Petitoner with a criminal record - is this grounds for denial?

[TallT2012 0]

Hi everyone i was hoping someone might be able to help me with some information on whether the visa will be denied or not.

i am the us citizen and my fiance (from australia) plan to get married next year and apply for the spousal visa. what we are worried about is that the spousal visa will be denied because of my criminal past.

I have two felony charges from 10 years ago of possesion of drugs (just small for personal use, wasnt charge with distrubtion or intending too) and also one domestic assault charge for pushing my ex into a wall. I am not proud of that but want to fully detail my record in order to see if anyone is able to help and let us know if this will be denied. Then a few years after that I was pulled over and becuse I had a gun in my car, I was charged with felon in possesion of a weapon and was given 7 years.

My fiance is fully aware of my record (we actually originally met on a prison pen pal website) however will my record cause our visa to be denied even though her record is completley clean with the except of a speeding ticket?

If someone could offer some advice not judgement it would be very much appreciated

[TallT2012 0]

Sorry also forgot to add I earn $19000 a year before tax, is that enoughto sponsor or does the 125% above poverty level required to be the amount you earn after tax?

[AmyWrites 593]

I think you might need to look into IMBRA.

[velrich 50]

Its not your record is important. Her record is important since she is the beneficiary.

[TallT2012 0]

I think you might need to look into IMBRA.

But I thought IMBRA only applied to the fiance visa not the spouse visa?

Its not your record is important. Her record is important since she is the beneficiary.

Thank you for your reply, her record is completely clean except for the speeding ticket. We just weren't sure about the effects of the petitioner having a record

[Wakey86 12]

Hi everyone i was hoping someone might be able to help me with some information on whether the visa will be denied or not.

i am the us citizen and my fiance (from australia) plan to get married next year and apply for the spousal visa. what we are worried about is that the spousal visa will be denied because of my criminal past.

I have two felony charges from 10 years ago of possesion of drugs (just small for personal use, wasnt charge with distrubtion or intending too) and also one domestic assault charge for pushing my ex into a wall. I am not proud of that but want to fully detail my record in order to see if anyone is able to help and let us know if this will be denied. Then a few years after that I was pulled over and becuse I had a gun in my car, I was charged with felon in possesion of a weapon and was given 7 years.

My fiance is fully aware of my record (we actually originally met on a prison pen pal website) however will my record cause our visa to be denied even though her record is completley clean with the except of a speeding ticket?

If someone could offer some advice not judgement it would be very much appreciated

Hi,

The background check is mainly on your fiance/ wife, not you. That's why there are people who even file petitions while in prison.

As for the income requirements, please check this link with the updated 2012 Federal Poverty Guidelines http://www.masslegalhelp.org/court/125percent-federal-poverty-guidelines-article

To calcuate the household size count yourself, your spouse and whoever else lives in your household. Hope this helps.

[Ban Hammer 12,857]

one personal attack removed. please answer the op's question without being judgmental.

[dwheels76 5,463]

You should be perfect;y fine and as long as she knows and can speak to it if asked should be no problem. Usually for the USC moral turpitude charges and of course anything that has to do with children are no no's. And your's was long ago. Praying for your successful approval and happy ever after.

[TallT2012 0]

Thank you for your help everyone it has been very much appreciated

The 125% above povert line for two people, is that figure the amount you need to earn before or after tax? (Sorry if this has been asked a million times)

[VanessaTony 3,567]

Thank you for your help everyone it has been very much appreciated

The 125% above povert line for two people, is that figure the amount you need to earn before or after tax? (Sorry if this has been asked a million times)

I believe it's before tax.

[Tim/Mav 305]

I dis-agree with so many of the replies from members I seen on this post.

Moral Turpitude Only applies to the Beneficiary and not the Petitioner. (The Petitioner's Criminal Background is looked at)

You have some SERIOUS CONVICTIONS against you. 10 years is not a long time and your Offences will be looked at seriously for her safety.

You have drugs, batterment, and a weapons charge on your record. As to a Convicted Felon.

You will need: A Waiver stating you are no threat. A Lawyer to file this but not required but I would'nt take that chance. Proof of Counciling and completion of required Court requirements.

This is a piece of the biggest Beef Jerky you will ever bite into. This is going to need assistance from every juridiction your came in contact with and a letter proving you are no threat/completed programs.

