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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 109656
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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Hi there , my fiance and i were planning to marry in the usa

Customer Question

Hi there ,
my fiance and i were planning to marry in the usa (she is american ) and then plan for me to apply for an adjustment of status. We met with an immigration lawyer last march in the usa and he said that it's everyones right to have a change of mind (i was going to be entering as a holiday). We have since read information that this way can have serious implications if the INS think it was pre planned.
Now we are planning to go for the K1 there are questions i need to find answers for.
My fiance is so stressed .
I have 2 criminal convictions .
One was in 1981 as a 15 year boy . I was charged with 3 cases of indecent assault . I pinched 3 girls backsides whilst riding past them on my push bike and was fined £45 .
The other one was 10 years ago when i lived in South Africa i was convicted of crime n injurious . I was supposed to have swore at an Afrikaans policeman . In the police car he said we can make this go away (he was looking for a bribe) but i didn't and arrested me. As a result i was arrested , appeared in court and had no legal representation and fined R500.
I will have to disclose this at an interview at the us embassy - do you think this will be grounds for them to deny a k1 visa?
Submitted: 2 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 2 years ago.
Welcome to JustAnswer! My name is***** I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. Should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger.
The crime at 15 does not worry me. The other crime from 10 years ago, what was the actual charge?
Expert:  Guillermo Senmartin replied 2 years ago.
Philip, I'd like to help you, but it is important that you respond. You are not charged per question nor per response nor per answer. So it costs you nothing to respond. The other crime from 10 years ago, what was the actual charge?
Customer: replied 2 years ago.

Hi there ,

not sure if you got my response . Please let me know otherwise i will respond again.

Expert:  Guillermo Senmartin replied 2 years ago.
If you do not see it above, it did not go through. Sorry about that. Yes, please post again until you can see it. Thank you.
Customer: replied 2 years ago.

hi Mr.Senmartin,

Happy to see the response about the offense as a 15 year old.

The offense in South africa was called Crimen Injuria (obstructing /hindering /interfering with a police officer.

The background is that the cop was hiding ready to catch motorists who were driving straight on at a intersection when you had to turn right go down a little way and turn around and come back and then turn left. I was on foot and engaged in conversation with him saying how silly it was that you just couldnt drive straight on.

He got a little upset and then said i swore at him. I didn't but he arrested me and put me in his car. On the way to the police station he turned to me and said " you can make this go away". In south africa that means you can offer a bribe. And because he was afrikannse he made it clear he didn't like me as i was english. I stayed silent and was taken to the police where i was finger printed and charged. I spent a few hours in the cells. I appeared in court a few days later and after spending 4 hours waiting for my case to come up it was over in a matter of seconds . I was convicted and fine R500 (about $70 ). I did nt have anyone represent me legally and i didn't mention anything about the bribe as it was his word against mine..

Expert:  Guillermo Senmartin replied 2 years ago.
Ok. I ask that you PLEASE not log off without leaving a smiley face/positive rating. This is VERY important and we do not finish just because it says, “To finish…”
You will need to disclose this and you should provide certified copies of both the police report and the court disposition to prove everything that you say and that it was closed correctly. Luckily, that crime doesn’t look like it would make you inadmissible to the U.S. Take a look at this link on the 4th and 5th page:
http://www.state.gov/documents/organization/86942.pdf
As you can see, it is definitely not under the crimes that would constitute moral character. That is isn’t actually listed in the crimes that do not constitute poor moral character either is ok because even if it was, since the maximum time you could have spent in jail was less than 1 year and your actually sentence was less than 6 months (no time in jail is less than 6 months), then at worst you would fit into the petty offense exception. So you are good to go. Just provide those certified copies. I cannot tell you how to get them, but you should be able to approach the police and the court that handled the case in order to get stamped certified copies.
Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That doesn’t help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, “To finish…” I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.
Customer: replied 2 years ago.

All i have from the South african Police is the Police certificate stating when it took place and the outcome with the fine listed . As far as getting a police report - its africa!!!!!

Its not quite the real world. I am very happy that both are in your view very minor and should not be a case to be denied . I am going to be honest at the interview when it takes place and hopefully they view both as you have done....Smile

Expert:  Guillermo Senmartin replied 2 years ago.
I understand, but I am telling you what U.S. immigration is going to want. They are pretty strict about those things, or as you say, the real world. So I think you should at least try. Hire someone to get the documents for you. I'm sure someone there has such experience and does that type of work. It's up to you if you want to take the chance without out, but I'm just giving you the benefit of my knowledge and experience in these matters. Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Guillermo Senmartin and other US Law Specialists are ready to help you
Customer: replied 2 years ago.

I have official documents from the South african police service signed by a lieutenant of the police with a stamped seal and a wax seal.

It's all very official .

If i have any more questions i will ask you.

Many thanks,

Phil wooton

Expert:  Guillermo Senmartin replied 2 years ago.
You are very welcome. But PLEASE do not forget to rate me positively so that I can get credit for my assistance to you. You are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. Thank you!
Expert:  Guillermo Senmartin replied 2 years ago.
Thank you for the positive rating. If you would like to request me in the future, please remember to put my name in the subject box. Good luck to you!
Customer: replied 2 years ago.

I will ... many thanks.

Late here so going to sleep now . Have a great evening,

Expert:  Guillermo Senmartin replied 2 years ago.
You too!