Fiance Visa, criminal record from when I was 16

I am soon to marry my fiance, whom I have been in a long distance relationship with for 3 years. This means I am about to undergo the process of applying for the Fiance K1 Visa to the USA.

The downside to this is that 11 years ago (when I was 16), I was arrested and charged with GBH with intent. As I understand it, due to me being under 18, this does not fall under a crime of moral turpitude. Also, without going into the details of the crime, it was self defence which went overboard as agreed by both parties in court. I got fined and probation as a result of this yet did not get any form of jail time in a young offenders institute.

I know this conviction will show on my criminal record but since I was so young and it was also 11 years ago, how much does this hinder my chances of gaining my K1 visa? I am incredibly nervous about starting the whole process now.

I know the US are keen on past criminal records of any sort.
A mate wanted to visit Disneyland with his family, but he'd had a conviction of fiddling his electricity meter a very long time ago.
They made him do a formal visit to the US embassy and grilled him about that very old one off crime before he eventually got his tourist  visa.
A very serious violent crime when applying for long term visa is going to get looked at carefully.
I suggest you gather every piece of evidence and information you can get hold of for when they quiz you about it; court reports, anything you can get your hands on, especially if it shows you were acting in self defence at the time. Also, get a police criminal record check from your area police station as that'll sow no further criminal activity since that single issue.
I've just gone through a legal matter (Nothing wrong, just formalities as part of a process I'm engaged in) where I faced an interview about pretty much everything you can think of, but my over-planning got me through as I'd anticipated pretty much everything they asked me about, and had printed evidence to back me up.
Wasting a little time early can save you a lot of hassle later.

It depends on the serious nature of the crime. If it is terrorism related, or sexual (rape), or any crime that may be considered a felony, you may have a hard time, especially if it happened in the last ten years. However, if it is just a misdemeanor and it was more than ten years ago, it wouldn't matter much.

tjacksonjr :

It depends on the serious nature of the crime. If it is terrorism related, or sexual (rape), or any crime that may be considered a felony,.

GBH with intent is an attack that caused serious injury; the 'with intent' means you went there to get him, not just a random meeting that went too far.
Pretty serious stuff.

While this is the true definition, the details of the crime weren't as such.  Without boring you with the details, I was attacked by a friend of a friend who was older than me at the time and I defended myself with a bottle. The "intent" part of the crime was added because the bottle I defended myself with was broken meaning I had the intention of cutting him.
As a 16 year old in court, I was not aware of how the slightest word makes all the difference and my legal representation didn't inform me of the true definition. I had no intention of cutting him, I wanted him to stop punching me and was not aware the bottle was broken. Even the prosecution described it as self defence that went too far.

That being said, I was under 18 and it was 11 years ago.  I am hoping this doesn't fall under moral turpitude, I have done nothing wrong since then so saying I got my life back on track doesn't even accurately describe my situation. I was never off track, I defended myself with the wrong bottle. Had it of not been broken, I would have been completely let off as it would have been deemed full self defence.


If the crime is for self defense are you able to get your case expunged  by the courts ?


You will be fine because under section 212 (a)(1) : you were minor at the time of the felony,  the judgement did not exceed 12 months and finally the judgement was rendered more than 5 years ago.
In conclusion, under the guideline of the US State Department, you will not considered as "ineligible" because the commited crime.

Worth the money to consult with an immigration attorney.

Attorney option, one has be real careful. most of them are just plain greedy!!

New topic