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Starting from Scratch...Advice Needed :)

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Hey Guys,

First of all, a breif intoduction. I am Laura, I am 26 years old and have a beautiful daughter (14 months) I have been seeing, and engaged to a guy in America for a while now. Almost 3 years. We broke up for a period of time (hense the daughter) and got back together middle of last year. We met online.

I am now, again, looking to move over there to be with him, with my daughter.

Now, he has a criminal record. Not due to the fact that he is a thug lol. It's a long story, but let;s just say he was young and believed he was delivering justice. (He didn;t kill anyone!!!)

Anyways...

I was wondering if his record with affect anything. I know the process of the petition needs him to be able to prove that he can support me in order for me to move over there, which he will be able to. But I just wondered if the record would make things more difficult?

Any advice would be greatly appreciated.

Thank you

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Know this post is going to be moved. Does make somewhat of a difference if your intended was born here or naturalized, depending on the offense, if naturalized, can be deported. But won't get much help unless the replier knows exactly the nature of that offense.

On a personal note, with your history with this guy, are you sure you want to go through with this? Being a bit older and wiser, you can't change people, well, maybe one in a million, but the odds are greatly against you.

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Know this post is going to be moved. Does make somewhat of a difference if your intended was born here or naturalized, depending on the offense, if naturalized, can be deported. But won't get much help unless the replier knows exactly the nature of that offense.

On a personal note, with your history with this guy, are you sure you want to go through with this? Being a bit older and wiser, you can't change people, well, maybe one in a million, but the odds are greatly against you.

First of all, thank you for replying :D

Secondly. He was 17 when he went to prison. His sister got raped and murdered, so my intended (being young and angry) went to find the scumbag that did it and beat him with his own skateboard. Needless to say the offender was jailed for murder, but my intended also got 5 years for assault with a deadly weapon. He has now been on probation for almost 15 years (Resitution fees along with that) with no violations or further convictions. He has his own company with his brother and is completely stable.

He was born in the US and still resides there.

I hope that information helps.

Thanks again.

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First of all, thank you for replying :D

Secondly. He was 17 when he went to prison. His sister got raped and murdered, so my intended (being young and angry) went to find the scumbag that did it and beat him with his own skateboard. Needless to say the offender was jailed for murder, but my intended also got 5 years for assault with a deadly weapon. He has now been on probation for almost 15 years (Resitution fees along with that) with no violations or further convictions. He has his own company with his brother and is completely stable.

He was born in the US and still resides there.

I hope that information helps.

Thanks again.

I am one of those born in the USA guys that had to petition for my wife and stepdaughter. Just reviewed the two forms I had to fill out, the I-130 to petition for them, two of those, one for each, and a G-325a for my biographical information. Not very long, me, education, where I worked and lived, and the name of my parents. But neither form asked me about my criminal history, nor did they ask me about the service I had to perform to protect other peoples freedom.

Really not in a position to say I know for sure, but just do not see where they ask those kinds of questions, oh, also had to fill out an I-864 to prove I had the bucks to support my wife and stepdaughter. So your intended may not have a problem with this, the immigrant sure would.

Also your daughter with a US citizen parent, is already a US citizen, but have to get the paper work to verify that. So that just leaves you.

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I am one of those born in the USA guys that had to petition for my wife and stepdaughter. Just reviewed the two forms I had to fill out, the I-130 to petition for them, two of those, one for each, and a G-325a for my biographical information. Not very long, me, education, where I worked and lived, and the name of my parents. But neither form asked me about my criminal history, nor did they ask me about the service I had to perform to protect other peoples freedom.

Really not in a position to say I know for sure, but just do not see where they ask those kinds of questions, oh, also had to fill out an I-864 to prove I had the bucks to support my wife and stepdaughter. So your intended may not have a problem with this, the immigrant sure would.

Also your daughter with a US citizen parent, is already a US citizen, but have to get the paper work to verify that. So that just leaves you.

So basically, minus the prison... You were in the same situation, which is good to know.

I have had a look at some forms, and I cannot see anything about criminal history either, so that is a plus I guess.

He is not the father of my daughter (we broke up and I was an idiot). So I guess there's a lot more paperwork added on top of that now.

Thank you so much, you have/are being a lot more helpful than you probably think you are. More so for my sanity :D It's good to know that it can be done.

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They don't care about the US citizen's criminal background unless it involves the VAWA... they only really care about the prospective immigrant.


Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

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It will most likely be fine. There are certain crimes that can make a USC unable to petition a spouse but they mostly involve sex crimes against children, etc. (ie anything that falls under the Adam Walsh act).


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Was nice of others to verify my guessing reply, more based on experience. Really didn't care if I was a veteran of a foreign war or a criminal with a record, subject never came up. But sure wanted me to prove I had money. Kept receipts, added up to a nice piece of change and would make a wonderful tax deduction. Called the IRS, said no way.

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We dated for two years before getting married, I would either hop down to Venezuela or she would come up here. Did have a top US immigration attorney, and since my wife had a business visa, just have her come up. We applied here with a ton of forms and evidence, two weeks later after our attorney sent the forms in, wife and stepdaughter received an NOA so we no longer had to be concerned about keeping their I-94's current, just wait a very long time until we finally received our AOS interview. But we didn't care, we were together. And I really didn't give a darn about the USCIS, if they wouldn't have us, plenty of other countries that would more than welcome us. When you have that attitude, they tend to be competitive.

Wife had an international drivers' license, so my insurance company covered her, that was a surprise, my rates actually went down from the time I was single. But couldn't open any joint bank accounts for here until she got her green card. She couldn't work, but did a lot of volunteer work, that paid off, was so well known around the community, everyone wanted to hire her. Was able to get her a credit card though, strange, banks wouldn't take her money, but would give her credit.

Really came to realize how screwed up this country is.

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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