Vincent1978

I am really confused my fiancee who is going to apply for K1 visa, has a
charge of shoplifting, Does some one know if she can get k1 visa.
Please reply.

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Posted via http://expatforums.com

Elvira

Who is the USC in this relationship? Who exactly is being charged with shoplifting - the petitoner or the foreign fiance(e)?

Folinskyinla

Hi:

It depends. A generic description like "shoplifting" doesn't help at all in the analysis. From what you post, all that can be said at this time is that there is an issue of concern.

ian-mstm

Don't know about the visa, but I'm really surprised you'd want to marry someone who is a thief!

Ian

evanio1978

Lets try and wind the situation shall we Ian ??? ... Havent you got anything better to say or do !

People make mistakes ... Give the person a break and stop trying to offend ...

Vincent1978

    > > I am really confused my fiancee who is going to apply for K1 visa,
    > > has
    > > a
    > > charge of shoplifting, Does some one know if she can get k1 visa.
    > > Please reply.
    > > --
    > > Posted via http://expatforums.com
    > Don't know about the visa, but I'm really surprised you'd want to
    > marry
    > someone who is a thief!
    > Ian
    > --

foreign fiancee who is UK is charged with shoplifting charges.

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Posted via http://expatforums.com

Elvira

You have not responded to Mr. F's comment: "A generic description like "shoplifting" doesn't help at all in the analysis. "

So I guess that, in order to make an assessment of the degree of concern that this raises, one needs to know the precise details of the charge and the sentence imposed, when it happened, and whether it was a first and only offence.

kiwichild

It shouldn't be an issue. It won't render her ineligible to live in the US, but she will have to declare it. There is a link on the FAQ page that discusses criminal records and ineligibility.

Folinskyinla

Hi:

Although you may very well be right. But you simply don't have enough facts to make such a statement on whether or not it will be a problem.

Just Jenney

For shoplifting what? A stick of gum? A diamond ring?? Something in between??

~ Jenney

Vincent1978

    > I am really confused my fiancee who is going to apply for K1 visa, has
    > a charge of shoplifting, Does some one know if she can get k1 visa.
    > Please reply.

She liked a skirt and put it in her bag and was caught by the security,
this is her first offense, i dont know if they(US Embassy will give her
K1 visa or not)

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Posted via http://expatforums.com

Elvira

We still don't know:

- the precise charge (shoplifting is a colloquial expression - you have to state the legal terminology)
- what was she actually convicted of (ditto)
- what was the sentence imposed
- how long ago did this happen
- how old was she at the time
- is this her one and only conviction.

Without this information, you'll get nothing but guesswork - at best.

meauxna

+ What country?

ian-mstm

Nobody knows. She won't know until she has her interivew. Should fear stop you from sending in the petition? Only you can answer that. You won't know what will happen until you try. If you're afraid to try because you think it might not be successful, then what does that say about your relationship with her?

Ian

kiwichild

2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2/ were 5 years or more is inadmissible.


Somehow I think shoplifiting isn't going to be a 'biggie'

Excerpt from:
http://travel.state.gov/visa/frvi/in...ties_1364.html