CR1 instead of K1? - Felonies & Multiple Marriages & False PPO

[Hopeful_777 0]

So, I want to marry a Filipino but...

 

Over 20 years ago I had a felony charge of Kidnapping. This was not involving a child, nor was there any physical harm, violence, holding over 24hrs etc. It was a joy ride when I was a teen that I did not let someone out. 

 

Besides that over 15 years ago I had 3 DUI's and the third was a felony.

 

I have not had even a small incident with the law since then but I have had several marriages end in divorce and one where the woman filed false alligations to get a PPO. It was eventually overturned but it was filed.

 

I am doing extremely well now in life with established career with a very good salary approaching 100k and good ties with my church and friends.

 

From what I have read, people with my type of past have tried to get a K1 have been denied because there is a criminal history questionaire and the goverment can simply say "visa denied, hes not good for you." 

 

So I am wondering if obtaining a CR1 is possible if I go get married in the Philippines. Would this be easier or would I face the same problems.

 

Thanks for all your help.

[Andsco 89]

32 minutes ago, Hopeful_777 said:

So, I want to marry a Filipino but...

 

Over 20 years ago I had a felony charge of Kidnapping. This was not involving a child, nor was there any physical harm, violence, holding over 24hrs etc. It was a joy ride when I was a teen that I did not let someone out. 

 

Besides that over 15 years ago I had 3 DUI's and the third was a felony.

 

I have not had even a small incident with the law since then but I have had several marriages end in divorce and one where the woman filed false alligations to get a PPO. It was eventually overturned but it was filed.

 

I am doing extremely well now in life with established career with a very good salary approaching 100k and good ties with my church and friends.

 

From what I have read, people with my type of past have tried to get a K1 have been denied because there is a criminal history questionaire and the goverment can simply say "visa denied, hes not good for you." 

 

So I am wondering if obtaining a CR1 is possible if I go get married in the Philippines. Would this be easier or would I face the same problems.

 

Thanks for all your help.

Well, I would assume that the end point is to bring the person into the US right? If so, it doesn't really matter if you marry here or there. I saw people getting married outside the US, filing for CR1 and being denied (which ended either with divorce or having to move to their husband/wife country). Both ways will ask you about all these things and will make it extremely hard to be approved (mainly because of your past and not because of the money you are making at the moment). Anyway, the difference is that, if you go through K1 visa, you will marry in the US and he/she will have to start the AOS here (as well with the EAD and AP if he/she wants to leave the country for any reason for a short amount of time). Now, if you marry over there, he/she will get into the country with a Green Card if I am not mistaken. I know for a fact the K1 takes between 6 to 8 months and the CR1 takes a year or more. Either way, good luck and keep yourself under the law! 

[Crazy Cat 39,680]

Any time a felony charge of kidnapping is concerned, a consultation with an immigration attorney is prudent, imo.

[Hopeful_777 0]

Thanks guys.

 

Yes, I guess what I saw some posts where people said CR1 was entirely different then K1 as NO criminal history was requested. The I-129F has all kinds of criminal questions but the I-130 (spousal CR1) form has none. 

 

Someone even said you could be in prison or on parole and get a CR1.  So I am getting conflicted information.

[Crazy Cat 39,680]

1 minute ago, Hopeful_777 said:

Thanks guys.

 

Yes, I guess what I saw some posts where people said CR1 was entirely different then K1 as NO criminal history was requested. The I-129F has all kinds of criminal questions but the I-130 (spousal CR1) form has none. 

 

Someone even said you could be in prison or on parole and get a CR1.  So I am getting conflicted information.

There is a criminal background check of the petitioner done.

[Crazy Cat 39,680]

"In America, a criminal conviction not only makes it hard to find employment and housing, but it can affect immigration. Not surprisingly, USCIS looks very closely at the types of felony convictions a US citizen has before granting immigration benefits. Why? Because if you have committed a serious offense against a minor, they won’t allow you to bring someone to the US that may become a victim.

Being convicted of other crimes such as assault, theft, drug trafficking shouldn’t affect your ability to petition a family member. As long as you have served your penalty and are not currently wanted by authorities, your case should be straightforward.

USCIS runs a standard background check on both the petitioner (US citizen/LPR) and the beneficiary (foreign spouse). The results of the background check determine your eligibility for a US visa for your spouse."

