-sponsors? Thanks
  • 04-03-2007 1:40 PM In reply to

    re: Try the immigration law board

    "Is it the same issue for K3 visas?"

    The consulates web page says time periods are about the same at the moment.

    "Also have you heard of Manila Embassy not allowing co-sponsors? "

    Depends on the Consular officer. A friend of my wife is having trouble getting her English husband in on a K-3 with a co-sponsor, so anything is possible.

    Richard
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