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Falcon Cara

Pleading Guilty to ManSlaughter - Petitioner

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12 minutes ago, Falcon Cara said:

So USCIS will approve a K1 petition for a guilty charge for manslaughter, I guess the petitioner needs to do a waiver?

 

 

Where did you get this? I do remember a case like this on here a couple years ago. 

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Posted (edited)

I do believe a spousal petition filed by a death row inmate was approved. Whether the beneficiary got the visa or not is another matter. 

 

If the petition is already approved, why would a waiver be needed? 

Edited by JFH

 

 

 

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32 minutes ago, Cyberfx1024 said:

Where did you get this? I do remember a case like this on here a couple years ago. 

I was asking a question to try to figure something out.

 

The petitioner may of done a CR-1 instead, I understand you don't need to disclose any criminal history with that petition.


ChickBoy

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1 minute ago, JFH said:

I do believe a spousal petition filed by a death row inmate was approved. Whether the beneficiary got the visa or not is another matter. 

 

If the petition is already approved, why would a waiver be needed? 

Spousal petition doesn't require criminal history of petitioner correct?


ChickBoy

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1 minute ago, Falcon Cara said:

Spousal petition doesn't require criminal history of petitioner correct?

Correct. Which is why the person on death row filed a spousal petition. For that reason and the logistics of arranging a wedding within 90 days whilst on the row...

 

But to get back to your question, if the petition has already been approved, why the need for a waiver? 


 

 

 

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1 minute ago, JFH said:

Correct. Which is why the person on death row filed a spousal petition. For that reason and the logistics of arranging a wedding within 90 days whilst on the row...

 

But to get back to your question, if the petition has already been approved, why the need for a waiver? 

They wouldn't if it was approved on a K1.  But for some odd reason they wan't a waiver for multiply filing, I was just wondering if they wanted waiver for killing someone


ChickBoy

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8 minutes ago, Falcon Cara said:

They wouldn't if it was approved on a K1.  But for some odd reason they wan't a waiver for multiply filing, I was just wondering if they wanted waiver for killing someone

Are we talking hypothetically or is this an actual case? 


 

 

 

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Just now, Falcon Cara said:

Actual case, I just don't if the petitioner did K1 or a CR1, I am thinking now maybe a CR-1.

 

 

Likely a CR-1. It would be the most logical path.


 

 

 

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5 hours ago, Falcon Cara said:

So USCIS will approve a K1 petition for a guilty charge for manslaughter, I guess the petitioner needs to do a waiver?

 

 

Whatever you’re planning FC don’t do it.  Y’all get a counsellor or something.

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10 hours ago, Falcon Cara said:

Spousal petition doesn't require criminal history of petitioner correct?

Correct, not on the form.  Expect it will come up at the in interview.  I had some old ex-wife caused BS (not manslaughter ;) ) come up at Mary's interview but she was all prepared.

 


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DHS can check the applicant's information without the person stating it on an application

 

According to Homeland Security Site

there can be a name check for criminal records which i think would be an instant as soon as the USC lists his current or former address as a prison.

 

they check for certain immigration applications (but at their discretion can do at any time) according to the following :

 

https://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_uscis_ibbcs.pdf

 

3. FBI Name Check The FBI Name Check is conducted on applicants over the age of 14. The FBI Name Check is a name-based search of the FBI’s Central Records System (CRS) and Universal Index (UNI).6 The CRS encompasses the centralized records of FBI Headquarters, FBI field offices, and Legal Attaché offices. The CRS contains FBI investigative, administrative, criminal, personnel, and other files compiled for law enforcement and national security purposes. The UNI consists of administrative, applicant, criminal, personnel, and other law enforcement files. USCIS sends applicant information (name, date of birth (DOB), country of birth, race, and gender) to the FBI in order to conduct the name check. The secure data exchange between USCIS and the FBI for the purpose of FBI Name Check occurs via zipped and encrypted email. 

 

Also not sure how USC would satisfy the income requirements unless formerly convicted and out of prison for the last 3 years earning a decent income

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