Please anyone could help me if my husband and me would have a chanceto be approve for CR-1 VISA if he is a convicted sex offender 20 years ago ?

[faith0305 0]

Hi everyone in visajourney!

i am new here and i want to share our situation and ask for advises after,hope you will not mind reading my story

I met my husband through my cousin who married a new yorker,i am in the Philippines so we got to talk through skype for 4 hours every night and 1 hour in the morning his time and we exchange sms messages when his at work already everyday but stil we cant get enough (we always have a wonderful talk and time flies so fast when your having fun) i am very proud to tell the whole world that i married a kindhearted,loving,caring,thoughtful,very sweet,honest,faithful,funny,very responsible and wonderful husband but he is an american citizen so we have to deal with this long distance relationship.

My husband is the most honest person i ever met in my life he was very honest right upfront to tell me about the crime he committed 20 years ago and he told me every detail of the case and at first i was very disappointed and sad of what he did but i was sad at the same time because i know and i feel in my heart that his not the same person as he was telling me he is 20 years ago,as a christian i do believe in forgiveness and second chances and for 1 year and 4 months now and may God bless us with more to come,i have proved it myself that he is a totally changed person and his the most wonderful man i ever met so its just very sad that a wonderful person like him have a very dark past that he is regretting everyday of his life.

Last year of October 2nd he came in the Philippines to be engage with me i flew from my province to manila to meet him there and bring back to my province,for 12 hours i waited in a very stormy day because his flight was delayed and finally angels sing and saw his flight number appear on the screen that said his hlight has arrived God knows how happy i was that very moment,but after an hour that his plane arrived i started having worries and i know something is wrong and then i got a phone call from an unknown number saying he is an airport guard and my fiancee is not allowed to go out in the airport and see me and when i ask for the reason why but they all just told me that they dont know,i just cant believe of what he told me and i thought my fiancee just wants to surprise me and just joking but then when i told the guy in the phone that i want to talk to my fiancee then i hear the voice of a person i love the most saying sorry and he dont ever have any idea whats going on why those things are happening,it breaks my heart that i could hear his very sad voice while saying sorry that we have to be in that situation,even i was heartbroken and felt that heavens turn its back on me and im alone that time all i have in mind is i have to help him and see him,we did everything just for those heartless staff in the airport let him out and see me but even i kneeled down and cry like a child not ashame that there are hundreds of people looking at me because i just want to see the person i love,but in the end of day eventhough i made it to go inside the airport where he is and only a wall is separating us from each other but thats just how far we could go coz they dont really allowed him to see me.For that whole night the only communication we have is through phone from an abusive airport guard who charges him 100 dollar every hour of call we do how sorry and ashame i am that his my own countrymen.Tears are flowing endlessly that day specially seeing the first flight the next morning fly that means his there and im not going to see him soon again,how heartbreaking was that then i receive a call again from an unknown number and he said his from the airport immigrationa nd he wants to see me.So i went to see him and he told me how he feels very sorry for me and my fiancee that he thinks that his a good guy that his hands up to him that while my fiancee was calling me all night he could see his tears running down on his face but still my fiancee make his voice stable and calm so that i wont cry more in the other line.And he advise me to go to Bureau of immigration in intramuros,manila to check about my fiancees status and if i could prove that his not in the blacklist then they will call the airport in narita,japan where my husbands plane will lay over and so he could go back in the philippines.So i did what he told me and really proved it myself and saw in my very own eyes that he is not in the blacklist and so i told those people in the immigration to help me but then all they said is just wait a lawyer will come here to talk to you but nothing happens and i ended up flying back home alone with a brokenheart and soul.

And after 5 days i checked again about his status and said that his blacklisted already.For so many days all we did was to cry and then one night he asked me if i still want to be with him and love him or would i want to find another after all the disappointments he thought he gave me.That very moment i saw a man who truly cares and loves me very much,women out there did you ever experience that your man was singing to you with eyes crying proud to say my man did that to me.Then he said i promised you that i will never give you up to my last breath and will be spending the rest of our lives together.So as a first move we hired an immigration lawyer in my province to help him enter the country but till now we havent get any answer yet so our lawyer advise us to see each other in Hongkong and we could even get married there.

So we decided to apply for getting married in hongkong and was surprise how fast things was and this September of this year we are able to fly in hongkong with my mother with me.September 3,2013 a very memorable and special day of our lives has come finally were going to see each other,Being him ahead of some hours to arrive in hongkong he was surprisingly waited for me in the arrivals area,and very funny coz my mother saw hime first and he was the same too he said i look more beautful in person than in the computer so he did not recognize me right away not till he saw my mama and he knew that i was it,oh my how i remember so much his teary eyes and that very hug tight that he gave me that moment me being shy and very mixed emotioned i dont know what to say i was just to the peak of happiness and kissed him,i will not just say the things happened when we got ourselves alone in our room in the hotel hehehhe ;)it was FANTASTIC )))))

We got married and spent 14 days in hongkong together and had the most wonderful,best days of our lives.

