Help! Proxy marriage and visa for Italian citiZen

[Sd.10 5]

1 minute ago, Ben&Zian said:

Got you now, that timeline of events helps clear up some stuff then...

 

While you can marry, think a lot here will tell you to wait. Let him get state side and settle then pursue this all. Take the time. I assume, as he wa stationed there, he will be dishonorably discharged from the service. That can have a huge impact on future employment opportunities plus having a conviction for a sex assault/crime can only hinder his opportunities more. 

 

Don't just rush into it all because of the distance or anything.

He will get a bad conduct discharge which is not considered a crime and it’s still better than a dishonorable one, and he won’t get registered as a sex offender. Unfortunately I had to make sure of these things before I got to this decision. Plus, I’m in contact with his family and he would already have a job when he gets out. We are kind of in a rush because the fact we’ll have to wait to be together 8-10 months for his confinement is already so hard, and further time would only make it worse. I know you might think I’m crazy but the situation is not as bad as the law makes it seem like. 

[John & Rose 7,237]

1 minute ago, Simona.d10 said:

I get where you come from and I’d be the same if heard this from someone else. This happened before we started dating, but he had the trial almost a year later and it’s kind of more complicated than that. It wasn’t really fully his fault. He got convicted for sex with no consense, something like that. Excuse my not proper English 

If he ends up on the US Sex Offenders List it will impact your petition.  Do you know if that was part of his sentence?  There have been a couple others that are going through this now.  At the very least there will be additional checks done on him.  The petition will end up in Vermont and they are very thorough with their investigation.  It is rare that a registered sex offender will make it through USCIS checks.  It is possible but they take sex offenses very seriously.  

 

Check to see if his name is here:

 

https://www.nsopw.gov/en/search/verification/

[Sd.10 5]

4 minutes ago, John & Rose said:

If he ends up on the US Sex Offenders List it will impact your petition.  Do you know if that was part of his sentence?  There have been a couple others that are going through this now.  At the very least there will be additional checks done on him.  The petition will end up in Vermont and they are very thorough with their investigation.  It is rare that a registered sex offender will make it through USCIS checks.  It is possible but they take sex offenses very seriously.  

 

Check to see if his name is here:

 

https://www.nsopw.gov/en/search/verification/

His name is not in there. I was at this trial date, and they didn’t mention him being registered as a sex offender, he only got confinement and bad conduct discharge 

[Ben&Zian 4,397]

7 minutes ago, Simona.d10 said:

He will get a bad conduct discharge which is not considered a crime and it’s still better than a dishonorable one, and he won’t get registered as a sex offender. Unfortunately I had to make sure of these things before I got to this decision. Plus, I’m in contact with his family and he would already have a job when he gets out. We are kind of in a rush because the fact we’ll have to wait to be together 8-10 months for his confinement is already so hard, and further time would only make it worse. I know you might think I’m crazy but the situation is not as bad as the law makes it seem like. 

 

We all know about waiting and being apart trust us.

 

Bad conduct is definately better than dishonorable but still not good. Obviously having I'm guessing family hook him up with work is a plus, but any future endeavors some employers wouldn't even consider him an option. I know of some places that literally wouldn't accept anything except honorable as they just see baggage, plus then him having to reveal why he got that discharge type just would make it worse. I'm a combat vet myself so I know about the "benefits" and down falls of hiring processes and such.

 

We just say take the time as a precaution. The choice is totally yours and yours alone as to what to do.

Edited October 10, 2018 by Ben&Zian

[Sd.10 5]

1 minute ago, Ben&Zian said:

 

We all know about waiting and being apart trust us.

 

Bad conduct is definately better than dishonorable but still not good. Obviously having I'm guessing family hook him up with work is a plus, but any future endeavors some employers wouldn't even consider him an option. I'be heard some who literally won't accept anything except honorable as they just see baggage, plus then him having to reveal why he got that discharge type just would make it worse. 

 

We just say take the time as a precaution. The choice is totally yours and yours alone as to what to do.

