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Posted

We haven't even gotten to this point yet but it was mentioned to me and now I am curious as ever about it. My fiance (sson to be hubby on 7 Sep) has two convictions on his record. We will be filinf DCF as soon as we get the marriage certificate back in the mail. These convictions are so minor they bother me and make me wonder if they are going to make it so he can't get into the US. Here's the story:

Fiance lived in Sweden approximately 5-8 years ago for a period of three years. During that time he was involved in two separate assaults. The first was a minor assault between he and someone else. Swedish law is very strict. he served two months in a minimum security jail...seriously...he could leave during the day he just had to spend the night there...that's how minimum it was! If he were in the UK or the US, he would have received a warning for what occured. The second assault occured a few years later and it was a tussle between he and a friend. Because it happened outside, someone called the cops. The friend didn't want to press charges and asked repeatedly for them to be dropped but the police would not do so. This was 5+ years ago.

I know that it is all dependent on the visa person at the time of the interview and nothing can be determined until then but has anyone been through the waiver process or have similar circumstances???

I am worried because I am leaving the UK in Nov and know we will already have to spend sometime apart until the Visa application is completed but will the waiver thing take longer and what are the chances of it getting approved??? Will sworn statements from the witnesses and parties involved aid or be useless?

Thanks

Filed: IR-1/CR-1 Visa Country: Canada
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Posted

It is definitely NOT just up to the CO at the interview. You can check here to see if he will need a waiver or not. It is a complex publication, so you could also consult with Laurel Scott, who is very experienced in this type of case to see whether he will need a waiver or not.

 
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