Fiance Visa And Background

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Posted

Hello,

I'm new here though I've read through many of the threads. Thank you for the information.

Here is my deal.

I'm going to the phillipines in April and plan on staying long enough to bring my fiance back here to the usa.

I have learned most of what I think we will need to accomplish this but I have one concern.

It got into some trouble back in the 90s and I have a criminal record. Will this impact our plans?

Thanks,

Rick

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Posted

Richie, from what I have read in preparation for my (now) wife's k-1 visa, it depends on the nature of the crime. Through the security background checks that are done on you after filing your i-129, as long as the crime is not a serious crime related to drug trafficking, murder, or related serious felony, it should go through. However during your fiancee's interview process, it will be revealed to her that you have a police record and what that crime was-this is protocol, so best (if you had not already) share with her this information with her before the interview.

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Posted (edited)

 

It got into some trouble back in the 90s and I have a criminal record. Will this impact our plans?

 

 

as long as the crime is not a serious crime related to drug trafficking, murder, or related serious felony, it should go through.

 

 

Any type criminal offence that's related to domestic violence (even if it was a misdemeanor or injunction for protection) or crimes related to moral turpitude (like soliciting a prostitute) could pose a problem as well. If you are a convicted felon have you gotten your rights restored? That could help. And if the crime was not serious you might look into getting it expunged from your record (consult an attorney as other factors come into play).

Edited by Gator
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Posted

It used to take 6 to 9 months to get a fiance visa, not sure how long it takes now.  You should plan on being here for a fairly lengthy period if you plan on waiting.

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Posted

Thanks,

Is there an amount of time they go back to our do they just check everything?

This was over 20 years ago but I did get in some serious trouble. I had a very tough childhood.

I've been a good man though since. I never murdered anyone, did not traffic drugs and no domestic.

I'm really worried about this. Getting a pardon is very expensive and will not happen in my case.

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Posted

Is there any other legal way of getting her here to the usa so we can marry here and live?

I know getting married in the Philippines first is generally the slower route but do you think it would be a better option in my case?

Thanks for the help

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Posted
Is there any other legal way of getting her here to the usa so we can marry here and live?

 

Well Richie, way back in the early 90's my now wife did come to the states on a tourist visa and we got married in Vegas. The went through the process of getting her a green card in the states. Keep in mind this was pre 9-11, and there were no internet boards to ask questions of. I might have gotten real lucky but that's what we did.

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Posted
I'm really worried about this. Getting a pardon is very expensive and will not happen in my case.

 

Not sure if the US has the same as Australia called the Spent convictions scheme but you might want to look into it. example for Aussies, http://www.afp.gov.au/what-we-do/police-checks/spent-convictions-scheme.aspx

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Posted

The fastest way to get a K-1 (fiancee) or IR-1/CR-1 (spouse) visa is to live in the Philippines for 6 months then apply directly at the US Embassy in Manila. Once you have filed your I-129 or I-130 at the US Embassy it only takes 2-3 months to get the visa. This is called Direct Consulate Filing or DCF. I got a CR-1 spouse visa for my wife last year and it took less than 3 months from the time we filed the I-130. We spoke to many other couples who started the process in the US who had to wait at least a year, even someone who it took over 2 years to complete.

 

You have to be able to prove you resided in the Philippines for at least 6 months before you can use DCF. Things that help prove that are an ACR-I card, Philippines Drivers License, signed lease/rental agreement (notarized), cell/phone/cable bills, etc.

 

It would also help if you reviewed the entire process to ensure you bring all the necessary paperwork with you to the Philippines. For example, you will need your income tax returns for the last three years to show financial support when filing the I-864 form. You will need copies of divorce papers, etc. also.

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Posted

Thanks,

 

My concern isn't necessarily speed but rather being approved. I am worried we will be denied.

 

I am not sure if anyone really answered this. I know it takes longer is we get married in the Philippines but would it increase the odds of us getting here to the us despite my history?

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