Conviction/Crime Issue - need some serious help!

[Moofie 0]

Brand new member here.

So my fiance and I are past the "brainstorming" part of petitioning to get me the K-1, and now headed towards actually filling out the forms and getting everything together. This is so daunting for the two of us, but after visiting this site, I have a feeling most will be relatively easy to cover.

Except one.

In December of 2010, my then-boyfriend (now my fiance, United States) came to visit me (Canada). He flew here without a return ticket, which much have sent up a red flag with customs. They searched him, thoroughly. Right down to his laptop. And guess what they found - old pictures of his then-seventeen ex-girlfriend that he had forgotten to delete. Their view on it? "Posession of child pornography." He was detained, charged, sentenced to 14 days jailtime here in Canada, and deported. I was devastated, yes, but nowehere near as much as he was. That one, tiny mishap of forgetting to delete those photos earned him a five-year ban, a criminal record and his name on the sex offender registry.

But in Canada. So this is where I get confused. He has had background checks done for job interviews since going back home, and everything came up clear. The conviction clearly only applies to MY country.

How could this possibly affect his I-129F petition and does he need to check "YES" towards any convictions? I'm terrified that if he doesn't, we'll be denied for not being honest.

HELP.

[L+T 71]

Brand new member here.

So my fiance and I are past the "brainstorming" part of petitioning to get me the K-1, and now headed towards actually filling out the forms and getting everything together. This is so daunting for the two of us, but after visiting this site, I have a feeling most will be relatively easy to cover.

Except one.

In December of 2010, my then-boyfriend (now my fiance, United States) came to visit me (Canada). He flew here without a return ticket, which much have sent up a red flag with customs. They searched him, thoroughly. Right down to his laptop. And guess what they found - old pictures of his then-seventeen ex-girlfriend that he had forgotten to delete. Their view on it? "Posession of child pornography." He was detained, charged, sentenced to 14 days jailtime here in Canada, and deported. I was devastated, yes, but nowehere near as much as he was. That one, tiny mishap of forgetting to delete those photos earned him a five-year ban, a criminal record and his name on the sex offender registry.

But in Canada. So this is where I get confused. He has had background checks done for job interviews since going back home, and everything came up clear. The conviction clearly only applies to MY country.

How could this possibly affect his I-129F petition and does he need to check "YES" towards any convictions? I'm terrified that if he doesn't, we'll be denied for not being honest.

HELP.

sounds like a plea deal. what was he convicted of? Did they even press charges, or just let him go??

Edited June 7, 2012 by L+T

[Cathi 5,897]

Honesty is always the best policy I would contact an immigration lawyer unless anyone else here has some insight into this.

Edited June 7, 2012 by mimolicious

[Tim/Mav 305]

Brand new member here.

So my fiance and I are past the "brainstorming" part of petitioning to get me the K-1, and now headed towards actually filling out the forms and getting everything together. This is so daunting for the two of us, but after visiting this site, I have a feeling most will be relatively easy to cover.

Except one.

In December of 2010, my then-boyfriend (now my fiance, United States) came to visit me (Canada). He flew here without a return ticket, which much have sent up a red flag with customs. They searched him, thoroughly. Right down to his laptop. And guess what they found - old pictures of his then-seventeen ex-girlfriend that he had forgotten to delete. Their view on it? "Posession of child pornography." He was detained, charged, sentenced to 14 days jailtime here in Canada, and deported. I was devastated, yes, but nowehere near as much as he was. That one, tiny mishap of forgetting to delete those photos earned him a five-year ban, a criminal record and his name on the sex offender registry.

But in Canada. So this is where I get confused. He has had background checks done for job interviews since going back home, and everything came up clear. The conviction clearly only applies to MY country.

How could this possibly affect his I-129F petition and does he need to check "YES" towards any convictions? I'm terrified that if he doesn't, we'll be denied for not being honest.

HELP.

