K Visa criminal record of petitioner for fiancee visa

[cutiemai]

Good day!

i'm mai and i am from the Philippines. i would just like to ask something about our situation. i am the beneficiary of a K1 visa petition. we have submitted our petition to USCIS november of last year. we are waiting for our NOA2 now. at the moment, we are very concerned with one thing. my petitioner (USC) has a criminal history. he was arrested for domestic violence before and had to attend anger management classes for that. he also had been arrested for DUI (he was sure it was at least 3 times). he also told me he was also arrested for disturbing the peace. i believe it was for being noisy or loud. however, he said he did not go to jail for all those. he did go on probation for the DUI. the last offense he had was a DUI and that was about 10 years ago. in the i-129f form, there is a part pertaining to all those. i believe it has to do with IMBRA. the thing is, he did try to get his entire record from the court, DMV, and the state police. however, in all the records he got, there was only 1 DUI and 1 driving under suspension written on all of them. he asked them are they sure that's all they have on his record. they all said yes. he even insisted at the DMV that he was certain he had more than one DUI. but the person there said there was only one in their records. that person even joked if he wanted him to add more to it. hence, he did not check the boxes on the i-129F form pertaining to those questions. now, we are getting nervous, really worried and depressed that our petition will be denied because of that. we have no idea what to do or expect. can you shed a light on our situation? we need your advice. thank you.

 

[Michael Wechsler]

Congratulations... I think. Considering the nature and frequency of his criminal record and his responses to you, it is possible you may wish to think about what else he might not be telling you - at least 3 DUI arrests but he isn't sure? If you're telling me that he lied on the I-129F then I'd seriously wonder how well you think you know him. I am aware of people meeting "on the Internet" and then trying to get married to come here and, many instances, there is a question of the validity of the marriage but I'll deal with this issue. My thought is yes, you have a reason to wonder whether the application will be accepted. This is because it says quite clearly on the form that it doesn't matter if your records were sealed - the answer to the question seems to be "yes." I didn't even read anything about his record being sealed or "expunged." I don't know what to tell you but perhaps you should consider what it is you're seeing and question whether it's good to know now before you begin your life together.

Here are the questions on the I129-F form:

Have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for any of the following crimes:

• Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse or stalking. (Please refer to page 3 of the instructions for the full definition of the term "domestic violence.)
• Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment or an attempt to commit any of these crimes, or
• Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act.

Answering this question is required even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record. Using a separate sheet(s) of paper, attach information relating to the conviction(s), such as crime involved, date of conviction and sentence.

If you have provided information about a conviction for a crime listed above and you were being battered or subjected to extreme cruelty by your spouse, parent, or adult child at the time of your conviction, check all of the following that apply to you:

• I was acting in self-defense.
• I violated a protection order issued for my own protection.
• I committed, was arrested for, was convicted of, or plead guilty to committing a crime that did not result in serious bodily injury, and there was a connection between the crime committed and my having been battered or subjected to extreme cruelty.