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Bruinsfans0607 Rookie

Bruinsfans0607   4

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Our I 130 was approved I have a few charges last was in 2007. is this a bad thing? can I still get visa w/o waiver? when and who determines if I need one

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NancyNguyen Experienced

NancyNguyen   1,657

Posted
Filed: Citizen (apr) Country: Vietnam (no flag)
 Timeline
Posted (edited)

Nope, waiver is only for one charge. Couple assaults are not good, experienced lawyers are your friends. It is time to arrange your spouse to go to Canada.

Edited by NancyNguyen

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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NancyNguyen Experienced

NancyNguyen   1,657

Posted
Filed: Citizen (apr) Country: Vietnam (no flag)
 Timeline
Posted

Well I have a lawyer.. how much does that actually help

Well I have a lawyer.. how much does that actually help

Very close to zero, sorry.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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LoveMyTico Mentor

LoveMyTico   999

Posted
Filed: IR-1/CR-1 Visa Country: Costa Rica
 Timeline
Posted

The embassy decides during your interview. You'll have to provide a police certificate to NVC. You won't be able to hide any off the charges. I think you should have consulted an attorney before your started the whole process.

Married March 9, 2013
NOA1 I-130 April 12, 2013
Transferred to TSC Nov 27, 2013
APPROVED March 18, 2014 FINALLY ! ! ! !! 11 MONTHS & 6 LONG DAYS FOR MY NOA2
Case shipped from TSC to NVC March 21, 2014
Rec'd NOA2 hard copy March 22, 2014
Case rec'd & Case Number assigned April 1, 2014 AMAZING !!!
PAID IV and AOS fees online April 5, 2014
Fees show paid/DS 260 avail. /DS260 submitted/AOS&IV pkg sent April 9, 2014
FEDEX delivered @ NVC April 11, 2014
Revised AOS pkg delivered April 15, 2014
AOS & IV rec'd& scanned in @ NVC April 15, 2014
Revised AOS scanned April 18, 2014
AOS checklist for income and IV pkg April 30, 2014 (checklist expected due to Lawyers mistakes)
DS260 accepted April 30, 2014
Checklist for Birth cert/police cert May 1, 2014
AOS accepted May 5, 2014
Birth cert scanned MAY 8, 2014

CASE COMPLETE JUNE 4, 2014 CC letter received via email June 11, 2014

INTERVIEW JULY 15, 2014

Waiver finally FedEx'd to Phoenix Lockbox August 21, 2014

WAIVER APPROVED December 17, 2014

Received Instruction Letter via email December 23, 2014

Final Embassy Appointment January 5, 2015 YAY !

Visa ISSUED January 12, 2015

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southcoast Explorer

southcoast   27

Posted
Filed: Other Country: Albania
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Posted

You didn't give much detail on the crimes. But generally, simple assault is not a CIMT and therefore is not an excludable offense. B&E on the other hand is excludable. You will be given the opportunity to file a 601 waiver, and if you can prove extreme hardship on the petitioning spouse, then you can get a waiver. This would happen at the adjustment interview, not the I130 interview. You should talk to your attorney about whether in this new marriage you have built the equities to support the waiver. If you have not, then sit on the approved 130 before filing the 485.

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southcoast Explorer

southcoast   27

Posted
Filed: Other Country: Albania
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Posted

My above post assumes you are adjusting- if you are visa processing then you will need to wait for the consular interview to file the waiver application. Same form, same standards, different place.

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