[ian-mstm]

Originally Posted by scouse1 would this stop me getting a k1 visa?

Would it? There's really no way to know in advance. Could it? Yes.

... and is there anything i can do to prepare for this?

You need to find out what the maximum penalty was for these offenses... not the punishment you received, but the maximum you could have recieved. To know that, you'll need copies of the court records.

Ian

[scouse1]

Originally Posted by ian-mstm Would it? There's really no way to know in advance. Could it? Yes. You need to find out what the maximum penalty was for these offenses... not the punishment you received, but the maximum you could have recieved. To know that, you'll need copies of the court records. Ian

the maximum sentence i believe is 6 months

[Noorah101]

Originally Posted by scouse1 the maximum sentence i believe is 6 months

Might be a good idea to have a consultation with an immigration attorney who can clarify whether your past will hinder your ability to receive a K-1. If it does, you need to find out if there is a waiver available, and if there is, you will most likely need the attorney's help in preparing it. You can get all this done ahead of time, so that if you go to the K-1 visa interview and get denied, you can simply hand over the waiver application.

Rene

[milan79]

Originally Posted by ian-mstm Would it? There's really no way to know in advance. Could it? Yes. You need to find out what the maximum penalty was for these offenses... not the punishment you received, but the maximum you could have recieved. To know that, you'll need copies of the court records. Ian

Wow Ian, may I ask you a question? Hope you don't mind. Since my criminal charges were completely dropped-dismissed (without a court), should I also look at what I could have receive for the penalty? Now I am little confused as my attorney said in my case it doesn't matter what the penalty could have been since State Attorney formally didn't charged me with anything, although I had on my arrest report the charges but my criminal attorney said to me that those don't matter as those were the charges police charged me with when they arrested me. After my release only one night in county jail the case was turned over to the State Attorney and my attorney said at that time they are gonna look at the case and formely charge me. but since they decided not to press charges against me and they dismissed the case. But again I have 2 charges on arrest report. Will USCIS look at those? Immigration attorney said to me they more likely won't and if they will they really wouldn't make a big deal out of it since case was dismissed (no court, no fine, no probation, no sentence). Please does anyone know if I am ok with USCIS? Thank you.

[Noorah101]

Originally Posted by milan79 Wow Ian, may I ask you a question? Hope you don't mind. Since my criminal charges were completely dropped-dismissed (without a court), should I also look at what I could have receive for the penalty?

No, because yours happened after you became a PR. It's different than the OP, who is trying to get a visa.

Rene

[milan79]

Thank you Rene.

[traceym]

Originally Posted by scouse1 the maximum sentence i believe is 6 months

Scouse,

Criminal Law is not quite that cut and dried. The maximum penalty for Common Assault if sentenced in Magistrates Court is 6 months imprisonment or a fine to a maximum of 5000 GBP. However the case could be sent to Crown Court for sentencing in which case it can carry a maximum term of imprisonment of 2 years. Then extenuating factors can also be taken into account ie racial, domestic, assault on a Police Officer to name a few.

As Ian said you will need the Court records. First option is to speak to the Defence Lawyer that you used at the time, see if they can help. If not contact the Court you attended and try first to speak to the Case Progression Officer.

Tracey.