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mike4241

Can having criminal charges affect you from getting a green card?

By mike4241 in IR-1 / CR-1 Spouse Visa Process & Procedures

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Andy & Sue Explorer

Andy & Sue   31

Posted
Filed: AOS (pnd) Country: England
 Timeline
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my fiance and i want to get married i am a Australian but we want to live in the united states i entered on the VWP almost two months ago but i have two criminal charges one before i was 18 and the other one a few years ago we are not sure where to go from here

When you applied for your VWP (ESTA) you would have been asked have you ever been arrested, cautioned, charged convicted of any CIMT, crime involving moral turpitude. Did you disclose it on there? If you didnt and it is a CIMT you could have problems for misrepresentation. Do you intend to leave the USA during the visa process, or do you want to remain there?

I-129F Sent 16/05/11

I-129F NOA1 18/05/11

I-129F NOA2 23/09/11

NVC RECEIVED 12/10/11

NVC LEFT 13/10/11

CONSULATE RECEIVED 18/10/11

PACKET 3 RECEIVED 21/10/11

PACKET 3 SENT 21/10/11

MEDICAL 26/10/11

INTERVIEW 12/12/11 APPROVED!!!!

VISA RECEIVED 23/12/11

US ENTRY 31/01/12 POE PHL

MARRIAGE 11/02/12

I-485 SENT 13/03/12

I-765 SENT 13/03/12

I-131 SENT 13/03/12

BOIMETRICS APPT. 06/04/12

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Andy & Sue Explorer

Andy & Sue   31

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Filed: AOS (pnd) Country: England
 Timeline
Posted

it is fraud charges

Fraud is a CIMT so yes you will have problems getting your visa. Unless it is very trivial, as I had a minor fraud conviction and was approved for my K1 visa. (fiance visa)

I-129F Sent 16/05/11

I-129F NOA1 18/05/11

I-129F NOA2 23/09/11

NVC RECEIVED 12/10/11

NVC LEFT 13/10/11

CONSULATE RECEIVED 18/10/11

PACKET 3 RECEIVED 21/10/11

PACKET 3 SENT 21/10/11

MEDICAL 26/10/11

INTERVIEW 12/12/11 APPROVED!!!!

VISA RECEIVED 23/12/11

US ENTRY 31/01/12 POE PHL

MARRIAGE 11/02/12

I-485 SENT 13/03/12

I-765 SENT 13/03/12

I-131 SENT 13/03/12

BOIMETRICS APPT. 06/04/12

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Robert&Karen Proficient

Robert&Karen   264

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

Fraud can be anything from writing a bad check for $10 to embezzling millions. You should look at the requirements from USCIS as to what a person can have in their past and what they cannot. This is rather a fixed point, you are either eligible or not, it is not very often there is an wobbler case where a person can add their point of view.

K-1 Journey

03-03-2011 - Mailed I-129F application.

03-06-2011 - Packet received in Texas.

03-23-2011 - NOA1 received in mail, dated 03-09-2011.

05-31-2011 - RFE requested. They want better passport pictures of me.

06-06-2011 - Additional passport pics sent.

06-08-2011 - Evidence received and acknowledged. Whew!

06-16-2011 - NOA2 received!

07-20-2011 - Packet 3 Received!

08-01-2011 - Packet 3 returned to Embassy.

08-22-2011 - Packet 4 Received!

09-19-2011 - Interview...APPROVED!

09-23-2011 - Visa in Hand

09-29-2011 - POE LAX

11-11-2011 - Wedding at 11:11pm GMT time.

AOS Journey

12-02-2011 - Mailed in AOS/EAD/AP paperwork.

12-05-2011 - Delivery confirmation per USPS.

12-27-2011 - (3) NOA I-797C received, dated 12-20-2011. Biometrics appt set.

01-10-2012 - Biometrics.

01-20-2012 - Notified of interview appointment for 2-21-2012.

01-31-2012 - EAD and AP approved.

02-08-2012 - EAD/AP card received.

02-21-2012 - AOS interview approved. EAD/AP card confiscated.

03-01-2012 - Green Card in hand!!!

364 days total time!

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mike4241 Newbie

mike4241   0

Posted
Filed: Timeline
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When you applied for your VWP (ESTA) you would have been asked have you ever been arrested, cautioned, charged convicted of any CIMT, crime involving moral turpitude. Did you disclose it on there? If you didnt and it is a CIMT you could have problems for misrepresentation. Do you intend to leave the USA during the visa process, or do you want to remain there?

i want to remain in the US

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Andy & Sue Explorer

Andy & Sue   31

Posted
Filed: AOS (pnd) Country: England
 Timeline
Posted

i want to remain in the US

Okay you have posted in IR/Cr1 forum which is for people that are married to their partner and want to bring them to the US. If you post the same topic in K1 Fiancee visa section there will be more people to advise you. Also you may want to try the Australian section. I am not sure if you can adjust status from VWP to any type of visa whilst in the US. Also you have the additional complication of the crimes etc, something I do have experience about.

Did you deny have CIMT on the VWP. Also how serious is the fraud conviction? it doesnt help if it was very recently. Personally I think you are going to struggle.

If you want helpful advice you need to tell fellow VJers the whole story. You may not like what you hear but people have a wealth of experience on hear to advise you, and its free.!!

I-129F Sent 16/05/11

I-129F NOA1 18/05/11

I-129F NOA2 23/09/11

NVC RECEIVED 12/10/11

NVC LEFT 13/10/11

CONSULATE RECEIVED 18/10/11

PACKET 3 RECEIVED 21/10/11

PACKET 3 SENT 21/10/11

MEDICAL 26/10/11

INTERVIEW 12/12/11 APPROVED!!!!

VISA RECEIVED 23/12/11

US ENTRY 31/01/12 POE PHL

MARRIAGE 11/02/12

I-485 SENT 13/03/12

I-765 SENT 13/03/12

I-131 SENT 13/03/12

BOIMETRICS APPT. 06/04/12

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