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Posted

I am writing a letter of my relationship with my wife, how long we been together, how we met, our trips etc. i had drug problems when i first met my wife and ended up going to prison for 15 months a year after we met, should i mention prison in the letter and included letters from prison for evidence? we have been married 2 years and a month now. we also have a baby coming in 5 months and we own a house together in the Philippines, where she is from. is a letter really needed and if so do i mention my time away? thank you

Posted

Depends on what you went to prison for.

My husband (USC) went to prison before he met me. Having a criminal record is not necessarily a barrier to immigration for your wife. It's good that you are planning on submitting evidence of her knowledge of the matter. It doesn't look good if she doesn't know all the details. What I did was got a copy of my husband's sentencing transcript and signed my name top right on every page to show that I had seen it. We also made reference to it in the covering letter.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Posted

i went to prison after i met her, for selling a prescription medication i was on to someone i thought was a friend. i have been sober 5 years now. so should i really do a letter? and if i add it to the letter, then i should go ahead and get a copy of my record and add it? i have kinda a long list of all misdomeaner drug and alcohol charges over the years, and the felony i went away for. no theft fraud or anything else.

Posted

Definitely include everything. They will do an extensive background check on you. If you don't prove that your wife is aware of EVERYTHING - even the misdemeanours - and they spring it on your wife at the interview 'Did you know your husband was convicted of x in x year?' then it will be bad news for you.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Posted

Who is the USC?

and yes, your criminal past has to be told giving court records to accomany what you say

Interesting, for CR1/IR1 don't recall it asking anything about criminal record/background for the USC.

2013/05/03 Married

2013 CFO seminar to change name

2013 Passport issued in married name

USCIS

2015/06/27 Sent I-130

2015/06/29 Priority Date

2015/0701 NOA1

2015/08/05 NOA2

NVC

2015/08/17 Package received at NVC

2015/08/26 Received DS-261/AOS bill

2015/08/29 Sent AOS/IV

2015/08/31 AOS/IV scan date

2015/09/01 DS-260 submitted

2015/09/21 3 n/a (CC)

2015/09/28 Receive confirmation email of CC waiting interview date

2015/10/01 Interview date scheduled (P4)

Manila Embassy

2015/10/12 SLEC Medical, required to get doctor certificate and return the 30th.

2015/10/19 Went to hospital to get the doctors certificate for SLEC

2015/10/30 Appointment with doctor at SLEC for evaluation

2015/11/03 Completed medical

2015/11/05 Interview scheduled - APPROVED

2015/11/06 CEAC changed to issued

2015/11/11 Passport and visa delivered

2015/11/12 Passport stamped at CFO

Posted

Interesting, for CR1/IR1 don't recall it asking anything about criminal record/background for the USC.

It doesn't need to. USCIS has the resources to do a full background check on the USC. And they do.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Posted (edited)

It doesn't need to. USCIS has the resources to do a full background check on the USC. And they do.

They will do a name check thru databases. If full background check is deemed necessary they will schedule the petitioner for bio-metrics. Per USCIS policy memo.

Edited by Thozelle

2013/05/03 Married

2013 CFO seminar to change name

2013 Passport issued in married name

USCIS

2015/06/27 Sent I-130

2015/06/29 Priority Date

2015/0701 NOA1

2015/08/05 NOA2

NVC

2015/08/17 Package received at NVC

2015/08/26 Received DS-261/AOS bill

2015/08/29 Sent AOS/IV

2015/08/31 AOS/IV scan date

2015/09/01 DS-260 submitted

2015/09/21 3 n/a (CC)

2015/09/28 Receive confirmation email of CC waiting interview date

2015/10/01 Interview date scheduled (P4)

Manila Embassy

2015/10/12 SLEC Medical, required to get doctor certificate and return the 30th.

2015/10/19 Went to hospital to get the doctors certificate for SLEC

2015/10/30 Appointment with doctor at SLEC for evaluation

2015/11/03 Completed medical

2015/11/05 Interview scheduled - APPROVED

2015/11/06 CEAC changed to issued

2015/11/11 Passport and visa delivered

2015/11/12 Passport stamped at CFO

Posted

OP, why muddy the waters? be prepared to provided documentation if asked. For our IR1 we provided NO evidence of daily communication or of visits. Provided wedding pics and some financials. was asked at interview when was petitioners last visit and some additional fotos. No issues.

2013/05/03 Married

2013 CFO seminar to change name

2013 Passport issued in married name

USCIS

2015/06/27 Sent I-130

2015/06/29 Priority Date

2015/0701 NOA1

2015/08/05 NOA2

NVC

2015/08/17 Package received at NVC

2015/08/26 Received DS-261/AOS bill

2015/08/29 Sent AOS/IV

2015/08/31 AOS/IV scan date

2015/09/01 DS-260 submitted

2015/09/21 3 n/a (CC)

2015/09/28 Receive confirmation email of CC waiting interview date

2015/10/01 Interview date scheduled (P4)

Manila Embassy

2015/10/12 SLEC Medical, required to get doctor certificate and return the 30th.

2015/10/19 Went to hospital to get the doctors certificate for SLEC

2015/10/30 Appointment with doctor at SLEC for evaluation

2015/11/03 Completed medical

2015/11/05 Interview scheduled - APPROVED

2015/11/06 CEAC changed to issued

2015/11/11 Passport and visa delivered

2015/11/12 Passport stamped at CFO

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

My husband petitioned me from prison. There is no need, or requirement, for you to do a letter or list previous/current convictions. Just fill out the I-130 petition and submit with marriage cert and bona fida evidence. USCIS will do a background check and see criminal history. Your crimes don't fall under AWA, so you have nothing to worry about.

Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

Filed: Other Country: China
Timeline
Posted

Interesting, for CR1/IR1 don't recall it asking anything about criminal record/background for the USC.

Bingo. No court records or disclosure is required in a spouse visa case, unless the criminal record includes violations of the Adam Walsh Act. (Sex crimes against a child...)

If letters is how you communicated during that 15 months, I would include them. No explanation of where you wrote from, or that you were imprisoned, is required.

Disclosure of certain criminal records is required in Fiancee Visa cases, but a single conviction on a drug charge, would not cause any of the criminal background questions to be answered YES. So, even if this were a fiancee visa case, this particular conviction would not even be required to be disclosed.

In actual practice, it is best to make certain your spouse is fully informed anyway, because they, (in practice) WILL be asked about it.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted

Bingo. No court records or disclosure is required in a spouse visa case, unless the criminal record includes violations of the Adam Walsh Act. (Sex crimes against a child...)

If letters is how you communicated during that 15 months, I would include them. No explanation of where you wrote from, or that you were imprisoned, is required.

Disclosure of certain criminal records is required in Fiancee Visa cases, but a single conviction on a drug charge, would not cause any of the criminal background questions to be answered YES. So, even if this were a fiancee visa case, this particular conviction would not even be required to be disclosed.

In actual practice, it is best to make certain your spouse is fully informed anyway, because they, (in practice) WILL be asked about it.

Exactly our approach. Nothing *needed* but sent stuff about his conviction to prove that I am aware of it in preparation for being asked about it at interview.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

 
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