married to us citizen with convictions

[utopia2004 2]

I have a load of misds. and one felony. Other than asking my fiance a few questions to make sure he was aware of my history there was no problem.

You are lucky. If it was the American male petitioner with the felony + misdemeanors, the IMBRA laws would insure that the application would stay in NVC for a long time.

Good point. NVC will make sure that the convictions which are red flags in the system, will not prevent the USC from qualifying as the petitioner. Extensive background checks will be performed and they will not rush the process.

In the US there is no such thing as a minor Felony. A Felony is a crime that has been considered so serious as to not qualify as a misdemeanor. There are certain degrees of felony, and it may not be a felony of the highest degree..murder for example.. but it was a serious enough crime that it involved possible years in prison as a punishment... A crime that society says is so serious that one should be put away for years cant be considered minor

So is it better to go through a lawyer then? Im so confused, background checks will be performed but according to others i have spoken to the felonies dont effect application?

[fairbro 0]

In the US there is no such thing as a minor Felony. A Felony is a crime that has been considered so serious as to not qualify as a misdemeanor. There are certain degrees of felony, and it may not be a felony of the highest degree..murder for example.. but it was a serious enough crime that it involved possible years in prison as a punishment... A crime that society says is so serious that one should be put away for years cant be considered minor

Scott, I disagree. Consider there are 3 million people in jail in the USA, more than China and Russia combined. People go to prison in the US for a huge and growing number of offenses, many of them non-violent, many victims of police internet traps where no actual deed was done, many for street drugs (while rich people get legal drugs from psychiatrists) and so on and so on. I think the USA is becoming a police state, but that's my opinion, and not too relevant here.

So is it better to go through a lawyer then? Im so confused, background checks will be performed but according to others i have spoken to the felonies dont effect application?

I would never hire a lawyer for anything to do with immigration (or anything else). I could write a book about lawyers who have taken my money and done nothing, or even worse, tried to make favor with the judge by siding *against* my interests. In this area, immigration, they usually can't speed up the process, it will be the same w/ or w/o them.

Edited October 7, 2009 by fairbro

[utopia2004 2]

thanks fairbro. I had a read of IMBRA law... He doesnt fall into any of those 'specifitc' categories, so does this apply to him? he has a violent offense but not against women/domestic etc, fight related, he lived in a bad area- i know not an excuse. So im not sure if this applies to him?

http://dewandivy.com/Legal.html

[fairbro 0]

thanks fairbro. I had a read of IMBRA law... He doesnt fall into any of those 'specifitc' categories, so does this apply to him? he has a violent offense but not against women/domestic etc, fight related, he lived in a bad area- i know not an excuse. So im not sure if this applies to him?

http://dewandivy.com/Legal.html

I don't know if it applies, because I don't know what, specifically, what the offense was.

I am opposed to IMBRA because it gives the foreigner (and in many cases, the foreigner may be a scammer) a lot of information about the American before the American is granted permission to write to the foreigner. If you consider a normal date, do you know the complete background history(previous addresses, etc.) of your date before you go out with him/her?

Also, IMBRA provides draconian fines for people who operate an international dating agency, and fail to file proper paperwork. Five years in jail and $25,000 fine for failing to provide the foreigner complete information about the American seeking an introduction. This does not apply to big agencies like E-Harmony, only small agencies. This prevented me from opening such an small agency overseas, and I never entertained guests from the USA, because of this law, and possibility of 5 years in jail for a missing document.

IMBRA was supposed to stop "trafficking" and "violence against women." So far it has done neither. Instead, it has deleted the sentence in our Declaration of Independence, the one that talks about "Inalienable rights...pursuit of happiness."

[utopia2004 2]

thanks fairbro. I had a read of IMBRA law... He doesnt fall into any of those 'specifitc' categories, so does this apply to him? he has a violent offense but not against women/domestic etc, fight related, he lived in a bad area- i know not an excuse. So im not sure if this applies to him?

http://dewandivy.com/Legal.html

I don't know if it applies, because I don't know what, specifically, what the offense was.

