K1 visa and criminal records?

Question

I live in the UK (im British) and am a few months into the process of applying for a K1 visa to marry my girlfriend (American) in the United states. The worry is that I have been to prison. I got 12 months for arson and did 3 months inside. This dosnt fall under a serious crime bracket but i'm still worried. Does anybody have any experience or knowledge in this matter? Thanks.

Answer 1

The issue is whether or not your crime is considered "a crime involving moral turpitude" AND whether the maximum penalty could exceed one year in prison, AND whether you yourself were sentenced to less than six months.
See http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=24e12c5b6b3ca34ade72f667ecbc8d58
section 212(a)(2)(A)

Is arson considered a crime involving moral turpitude? Unfortunately, yes, it is. See 9 FAM 40.21(a) N2.3-1 Crimes Committed Against Property (b)(1)
http://foia.state.gov/masterdocs/09fam/0940021aN.pdf

So you are guilty of such a crime, and while you only served three months, you should be prepared to prove, by actual British statute, that the maximum sentence could not have exceeded one year. If that is true, you will get your fiance visa.

Answer 2

1

Answer 3

It is also a definite requirement that the foreign fiancée does not have a criminal record of any kind. The United States government makes it very hard for people that are criminals to enter the State with a K1 Visa. This is to ensure the safety of the people that already do obtain citizenship in the United States.

Answer 4

Criminal Record Search Database : http://SearchVerifyInfos.com

Answer 5

Criminal background check is part of the fiance visa process. My wife didn't have a criminal background, so I can speak very much for it, but she was investigated.

When your girl goes in to the office of immigration, she can just ask what kind of things they look for and if there's a threshold you have to meet or if there are any disqualifiers.

(The entire process will take you about 5-6 years. You'll spend a lot of time before you arrive, and at least 3 years afterward, as you demonstrate your intentions. They'll tell you it's only a short time, but they lie. Trust me on this. Fiance visas come in with a "conditional" status, and you have to have the condition removed, and only then does your 2-year period begin before you can apply for citizenship.)

Answer 6

Unfortunately the US Visa site says:
Under U.S. visa law some people are permanently ineligible to receive an immigrant visa and are not eligible to enter the United States unless they have obtained a waiver of the permanent ineligibility. These include persons who have been afflicted with a disease of public health significance, including those who are HIV-positive, a mental disorder which is associated with a display of harmful behavior, drug addicts/abusers, and those with criminal records. The Rehabilitation of Offenders Act does not apply to U.S. visa law. Anyone who has been arrested and/or convicted of ANY offense, regardless of when it may have occurred, is required to declare the arrest and/or conviction. A determination on a person's eligibility for a visa cannot be made until the day of the formal visa interview. If the applicant is found ineligible for a visa, the consular officer will advise the applicant if he/she is eligible to apply for a waiver of the permanent ineligibility and of the steps which must be taken to apply for and process the waiver.

It sounds like your conviction may cause problems for you. You need to ensure you declare it on all of your forms and in your formal visa interview because they will already have access to search to see if you have a criminal record.

On the second link I've quoted below it says:
Applicants applying for a visa at the Embassy in London or the Consulate General in Belfast are required to furnish a Subject Access Statement from the National Identification Service (NIS). The NIS is operated by the Metropolitan Police Service on behalf of all UK forces. The application form and further information is available from their website at www.met.police.uk/so/nis.htm, or by writing to the following address:

National Identification Service
Subject Access Office
Room 331, New Scotland Yard
Broadway, London SW1 0BG

Residents of the Metropolitan area (most of London) should submit their request to the Metropolitan Police. Residents outside this area, should subject their request to their local police service. The Metropolitan Police Service website can assist you in locating the individual police services throughout the United Kingdom. Residents of Northern Ireland should subject their request to the Police Service of Northern Ireland. Further information is available from www.met.police.uk/so/nis.htm.

The Embassy and Consulate will also accept an Enhanced Disclosure statement made through the Criminal Records Bureau (CRB).

NOTE: The NIS or Enhanced Disclosure Statement must have been issued less than 6 months before your scheduled appointment date. If the statement was issued prior to this you will need to obtain an updated statement BEFORE attending your interview.

The links on the US Embassy page are wrong. This is the link to the Subject Access Statement section of the Metropolitan Police website to apply for an NIS for £10: http://www.met.police.uk/dataprotection/faq.htm. You'll receive it within 40 days. The same site has links to all the other police forces in the UK if you don't live in London.

Good luck with your application.

Answer 7

It depends on many things, whether you declare it to them, how long ago, your plee at the time of the crime. Most k1 visa's are acceped for minor crimes but not for what they determine are serious crime which include prostitution and drug trafficking.

Answer 8

Read what dognhorse wrote. This lady is an expert.

Answer 9

ARSON IS A BIG CRIME SPECIALLY AFTER 911 GET A GOOD LAW ER TO DROP THAT RECORD