CR1 8 months now lawyer says...

[USA_SKorea_Love 1]

Hello all! 

My husband and me got married in April 2019 and submitted 130 in May with priority date of May 11. Anyway, we were told it would take some time to hear something for our next steps (Nebraska). We said ok. On Friday, my husband's lawyer called him to give an update. he tells my husband we should have heard by now latest January but he has a concern. Now after 8 months of filing he tells my husband that he's worried because we have only seen each other twice, the first time I went to his country and the 2nd visit was to get married (which I went with my family). He then continues to say, because my husband applied for a turist visa in 2004 and got denied we will have issues and because he also has a criminal record of some fines from around 15 years ago.  

These are things I knew and the lawyer knew before submitting anything and now he tells us this? 

Is this possible? Could my husband's past for 15 years ago be a problem? Or us just seeing eachother 2 times including or wedding? Please some advise so we can just think of other options, like me relocating versus waiting years for a no. Thanks in advance.  

[pushbrk 13,803]

I don't see a problem with the first items.  What was he fined for?  Depending on the details, that could be an issue.

[LilyJ 1,258]

You filed in May and your lawyer thinks you should have heard by now, in Nebraska? That's only about 7 and a half months. Nebraska right now is taking around 12 months to approved I130 petitions. So I'm not sure why your lawyer thinks you should have heard by now because you've still got some months to go.

[USA_SKorea_Love 1]

12 hours ago, pushbrk said:

I don't see a problem with the first items.  What was he fined for?  Depending on the details, that could be an issue.

He was fined 2 times for selling imitation watches. 

[USA_SKorea_Love 1]

10 hours ago, LilyJ said:

You filed in May and your lawyer thinks you should have heard by now, in Nebraska? That's only about 7 and a half months. Nebraska right now is taking around 12 months to approved I130 petitions. So I'm not sure why your lawyer thinks you should have heard by now because you've still got some months to go.

That's what I told my husband.  I've been watching the timeline here and by calculating it should be around May or June so honestly I don't know why he would've said this randomly.  Maybe h wants more money and he's scaring us? 

[LilyJ 1,258]

1 hour ago, USA_SKorea_Love said:

That's what I told my husband.  I've been watching the timeline here and by calculating it should be around May or June so honestly I don't know why he would've said this randomly.  Maybe h wants more money and he's scaring us? 

It seems strange to me. But a lot of lawyers have outdated information on timelines, seems weird he would bring it up out of nowhere though

[NikLR 13,234]

I would be more concerned about that criminal history. 

[Boiler 47,986]

The crimes could well require a waiver.

[Rob Beri 68]

10 hours ago, USA_SKorea_Love said:

He was fined 2 times for selling imitation watches. 

Is your husband the petitioner? What were the actual charges? What was the outcome of charges/ arrest? 

6 hours ago, NikLR said:

I would be more concerned about that criminal history. 

I would not be as concerned if it is the petitioner who got arrested. Unless, he/ she was arrested for crimes that fall under AWA, which does not seem to be the case here. 

2 hours ago, Boiler said:

The crimes could well require a waiver.

Why is that? What waiver? 

[USA_SKorea_Love 1]

6 hours ago, NikLR said:

I would be more concerned about that criminal history. 

I am. But we asked about this before submitting the application and the lawyer said it shouldn't be a problem until now. 

[USA_SKorea_Love 1]

9 minutes ago, Rob Beri said:

Is your husband the petitioner? What were the actual charges? What was the outcome of charges/ arrest? 

I would not be as concerned if it is the petitioner who got arrested. Unless, he/ she was arrested for crimes that fall under AWA, which does not seem to be the case here. 

Why is that? What waiver? 

I'm the petitioner and the U.S. citizen  

He was just fined paid around $300 for each one. No prison time and wasn't arrested either but did do community service for the second offense because it was the same thing. 

I asked the lawyer over a year ago about it being under fraud in AWA because that's what I understood but he said no and that the years would allow for a waiver but now he's changing what he said back then. 

[Rob Beri 68]

1 minute ago, USA_SKorea_Love said:

I'm the petitioner and the U.S. citizen  

He was just fined paid around $300 for each one. No prison time and wasn't arrested either but did do community service for the second offense because it was the same thing. 

I asked the lawyer over a year ago about it being under fraud in AWA because that's what I understood but he said no and that the years would allow for a waiver but now he's changing what he said back then. 

If that is the case, without wanting to deliver negative news, I would be a little concerned about it. The only piece of advise is it to be truly honest about everything on your petition. Perhaps, someone more experienced with AWA can provide more advise. Best of luck. 

[pushbrk 13,803]

10 hours ago, USA_SKorea_Love said:

That's what I told my husband.  I've been watching the timeline here and by calculating it should be around May or June so honestly I don't know why he would've said this randomly.  Maybe h wants more money and he's scaring us? 

That's what it sounds like to me.

[Boiler 47,986]

What has AWA got to do with this?

 

So far I think all I have seen is the two thefts which could well be a CIMT.

[NikLR 13,234]

Awa is adam walsh act which is only sex crimes against minor. Does not apply to this situation at all. 

 

CIMT would be this issue like boiler mentioned.