I am opposed to IMBRA because it gives the foreigner (and in many cases, the foreigner may be a scammer) a lot of information about the American before the American is granted permission to write to the foreigner. If you consider a normal date, do you know the complete background history(previous addresses, etc.) of your date before you go out with him/her?

Also, IMBRA provides draconian fines for people who operate an international dating agency, and fail to file proper paperwork. Five years in jail and $25,000 fine for failing to provide the foreigner complete information about the American seeking an introduction. This does not apply to big agencies like E-Harmony, only small agencies. This prevented me from opening such an small agency overseas, and I never entertained guests from the USA, because of this law, and possibility of 5 years in jail for a missing document.

IMBRA was supposed to stop "trafficking" and "violence against women." So far it has done neither. Instead, it has deleted the sentence in our Declaration of Independence, the one that talks about "Inalienable rights...pursuit of happiness."

Ok just spoken to him to clarify and i got it wrong. He has one felony burglary. And apparently the assault was only considered a misdemeanor, as it wasnt much and occurred when he was 15. He has a couple of other misdemeanors.

[conquest 0]

It is of my understanding that if you file for a K1 then he will come under scrutiny for his past record but if you marry and file for a CR1 they wont even come into question.

No where at any time was I asked about any criminal past when my wife and I filed for a a CR1.

You could come to the USA marry but then you would need to og back to your country and wait out the papers. In the long run a CR1 is cheaper and takes the same amount of time any way.

[juli323 0]

You cannot travel to the USA, marry, and stay there. That is visa fraud and could result in a lifelong ban!

Your options are for him to apply for a K1 fiancee visa, which takes on average about 6-8 months from the UK. Then you move to the USA, get married, apply for AOS (takes about 3 months), and then you can work, travel etc. Other option is to get married either while on holidays in the USA or when he visits you, then you go back to the UK, and he petitions for a CR-1 spousal visa. It takes a little longer (8 months or so) on average, but once you get it and move to the USA, you are done with paperwork for 2 years, no AOS needed.

I don't see how she would be commiting fraud if she has a valid tourist visa and while in the States decides to get married and just adjust her status with immigration. A friend of mine did the same and he's already a citizen. Maybe there's a law for this case, I just never heard anything about it.

[kizza 1]

You cannot travel to the USA, marry, and stay there. That is visa fraud and could result in a lifelong ban!

Your options are for him to apply for a K1 fiancee visa, which takes on average about 6-8 months from the UK. Then you move to the USA, get married, apply for AOS (takes about 3 months), and then you can work, travel etc. Other option is to get married either while on holidays in the USA or when he visits you, then you go back to the UK, and he petitions for a CR-1 spousal visa. It takes a little longer (8 months or so) on average, but once you get it and move to the USA, you are done with paperwork for 2 years, no AOS needed.

I don't see how she would be commiting fraud if she has a valid tourist visa and while in the States decides to get married and just adjust her status with immigration. A friend of mine did the same and he's already a citizen. Maybe there's a law for this case, I just never heard anything about it.

It is illegal to enter the US with a tourist visa with the intention of getting married. People do it, but if they judge that you entered with the intent of marrying, it is fraud and they could ban you.

[utopia2004 2]

It is of my understanding that if you file for a K1 then he will come under scrutiny for his past record but if you marry and file for a CR1 they wont even come into question.

No where at any time was I asked about any criminal past when my wife and I filed for a a CR1.

You could come to the USA marry but then you would need to og back to your country and wait out the papers. In the long run a CR1 is cheaper and takes the same amount of time any way.

Thanks that sounds like a good option, i have uni to finish so i have proof that i have to go home anyway.

But even if i go home, but come in to the US with intention to get married (but have a return ticket and proof of needing to go home), is that still fraud because you still have the intention to get 'married'?

What were your convictions if you don't mind me asking? thanks

[Brit Abroad 166]

CR1 seems to offer a lot of positives.

