babybyrd

just wondering if anyone else here has been in this situation

my fiance has a serious conviction - the time is all served and dues paid etc - but it will have to be listed on the c section of the 1-129f

is this likely to prevent us from getting permission for me to come and marry him in the usa?

other than that - i have a good job - he has a job and a home - we have known one another 18 years

its really worrying me

but id rather do a fianceee visa than get married and THEN find out i cant live with him


any advice or info appreciated and i hope youll be kind enough not to judge

Noorah101

Hi babybyrd, Welcome to BE.

It might depend what the conviction is for. Understandable if you don't want to say, but without knowing, there's no way to tell if it will affect the I-129F.

Rene

YouWantFriesWithThat

Hi Babybyrd,

Just to clarify - your fiance is the USC and your're in the UK, correct?

If is this way round then I think it changes the coplection of the situation, as you would be the applicant for the visa into the USA, not him. Quite how it changes it though remains to be seen.....

md95065

Since you say "it will have to be listed" I presume that you have already verified that it falls into one of the categories listed on the I-129F.

I am not sure that this is something that anyone here is going to be able to give you meaninigful advice on other than to say that your fiancee should probably consult with an experienced immigration attorney who can review all of the facts that pertain to your specific case and who may be able to advise you about the potential problems (if any) that you might face.

md95065

Section C of the I-129F is asking about the applicant's (ie the US citizen's) criminal history with respect to certain types of offense (ranging from domestic violence, rape, kidnapping and murder down to "Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act")

YouWantFriesWithThat

Yes, although technically the USC is the petitioner and the UKC is the applicant but anyway......... The original point I was making was that if it's the USC with the 'criminal history' then it may change the mechanics of assessment as opposed to, for example, if it were the alien fiance with the 'criminal history' who wanted to come to the USA. Quite how this might change things is hard to say without further info from the OP. I agree with your ealier comment that the OP & fiance would be best served by discussing with an immigration lawyer.

jeffreyhy

There's nothing "technical" about it. That's exactly how it is.

Regards, JEff

Kate2112

Your comments?

Noorah101

I think his convictions MIGHT have some bearing on whether the I-129F can be filed or not. It depends what the convictions are for.

She's not doing an international company transfer. They are trying to begin the K-1 fiance visa process.

Rene

Rete

What crimes can a USC commit that would prohibit them from petitioning for a fiancee? Even if he/she had child abuse convictions, all the Adam Walsh Act does it makes it known to the foreign fiancee/spouse. It is then their decision to continue the relationship with the USC or not.

Noorah101

Oh, OK....my bad....I thought something like that would stop the I-129F.

So that's good news for the OP!

Rene

Rete

We've always held that for the I-129F, the USC is the petitioner and the alien is the beneficiary. With regard to the K-1, the alien is the petitioner.

YouWantFriesWithThat

I agree with 2 thirds of that

The way I understood it was the USC is always the petitioner. The alien fiance, for the I-129f, is the beneficiary. After approval of the petition, the alien fiance then becomes the applicant.

Matthew Udall

Well, I think the beneficiary is always the applicant (when that time comes), but I know what you are saying and you are correct.

babybyrd

wow i didnt expect so many replies so quickly
thanks everyone
yes i am in the uk and a uk citizen - he is the us citizen

the reason i say i have a good job is that i will be keeping it - i am intending to stay emplyed in the uk - travel out of the usa for a month to do my work - then come back to usa for a month off - - my work contract allows that

the question about crime on the form is - as far as i understand it - about him and not about myself

RET i take great heart from your post and i am off to google 'adam walsh act' right now

thanks again everyone