Protection Order Arrests K1 Denial

Two additional reasons for K1 denial: Protection Orders, ANY arrests

After President Trump came into office many changes were made at immigration. Two of these were implemented when the application for a K1 Fiance Visa, the I129f was last revised. The addition of two questions, a total of just 60 easily overlooked words, has caused many applicants expensive and time consuming extra work to demonstrate their eligibility for a fiance visa, and for those who did not correctly answer the new questions, some have gotten denied.

 

Under President Trump’s watch, major changes were made to the application form used for a fiancee visa. These modifications greatly changed the I-129F. Previously it was six pages long. Now it is 13.

Some of the new questions that have been added are sure to cause problems for many applicants.

Previously the American sponsor was asked whether he had been convicted for a few, but VERY serious crimes. Such as domestic violence, child abuse, murder, rape, or three or more drug or alcohol convictions. Those who had these convictions were automatically in-eligible to apply for the visa. If an American sponsor had been convicted of such crimes, he already knew he would have problems in applying. It wasn’t any surprise, they expected extra hurdles, and were prepared to address them. In in some cases we could apply for waivers and obtain approval of the fiancee visa regardless of the checkered past.

But, NOW, two new questions have been added. And these are often overlooked. And ignoring them may cause delays and denials. And addressing them is an extra hurdle to jump.

These two questions are:

#1. Has the American Sponsor EVER been the subject of any type of restraining or protection order?

#2. Has the American Sponsor EVER been arrested, cited, charged, indicted, convicted, fined or imprisoned, for any law, any ordinance, ANYTIME. ?

Let’s start with the first one, about Restraining or protection orders. These could be something serious from the past, however more often, I find that these were issued as part of contentious divorces as strategy versus real cause and need..

in many cases the ex-spouse’s attorney had advised to issue restraining orders in order to obtain leverage during negotiations for custody and property settlements. As our fiance visa sponsor wasn’t really a person who had done anything to merit a protection order, he may have tried to put the painful break up and divorce out of his mind, and forgotten the specifics of the divorce process.

Well if he does forget and fails to to answer the question correctly, his fiancee visa petition is in jeopardy of denial.

The second new question is even more all encompassing. ANY crime, any arrest, any convictions. This covers a lot of ground. That arrest for trespassing when you as a teenager skateboarded on school grounds after closing, the time you were removed from a bar after defending a friend who was in an argument, the time you were driving the car and a police search the police found contraband that belonged to your passenger, but you as driver got charged for, and so on and so on.

Of course most of these issues were probably forgotten, having occurred long long ago, sometimes many decades earlier. And often times a judge or lawyer or someone in authority said “don’t worry about it, this will not be on your permanent records, the records will be erased, or expunged”. Well, expunged, on or off the books, forgotten, no matter what, if it ever occurred, WHENEVER it ever occurred, in order to apply for a fiancee the answer must be given yes, and details provided.

If one innocently forgets and neglects to answer the question accurately, runs the risk that when the FBI with all of their resources and all of their oversight finds out that the answer should’ve been yes, but you didn’t admit it, your application is ready to be denied.

The new issue, is not “what the crime was” but whether or not you admitted it. To be found in accurate on any of the immigration questions, regardless of how apparently immaterial or irrelevant they may seem, can be grounds for denial

So be warned, that under President Trump, and the policy to restrict legal immigration, you will be faced with and booby traps like never before. Now more than ever in-experience can lead to mistakes that causes delays and denials.

The safest way to navigate the system to obtain your happy life in the USA that you and your loved one deserves, is by choosing someone who is knowledgeable to help you. Choose someone who Is always aware of any rule or policy changes, intimately aware of how the system works, where the traps and quicksand are, and who is here to help you successfully get visa approval. Of course I mean me.

By Fred Wahl
the VisaCoach