1. Cheaper than K1 process

2. Faster than K1 process

3. Issued a green card and Social Security No on arrival, rather than waiting 2-6 months for it on Adjustment of Status process (post-K1)

4. Allows you to get your passport updated to married name while waiting in the UK (makes travelling with a green card MUCH easier)

5. You're at Uni anyway, so unless you're able to transfer your course here, you don't necessarily want to live in the US just yet.

From the information you've given thus far, I'd say the CR1 really is a great option for you.

In terms of your fiance's felony/misdemeanours, I'd see if there's a fixed-fee immigration solicitor (who specialises in American Law) in London, and see what information they can give you in a one-off appointment.

[Penguin_ie 6,002]

But even if i go home, but come in to the US with intention to get married (but have a return ticket and proof of needing to go home), is that still fraud because you still have the intention to get 'married'?

Getting married is fine, you can enter the USA on a tourist visa and get married no problem. The problem/ illegal thing is if you stay after you get married; as long as you return within the 90 days the VisaWaiver Program gives you, or however long they gave you on your tourist visa, you are fine. It does sound like the CR-1 is the best option for you, due to your university studies. You can easily time it to co-incide with graduation.

[utopia2004 2]

C1R does sound like the best option... I have just read that there is possibility of me co sponsoring? We can also get his dad to co sponser, as he has assets? but hopefully he will have a proper job in construction when he gets out anyway in 4 months, although he might not get one straight away. Is there a combination of things that i can make up the sponsership with? I.e his money, my money, his dads money, asset/ tax returns?

Thanks everyone for all your help

Edited October 8, 2009 by utopia2004

[JimVaPhuong 4,865]

C1R does sound like the best option... I have just read that there is possibility of me co sponsoring? We can also get his dad to co sponser, as he has assets? but hopefully he will have a proper job in construction when he gets out anyway in 4 months, although he might not get one straight away. Is there a combination of things that i can make up the sponsership with? I.e his money, my money, his dads money, asset/ tax returns?

Thanks everyone for all your help

Read the instructions for the I-864 affidavit of support. It spells out in detail who can sponsor, and under what circumstances sponsors can combine income.

http://www.uscis.gov/files/form/I-864.pdf

Income from relatives or dependents of the primary sponsor can be included with the primary sponsor's income, provided those relatives live in the same household or are listed as dependents on the primary sponsor's tax return. Income from the immigrant can also be included with the primary sponsor's income, provided that income will come from the same source before and after immigration (e.g., you're going to keep the same job after moving to the US). Assets from combined sponsors can also be included, and they offset income by 1/3 their value. In other words, $6000 in the bank will make up for a $2000 shortage in income.

Bear in mind that piling on combined sponsors also increases the household size, which further increases the minimum income required.

Combining sponsors can get complicated and messy. Most people don't go this route, and instead get a joint sponsor or co-sponsor who can qualify on their own merits without combining income with anyone else. A co-sponsor doesn't have to be a relative living in the same household, or a dependent on the primary sponsor's tax return. A co-sponsor doesn't even have to be related to the primary sponsor in any way. Any US citizen or LPR living in the US can be a co-sponsor. A co-sponsor also doesn't have to include the primary sponsor or any of the primary sponsor's dependents in their household size - they only have to include their own dependents plus the immigrant.

[justashooter 430]

I have a load of misds. and one felony. Other than asking my fiance a few questions to make sure he was aware of my history there was no problem.

Thats good to know for me! im worrying i wont be able to be with him.. he is a few minor felonies.. he is only 23 and really wants to turn his life around now. He skipped parole to do that which wasnt the best idea (before he met me), so he has to do 4 months for that.

one burglary and several misdemeanors by the age of 23, including an assault at the age of 15, is not an indicator of a stable development. but, as you're in kollege, i'm sure you already heard that in psych 101. many people have "turned their life around" after such a start, but the process is difficult.

getting a good job with a felony record is difficult. learning to solve problems in a constructive manner after 8 years of solving them by destructive methods is also difficult. i wish you the best in your future life, but would advise you to be careful in your decision making.

i have been a manufacturing supervisor over employees with criminal records. the results were a mixed bag, but the odds are against you. you only have one life to live, so make your choices carefully.

[*JG* 2]

It never came into question with me.