my wife have a criminal record

[donatus 2]

my wife had a criminal case involving using a fake check and was sentenced and she had served her prison sentence.she has just petitioned our l130 and we have received notification from usics.pls i want to know if her criminal record will affect our petition and if the usics will reguire further documents from her and if so what the documents should be so we can get it ready now till when they request for it.Thanks

[aaron2020 11,651]

my wife had a criminal case involving using a fake check and was sentenced and she had served her prison sentence.she has just petitioned our l130 and we have received notification from usics.pls i want to know if her criminal record will affect our petition and if the usics will reguire further documents from her and if so what the documents should be so we can get it ready now till when they request for it.Thanks

Is she the petitioner or the beneficiary?

[Laure&Colin 347]

Is she the petitioner or the beneficiary?

This is an important question. If she's the USC, then it shouldn't cause major problems.

If she's the foreign spouse, she might get denied if the CO considers the offense a crime of moral turpitude.

[donatus 2]

she is the petitioner

[love4life09 15]

my wife had a criminal case involving using a fake check and was sentenced and she had served her prison sentence.she has just petitioned our l130 and we have received notification from usics.pls i want to know if her criminal record will affect our petition and if the usics will reguire further documents from her and if so what the documents should be so we can get it ready now till when they request for it.Thanks

She will need to include the Police Report and Court Record of the incident.

[donatus 2]

only the police report and court record?will it be photocopy or certified copies

[NigeriaorBust 4,087]

You say she has served her sentence , meaning that she is out of jail either with or without probation ? As long as she has served her term and stays out of trouble it should not affect your petition especially that you seem fully aware of what happened. Is your wife a USC or a permanent resident ? If she isn't a USC that could affect her ability to stay in the US which would affect your ability to come here.

[donatus 2]

ok thanks so much my wife is a US Citizen.pls i want to know if the court record can be obtained at the court because its over 10 years now since she has served her prison term.And since its over 10 years now would usics stil request for the police report and court record since she has not had any more criminal case.

[pushbrk 12,212]

She will need to include the Police Report and Court Record of the incident.

No, she will not need to do anything. This is a non-issue for the USC petitioner filing an I-130.

You may be confusing the need to send court records for SOME convictions when submitting an I-129F but this "crime" is not one on that list anyway.

ok thanks so much my wife is a US Citizen.pls i want to know if the court record can be obtained at the court because its over 10 years now since she has served her prison term.And since its over 10 years now would usics stil request for the police report and court record since she has not had any more criminal case.

This is a non-issue. Don't give it another thought.

[NancyNguyen 1,657]

She will need to include the Police Report and Court Record of the incident.

Wrong, only intending immigrant needs to include when AOSing. USC spouse doesn't need to include anything else than required forms/pictures.

Edited March 22, 2012 by NancyNguyen

[Deputy Purple 1,294]

Wrong, only intending immigrant needs to include when AOSing. USC spouse doesn't need to include anything else than required forms/pictures.

You're wrong also...

Nobody is asking about Adjusting Status here. This is for filing an I-130 Petition for an Alien Relative.

[donatus 2]

thanks guys

[pushbrk 12,212]

thanks guys

Just to clarify, the only kind of criminal record for the US Citizen that will cause a petition denial is one that includes sex crimes against children. (Adam Walsh Act) Once the petition is approved, as long as there's a qualified sponsor, and bona fide relationship, all eyes are on the intending immigrant.