Of course, thank you for your help. I was only asking if it’s possible to make it through these “bumps” and if it’s possible for him to submit forms while at confinement, I’m of course speaking on his behalf too. we really didn’t get that lucky as we thought we would be 

[John & Rose 7,237]

4 minutes ago, Simona.d10 said:

His name is not in there. I was at this trial date, and they didn’t mention him being registered as a sex offender, he only got confinement and bad conduct discharge 

That is good.  I would still expect a long process.  No reason to rush through this.  He can't file until he can establish domicile in the US anyway.  Filing before that can slow or stop the process.

[Russ&Caro 1,548]

Your english is good. No apologies necessary. Sounds like you've done a lot of research.

[Ben&Zian 4,397]

1 minute ago, Simona.d10 said:

Of course, thank you for your help. I was only asking if it’s possible to make it through these “bumps” and if it’s possible for him to submit forms while at confinement, I’m of course speaking on his behalf too. we really didn’t get that lucky as we thought we would be 

 

Well from what you have described to us about the circumstances it sounds do able, obviously some scrutiny and questions will come up; but it isn't a death sentence.

[Sd.10 5]

13 minutes ago, John & Rose said:

That is good.  I would still expect a long process.  No reason to rush through this.  He can't file until he can establish domicile in the US anyway.  Filing before that can slow or stop the process.

Yes maybe I’ll tell him we should better wait till he gets out to submit forms.   do you recommend hiring a lawyer to go through USCIS investigations? I’m assuming there will be a lot. And how much would that be? 

[John & Rose 7,237]

3 minutes ago, Simona.d10 said:

Yes maybe I’ll tell him we should better wait till he gets out to submit forms.   do you recommend hiring a lawyer to go through USCIS investigations? I’m assuming there will be a lot. And how much would that be? 

A lawyer may not be a bad idea but they won't be able to help with the investigation.  Maybe just have a consultation to make sure everything is covered.  Generally lawyers slow things down but in this case it may be worth a conversation.  Odds are the petition will end up in Vermont and that will be slow.  Just relax and be patient.  There is no way to speed that up.

[mtempelaar 190]

There are a lot of posts from people out there that set off alarm bells for various reasons - everything from fraud, to potential for domestic violence, narcissism etc.   This falls into that bucket for me.

 

Your USC soldier fiance was accused and apparently convicted of sexual assault. False accusations are rare.  I hope you know both sides of the assault story because a leopard never changes its spots.   On top of that, prison can change someone  whether civilian or military.   While the wait may seem horrible, it's far better to wait it out and spend more time with him in person after he is released before moving forward with marriage and USCIS.     

 

  

Edited October 10, 2018 by mtempelaar

[little immigrant 800]

2 hours ago, Simona.d10 said:

It wasn’t really fully his fault.

OMG and you believe that? 

[Chocobo 196]

While I want to make several comments in terms of the relationship, you didn't ask for relationship advice, just advice regarding the visa/immigration process... 

 

Honestly, with what he's dealing with in terms of the legal stuff with the military, I would strongly encourage you getting an attorney involved to look over your fiancee's case, how it impacts a future marriage, immigration, etc., and make sure that YOU know what the steps and long lasting repercussions will be for YOU.  You can meet with an attorney while your fiancee is in jail and they can advise you of your next steps.  Do not rush into this.

[Sd.10 5]

7 minutes ago, little immigrant said:

OMG and you believe that? 

I am an adult with a thinking brain, I know which consequences I might face, there hasn’t been one day that I haven’t researched or tried to get to know everything I need to. So why would I stress over something that’s bigger than me if I wasn’t sure about the person I want to spend my life with? ... it’s easy to judge from the outside. If I’m putting myself through this I have a perfect good reason to. 

[Sd.10 5]

6 minutes ago, Chocobo said:

While I want to make several comments in terms of the relationship, you didn't ask for relationship advice, just advice regarding the visa/immigration process... 

 

Honestly, with what he's dealing with in terms of the legal stuff with the military, I would strongly encourage you getting an attorney involved to look over your fiancee's case, how it impacts a future marriage, immigration, etc., and make sure that YOU know what the steps and long lasting repercussions will be for YOU.  You can meet with an attorney while your fiancee is in jail and they can advise you of your next steps.  Do not rush into this.

Thank you for your advice, I think we’ll do that, it might help with this situation. I appreciate the part where you avoided to give me relationship advice, as I said above, I can think and I know what I’m putting myself through I only needed to know if someone went through something similar and could help me out with the process. Thank you again!