The day that we have to separate again was the saddest day of my life,but with God i can look in the future spending the rest of my life with my husband.Now were back as usual to our routines everyday,and i still cant believe that those 14 days was real and just feels like it was just a very beautiful dream that how i wish i dont have to wake up and stay there forever.And now i think im pregnant so it was not a dream at all heheheh

Now my husband hired an immigration lawyer and explained the situation we are in that it would not be easy and theres no sureness of the petition to be approved but he will do everything for us.Im very sorry if i got emotional im just very happy now that through this i could share the wonderful love i have with my husband.i love him with all my heart and soul to eternity and beyond :)So please anybody here who knows or have the same situation with us please tell me if you were given chance to be approved in your petition or any help or advise that u could give us will be very highly appreciated.THANK YOU EVERYBODY!

[Blueberry Pancake 311]

I am confused. Are you a USC?

I think you will need a very good immigration attorney for this. Sex crimes are very serious and a waiver will most likely be needed .. Look up Adam Walsh Act. Go to immigrate2us.net - that's a great forum for complicated cases such as yours.

[Juliet and Steve 93]

Convicted sex offenders face an uphill battle, usually for life.

If the offense involved a significantly older person and a child it seems unlikely that he has any recourse.

However, there are cases where one person is 19 and the other 17, where both parties agreed to a sexual activity. Depending on state law, this can result in a conviction in one state where it becomes something less, or nothing at all in another state. So there are varying degrees, in my opinion, that can result in the same conviction.

It seems to me that the real question was: “was force involved,” and also: “age disparity.” These two elements may define severity.

In his case his state law rules. See:

http://www.criminaldefenselawyer.com/resources/criminal-defense/expungement/seal-criminal-records.htm

So it would be best to hire a lawyer competent in sex offender convictions and annulment (or pardon/sealing of records—depending upon state law) and make sure that lawyer is in his state of conviction.

See avvo.com to ask legal questions. Surprisingly avvo.com often gets good, high quality free answers.

Considering the length of time, if the offense was marginal, as one listed above “might” be considered, annulment/pardon/sealing might be allowed.

Additionally, as mentioned above, under the Adam Walsh Child Protection and Safety Act of 2006, any person convicted of a felony sex crime involving children is ineligible to petition a foreigner to immigrate to the United States, including on a K-1 visa. The Secretary of the Department of Homeland Security can issue a waiver of this Act at his or her sole discretion.

http://en.wikipedia.org/wiki/K-1_visa

[Mark88 184]

Since you are a foreign national, and your husband a USC I don't really see a problem here. He should file the I-130 for a CR-1 Visa and you should be able to join him in the US. His previous confictions won't matter for USCIS since he is the USC.

[Benediction 15]

Sorry to hear, but am praying for you both.

Remember Proverbs 3:5-6

[Ryan H 3,855]

His previous confictions won't matter for USCIS since he is the USC.

Incorrect, under the Adam Walsh Act, sex offense convictions do matter for USCIS. As other posters have accurately stated, the OP and her USC spouse are in for an uphill battle.

[Mark88 184]

Incorrect, under the Adam Walsh Act, sex offense convictions do matter for USCIS. As other posters have accurately stated, the OP and her USC spouse are in for an uphill battle.

You're right, I didn't read the part with it beeing a sex crime.

[faith0305 0]

thank you very much for your ideas,i know that it will be very complicated but i just love him so much so i married him we really need God's mercy.oh my cant imagine living without my husband

Convicted sex offenders face an uphill battle, usually for life.

If the offense involved a significantly older person and a child it seems unlikely that he has any recourse.

However, there are cases where one person is 19 and the other 17, where both parties agreed to a sexual activity. Depending on state law, this can result in a conviction in one state where it becomes something less, or nothing at all in another state. So there are varying degrees, in my opinion, that can result in the same conviction.

It seems to me that the real question was: “was force involved,” and also: “age disparity.” These two elements may define severity.

In his case his state law rules. See:

http://www.criminaldefenselawyer.com/resources/criminal-defense/expungement/seal-criminal-records.htm

So it would be best to hire a lawyer competent in sex offender convictions and annulment (or pardon/sealing of records—depending upon state law) and make sure that lawyer is in his state of conviction.

See avvo.com to ask legal questions. Surprisingly avvo.com often gets good, high quality free answers.

Considering the length of time, if the offense was marginal, as one listed above “might” be considered, annulment/pardon/sealing might be allowed.

Additionally, as mentioned above, under the Adam Walsh Child Protection and Safety Act of 2006, any person convicted of a felony sex crime involving children is ineligible to petition a foreigner to immigrate to the United States, including on a K-1 visa. The Secretary of the Department of Homeland Security can issue a waiver of this Act at his or her sole discretion.

http://en.wikipedia.org/wiki/K-1_visa

thank you very much! were holding on to our faith

Sorry to hear, but am praying for you both.

Remember Proverbs 3:5-6