Mauriziop

First of I'd like to say "Hi" to everyone and compliment you all on what a great forum this is, truly a wealth of info.

Anyway, my g/f and I are about to embark on the K-1 adventure, I am in London and she is in Colorado.
So here are my questions:

1. I am a bit concerned about the police certificate, unfortunately when I was younger I did some fairly stupid things...will this come back to haunt me? (I've never been to prison.)

2. Do you suggest we use a lawyer? My g/f is pretty sure that this is best as we are concerned about all the paperwork (both before and after the K-1) and all the things that could go wrong.

3. We will be applying through Nebraska unfortunately, does this mean we will be waiting for 7-10 months?

4. Is there anything else we can do legally to avoid all of this?

5. I've been told that marrying outside of the U.S. is not a good idea. ( I was told that the waiting time to get in is up to 3 years!!)
Any thoughts?

Thanks in anticipation for all your help.....

Maurizio.

Shannon

Honesty is important in the visa process so you should declare the arrests or whatever it was even if they have timed out on your certificate.

The BCIS responds differently based on the nature of the crime / offence. I had some minor convictions for attending a protest march and trespassing. It was no problem in our AOS process. However, if a crime is of "moral turpitude" you may need to obtain a waiver which can be a problem. Drugs are a problem violent crime etc.

THe other point this may cause a problem is the IBIS FBI name check (around interview time). This can be slow if they get a hit on your name for some reason.
I did not use a lawyer in my case and we had no problem or undue delay. I am pedantic and read a lot of stuff to be sure of what I was doing. If you are not prepared to invest a bit of time in checking everything AND / OR if your crime was a bit dubious... I would get a lawyer. At least have a consultation iwth a competent attorney to see wether they think the particulars of your crime herald problems.

YEs, unless NEbraska speeds up. Keep an eye on the processing times for ppl with your visa type and that is the best indication you will get. Also the monthly reports often posted here give some timelines (dates of application currently being processed).

Legally, no. Some ppl enter the US as a tourist on a VWP visit and then marry in the US, adjusting status to resident while here. This is a risky approach because it is illegal to enter the US on a tourist visa with intent to marry and reside here. Also, if you are detected as a potential sneaky immigrant (worst case scenario) you could be restricted from reentry to the US. However, it isa common path taken by the bold or ignorant.

An alternative path if you are really desperate is to attempt to get your fiance UK residency and then file the application for a spousal visa at the London consulate. This goes like this: marry in UK or US. Apply for a UK spousal visa (this is a 24-48 hour thing according to posters to this forum.. you need to check). She enters UK as a "resident". You then apply for a spousal visa as a UK citizen with resident spouse and get processed by DCF.

I DO NOT KNOW IF TIHS WORKS!! But have read of others who recommend it and one who claimed to take that route. Check it out.

The wait for a spousal visa (K3) is similar to the K1 - it really depends wehre you are based and submitting applications to. Nebraska being one of the worst if current postings are reliable. It is not a 3 year thing. That's nonsense.

Shanon

Mauriziop

Shannon,
Thankyou very much for your response, it was very helpful and I feel much better now. I agree honesty is the best policy and have every intention of being completely open re: the criminal record stuff.

Thanks again!!!!

Maurizio.

Shannon

ure, remember that the definition of crimes of moral turpitude is a bit vague to the layman. It would be best to get legal advice unless you are SURE your case was minor.

If you post more details another poster or laywer may be able to help.

eg. A recent poster claimed his auto theft conviction was a CMT. I don't know the details.

Shannon

Hypertweeky

Hey there!!!

It doesn't take 3 years to get a k3 visa!!, Most of k3's gets approved within 4-5 months.. which is not a long time at all.. I know a few people that opted to take the K3 route because they had to file thru Nebraska.
Missouri which is where the K3's are processed is quick indeed, they are now working on the July Petitions.. While Nebraska is still working on February, I hope they pick up.. It is not fair to be apart from your loved one...

By the way what part of Colorado is your gf from?, My hubby is from Commerce City.. but we will be moving to Aurora .
I lived in Colorado for almost 2 years.. I am very sure you are gonna love it,It is a very nice, beautiful and sunny state.. I love it!!, also there is so many people from colorado is this forum..
Good Luck!!!

Folinskyinla

Hi:

Hell, the definition of a CIMT is even vague to lawyers -- the case law even says so! We attorney types look to past case law to make that determination.