[Hopeful_777 0]

Does anyone else have any info to help me on this? It will choose some major directions in life. 

 

I just need to know that if I marry a filipino in the Philippines and she has a perfect clear record but I have bad felonies (non child or sex crimes) can she get a CR1?  

 

Thanks again.

[pushbrk 12,245]

On 3/1/2018 at 12:00 PM, Hopeful_777 said:

Thanks guys.

 

Yes, I guess what I saw some posts where people said CR1 was entirely different then K1 as NO criminal history was requested. The I-129F has all kinds of criminal questions but the I-130 (spousal CR1) form has none. 

 

Someone even said you could be in prison or on parole and get a CR1.  So I am getting conflicted information.

You are correct, in that no criminal history is requested are required to be disclosed to the foreigner, in a spouse visa case.  However, IMBRA, which is the law that requires questions and disclosures in a fiancee visa case is not about denying visas.  It's all about informing the foreigner.  

 

You need to determine if the kidnapping charge falls under the Adam Walsh Act.  Get a legal opinion on that.  If it does, you may well need to forget about bringing a foreign spouse to the USA.  Otherwise, you could be on parole for armed robbery and get a spouse visa approved.  Marrying in the Philippines takes a minimum of 10 business days, and then only if you get your single status document from the Consulate the first of those days.  Look into that carefully, as you'll need certified copies of ALL your divorce decrees to get that document AND you'll need to appear personally at the Consular division in Manila or Cebu on a day they are open.

[Hopeful_777 0]

Thank you pushbrk. My situation involved no children, harm, or sex, etc. so I am fairly certain (although I will check) that it is not a Adam Walsh Act crime. 

 

So basically you are saying that if I get confirmation that it is not Adam Walsh then I have no need to worry at all about getting a wife a visa as long as her record is clear? 

 

Oh, one other thing. You mentioed copies of divorce decrees.  I had one very short marriage that was Annulled. Does annulment count? Do I have to declare this even though annulment is as if it never happened? The annulment was in the state of Virginia.

 

Thanks again.

Edited March 11, 2018 by Hopeful_777

[pushbrk 12,245]

18 minutes ago, Hopeful_777 said:

 

 

Oh, one other thing. You mentioed copies of divorce decrees.  I had one very short marriage that was Annulled. Does annulment count? Do I have to declare this even though annulment is as if it never happened? The annulment was in the state of Virginia.

 

Thanks again.

Yes, you mention it and will need the annulment decree, or decree of nullity.  Whatever it's called in VA.

[noraliz73 243]

Do you even have a fiancée?  It sounds like you are asking hypothetically so that you can start looking for a wife in the Phillipines.  I always wonder if people really know what they are getting themselves into by looking for a partner overseas.  If you have someone, I hope you get the visa.  If you haven’t chosen anyone yet, this journey is not an easy one for the American or their partner.  I work in a maximum security prison and I have now got one more reason to give guys for thinking about consequences to their actions.  Not too many people expect to find the love of their life in another country, but if you do, you will be glad if you started making positive choices.  I hope at least one will remember that story and avoid relapse or a parole violation.  Best of luck!

[bakphx1 785]

15 hours ago, noraliz73 said:

Do you even have a fiancée?  It sounds like you are asking hypothetically so that you can start looking for a wife in the Phillipines.  I always wonder if people really know what they are getting themselves into by looking for a partner overseas.  

Good point.  I do notice a disproportionate share of questions and problems arise having to do with visas for the Philippines which so happens to have marriage to Americans as a major industry. 

 

I am also taking a position more and more to not answer questions without a timeline. 

[JFH 12,189]

My husband has a felony on his record and successfully petitioned for me. We didn't even have an RFE. It wasn't a crime that falls under the AWA. 

 

I was questioned about it at the interview (see my review in my timeline) and I took my husband's J&S with me to the interview to demonstrate to the officer that I was aware of every detail of the crime. There was no trial as he pled guilty and waived his right to a jury trial but there was a sentencing hearing abd I took a copy of the transcript. He served time in a state prison. Make sure your fiancé knows every tiny detail of the cases. Dates, locations, sentence, which prison, parole, etc, etc. 

 

We also have members here whose spouses have successfully petitioned for them whilst still in prison.