It would appear as evidence, charge conviction, jail time and deported. Therefore, a Yes. USCIS is not a Employer doing background checks. Employers run checks in the US and not Internationally. USCIS Does. This is serious even though a past event. If your Finace has attended Sex-Offender Treatment and can show proof of completion and good behavior that would help. Honestly, this is time for an Attorney. This is what a Attorney would ask from him to begin with. Yes, It will affect the 129-F in a worst case scenerio and I think it will show to be honest.

[Mogambi 96]

Unfortunately this is most likely one of the crimes they would consider 'moral turpitude' or whatever it's called and very likely cause for the denial of a visa. For sure you need to talk to an immigration lawyer to figure out how best to proceed.

Child Pornography (I know the circumstances, just calling it was the conviction was for) is about one of the most serious of crimes here, they take it very seriously.

But usually, moral turpitude crimes are property crimes, murder, serious drug offenses. But this might be tricky...

You have no choice but to be honest, and yes, it would be much worse if YOU were the one with that past, so actually good question, how his record will affect you I'm not sure...

Pay for an hour or two with an immigration attorney for sure.

[Mogambi 96]

http://tinyurl.com/7enyvq8

Unfortunately that link seems to indicate that possession of child pornography IS considered a crime of moral turptitude. So now the question is, if it's the petitioner that has been convicted, is it something that can stop the visa in the way it could if it was the beneficiary? Probably only a lawyer can tell you.

[Tim/Mav 305]

As for USCIS "Moral Turpitude" is defined as Moral Turpitude on the Beneficiaries part. Not the Petitioner. However, Convictions apply to The US Applicant/Petitioner.

[Moofie 0]

Just called the office of a US Immigration lawyer in my area. They seem to be a very reputable firm, and their top lawyer is a member of the American Immigration Lawyer's Association, so that makes me feel a lot better.

They were very nice and let me ask my questions over the phone, which was very helpful, since I really can't dish out $300 in consultation fees right now. He took my info and said one of their attorneys would look at the charge (I provided the actual criminal code) and get back to me.

I feel a little better, but my stomach still won't stop turning.

Thank you for all of the advice, guys. I'm terrified of this whole process.

[TBoneTX 48,734]

Thank you for all of the advice, guys. I'm terrified of this whole process.

Relax until you hear the answer, and then relax after you hear it -- because the knowledge of the answer will itself be a relief, and you'll have an idea of how to proceed. The "unknown" can be the biggest worry that we have, si man.

[TnJ 131]

http://tinyurl.com/7enyvq8

Unfortunately that link seems to indicate that possession of child pornography IS considered a crime of moral turptitude. So now the question is, if it's the petitioner that has been convicted, is it something that can stop the visa in the way it could if it was the beneficiary? Probably only a lawyer can tell you.

Agreed. It is a crime of moral turpitude. Moral turpitude or not, the I-129F and IMBRA and AWA is what one should be concerned with in the case of a K-1 petition. A lawyer is definitely a wise idea in the OP's case

[Moofie 0]

I've heard back from the lawyer's office, and based on the assistant's own research and a quick opinion from an attorney, the conviction WOULD be grounds for disqualification for the K-1... He said an option would be to apply for a waiver from the Attorney General or Secretary of State, given the exact circumstances of the charge.

He also brought one other thing to my attention: I was completely unaware of the I-130 and the spousal visa. Would this not be an infinitely better route for my fiance and I to take? I would travel to the US (hoping the border officer permits me entry at the POE with the intent to marry and return) and get our marriage certificate. I'd love to have an actual ceremony, but that's not an immediate option; maybe at a later date...

As far as I can see, there are no questions or concerns about convictions on the I-130. Am I right?

[Moofie 0]

Only big setback would be that I would have to travel to Montreal for the interview, which is clear across the country for me. The consulate in Vancouver no longer handles CR-1 cases. Grr..

Edited June 8, 2012 by Moofie