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bilson4real

Can a Felon AOS for an immigrant spouse?

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I sure hope not. In general any felon will have a tough time getting anything done concerning immigration.

The spouse of the felon was not aware of the conviction before the marriage was consummated. Now she is stuck between AOSing and the marriage. The marriage is real, and AOS is important; what is the way out of these problems?

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Get a Lawyer?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I think getting a lawyer would be a waste of money. In my opinion the best case scenario would be that they make him go back to his country and wait which is pretty common. There isn't a way out of the problems, the guy was dishonest to her and was involved in some kind of child porn or something. Those are two pretty big strikes.

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The AOS will be subjected to Adam Walsh Act. The chance of getting approved is extremely slim...See the link below for more information!

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/adamwalshact072806.pdf


08/13/2013 Came to the US on F1 visa

09/26/2013 Met my husband

11/03/2013 Started dating

03/11/2015 Got married at the court house

10/23/2015 Medical exam done

11/04/2015 AOS package mailed out by USPS priority (I130 & I145 concurrent filing)

11/06/2015 Packaged delivered to Chicago Lockbox

11/13/2015 Both checks cashed by USCIS

11/15/2015 Received text msg notification of receipts of I765, I131, I130 and I485

11/19/2015 Received NOA in mail

11/20/2015 Received biometrics appointment letter in the mail

12/04/2015 Biometrics appointment completed

12/09/2015 Case ready to be scheduled for interview

01/25/2016 Submitted online service request for EAD

01/27/2016 I765 case status updated to "New Card Being Produced"

01/28/2016 EAD officially approved and card has been mailed

02/03/2016 EAD/AP combo card received in the mail. YAY!

----------------------------------------------------------------------------------------------------------------------------------------------------------

10/27/2016 EAD/AP renewal application mailed USPS priority

10/29/2016 EAD/AP renewal package delivered to Chicago Lockbox (Saturday)

11/02/2016 Online case status updated to interview scheduled for December 8th

11/12/2016 New medical exam done due to one year validity

12/08/2016 AOS interview and case was APPROVED, new card is being produced

12/12/2016 Received Approval/welcome notice in the mail

12/16/2016 Received conditional green card in the mail

-----------------------------------------------------------------------------------------------------------------------------------------------------------

01/31/2017 Filed for divorce (long story)

07/26/2017 Final divorce decree granted 

08/21/2017 i-751 with divorce waiver package mailed USPS priority 

08/28/2017 NOA/Extension letter received in mail 

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I think getting a lawyer would be a waste of money. In my opinion the best case scenario would be that they make him go back to his country and wait which is pretty common. There isn't a way out of the problems, the guy was dishonest to her and was involved in some kind of child porn or something. Those are two pretty big strikes.

The husband, an American citizen, is the convicted sex offender, not the wife, the immigrant.

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The husband, an American citizen, is the convicted sex offender, not the wife, the immigrant.

Sorry, not sure then. I've heard you can't get a K1 visa as a felon so I would assume you can't help someone adjust status either. I think a lawyer would be a waste if this is a case, if she chooses to use a lawyer I would make sure they give you a reference of someone with the same situation that you can talk to. Any lawyer will take you on because it's money in their pocket.

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The husband, an American citizen, is the convicted sex offender, not the wife, the immigrant.

How did she come to US?

On spouse visa or fiancee visa?

Did these crimes occur after the fiancee\spouse visa?

Or did he lie in his application?

Because I thought the chance of someone with felonies that you mentioned

would not (easily) be able to sponsor someone for fiancee or spouse visa?


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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How did she come to US?

On spouse visa or fiancee visa?

Did these crimes occur after the fiancee\spouse visa?

Or did he lie in his application?

Because I thought the chance of someone with felonies that you mentioned

would not (easily) be able to sponsor someone for fiancee or spouse visa?

The woman was not sponsored by the husband (Felon), they met here in the US, and got married.

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The woman was not sponsored by the husband (Felon), they met here in the US, and got married.

If he falls under the "Adam Welsh Act" he will not be illegal to file for her. Their application will be denied. Petitioners get denied also. Petitiners also have to have a clean record. They should seek a lawyer first. But normally crimes against children PERIOD is just a Denial.

Edited by dwheels76

Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.
Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

:goofy:


Come join the current Interview thread: 

 

Case-Complete-to-Interview-September-2018/

Case Complete to Interview Form
Case Complete to Interview Spreadsheet
NVC Filers Wiki Process

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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~~Moved to IMBRA Special Topics from AOS Family as the Wife in the OP did not enter on a K1. -- As the this thread can fit in more then one forum, I hoping this forum will be the better fit for helping the OP.~~

Edited by Ontarkie

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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~~Moved to IMBRA Special Topics from AOS Family as the Wife in the OP did not enter on a K1. -- As the this thread can fit in more then one forum, I hoping this forum will be the better fit for helping the OP.~~

Thanks

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Just to clear up some confusion. A felon can sponsor a spouse/fiancé. I know as I did it. It depends on the nature of the crime.

In this case a sex crime is very hard to obtain a waiver for and it might be impossible.

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