The $19.000.00 is Borderline for 2 but is OK. Thats your last worry for now.

Forgive my honesty. Better to be aware now than later.

[TallT2012 0]

I dis-agree with so many of the replies from members I seen on this post.

Moral Turpitude Only applies to the Beneficiary and not the Petitioner. (The Petitioner's Criminal Background is looked at)

You have some SERIOUS CONVICTIONS against you. 10 years is not a long time and your Offences will be looked at seriously for her safety.

You have drugs, batterment, and a weapons charge on your record. As to a Convicted Felon.

You will need: A Waiver stating you are no threat. A Lawyer to file this but not required but I would'nt take that chance. Proof of Counciling and completion of required Court requirements.

This is a piece of the biggest Beef Jerky you will ever bite into. This is going to need assistance from every juridiction your came in contact with and a letter proving you are no threat/completed programs.

The $19.000.00 is Borderline for 2 but is OK. Thats your last worry for now.

Forgive my honesty. Better to be aware now than later.

No forgiveness necessary as I appreciate peoples responses. However I am now totally confused as everyone we have spoken too all have advised what you have said only applies if we were applying for the fiance visa but we are applying for the spousal visa ?

Edited October 22, 2012 by TallT2012

[TallT2012 0]

Sorry for all the questions everyone. I just downloaded the forms for both the fiance visa and the CR1 spousal visa and the fiance visa specifically has a section asking about crimes etc yet the CR1 spousal visa does not ask anything about a criminal record. So does this mean I don't actually need to send any evidence like my record etc with the application?

Also on the spousal visa form it asks how long we have been living together, we arent because she's from Australia. Is it a requirement that we have to live together? I just don't see how that's possible when we aren't in the same country

Thanks in advance for everyones help without passing too much judgement, it's appreciated

[Ryan H 3,791]

Sorry for all the questions everyone. I just downloaded the forms for both the fiance visa and the CR1 spousal visa and the fiance visa specifically has a section asking about crimes etc yet the CR1 spousal visa does not ask anything about a criminal record. So does this mean I don't actually need to send any evidence like my record etc with the application?

Tim/Mav gave you incorrect information with regards to spousal visa petitions, you are not required to submit any kind of waiver nor will you be required to send any evidence related to your past indiscretions. With that being said, a criminal background check will likely be done on you and at interview time, a CO will have that information and could ask your wife about the details of it.

Also on the spousal visa form it asks how long we have been living together, we arent because she's from Australia. Is it a requirement that we have to live together? I just don't see how that's possible when we aren't in the same country

There is no requirement for you to have been living together in order to file, you can answer "We have not yet lived together" for that question (that is the answer I gave). "None" is also an appropriate answer for that question. "N/A" is not an appropriate answer for that question because that question is applicable to you.

Furthermore, USCIS will also not expect couple living in separate countries to have things such as joint accounts, property or leases together, etc.

[Tim/Mav 305]

Tim/Mav gave you incorrect information with regards to spousal visa petitions, you are not required to submit any kind of waiver nor will you be required to send any evidence related to your past indiscretions. With that being said, a criminal background check will likely be done on you and at interview time, a CO will have that information and could ask your wife about the details of it.

There is no requirement for you to have been living together in order to file, you can answer "We have not yet lived together" for that question (that is the answer I gave). "None" is also an appropriate answer for that question. "N/A" is not an appropriate answer for that question because that question is applicable to you.

Furthermore, USCIS will also not expect couple living in separate countries to have things such as joint accounts, property or leases together, etc.

In retrospect: So, it is not required for a Spousal Visa Request. So, you implying she attend the interview with No Loaded Guns to defend the Petition and the Petitioner's past Criminal Activity? The beneficiary being aware of his past is good but that will not be on course. The CO is going to look at her safety based on Convictions/Felon. So, what happens is a case like this? Just because she knows about it don't mean much with the Petitioner's Background. To me, it would make better sense to provide Information/Documents related to treatment verification to insure the beneficiary will not be in harms way. I mean: Why go to an interview you can't win unless and maybe they ask for these documents later as I stated. Do it right the first time. Have everything there for the Interview the First time. They will definately throw this on the "back burner" or deny.. Would you Approve it without showing proof of rehabilitation of the Petitioner ? No. And the CO won't either I would think.