My past criminal History and K-1 Fiancee visa question

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Latest post 07-18-2006 9:49 AM by Jill Apa. 1 replies.
  • 07-18-2006 3:04 AM

    Sad [:(] My past criminal History and K-1 Fiancee visa question

    I currently have a charge of Burglary 1st AMENDED to an assault 4 misdemeanor with 2 years probation. I am done with the probation and everything is good, except what I am worried about is after the incident my mother in law talked my ex wife into getting a domestic violence order (DVO) on me which was unnecessary. This makes it looks as if I was an abusive husband. I have never even hit a woman before. The assault charge is from tossing a glass of water at my mother in law when she lunged at me during an argument with my wife at her home. (which i had to take anger management courses for)

    Is this incident going to make it difficult to marry a woman from the philippines? even if she knows about it? Or does my criminal history not matter at all? I did not go through a marriage broker. I met her online. Technically, I have no felonies at all, even though my background check will say "burglary 1st amended"... The only other thing is that i have a DUI on my record, but no probation violations. PLEASE HELP !!!!
  • 07-18-2006 9:49 AM In reply to

    re: My past criminal History and K-1 Fiancee visa question

    Now that the laws surrounding fiance petitions have changed, you will have to disclose your past criminal history on the I-129F form. You will have to obtain the official court records for both the assault and the DUI and then submit those along with the rest of the evidence necessary for a fiance petition. The government will do a background check on you and then advise your fiance of your criminal history so that she is well aware. It likely will not have an affect on whether she can actually get the visa if she is still willing to enter into the marriage after the incidents have been disclosed. This new policy of disclosure has come about because the U.S. government found that there was a disturbing increase in domestic violence and "battered spouse" green card petitions among foreign nationals who came to the u.s. on fiance visas. It is just another precaution that the government wants to take to be sure that people who meet each other online and don't spend a whole lot of time together personally are well aware of each other's backgrounds.

    Best of luck!

    Jill Apa, Esq.
    Serotte, Reich & Wilson, LLP
    japa@srwlawyers.com
    www.srwlawyers.com
    Immigration Law
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