K1 Petition with murder/attempted murder petitioner past

[Breton1144 0]

I have been trying to figure out if K1 or CR1 is the better route to take. K1 would be the preferred route. But I have read a lot about automatic denial crimes.  My fiance (the intended petitioner) was in a street gang in his youth, as a youth he was convicted of murder and in his early 20s he was convicted of attempted murder.  He served 25 years.  He has restarted his life and been living a regular life for a few years.

 

I am aware of his crimes  and history so there would be no surprises for me.

 

Are these crimes reason for automatic denial?  Should we just get married and do a spousal petition instead or are there known successes for K1 visas with these circumstances?

 

We had also thought to go to an immigration lawyer but I wanted to check here first.

 

Thank you!

[aratamorne 164]

Conviction for Murder counts as a crime of Moral Turpitude.  Inadmissible to the US.  I don't even know if a waiver would be remotely possible, those of greater knowledge will probably chime in.  I would begin considering moving to their country if you truly wish to have a life together.

 

https://www.nolo.com/legal-encyclopedia/what-s-crime-moral-turpitude-according-us-immigration-law.html

[designguy 1,179]

With a murder conviction plus attempted murder, the chance of him immigrating is basically 0

 

Misread that the petitioner is the one with the conviction. Its going to be a tough case. Maybe need a lawyer?

Edited January 17, 2020 by designguy

[Duke & Marie 1,389]

14 minutes ago, aratamorne said:

Conviction for Murder counts as a crime of Moral Turpitude.  Inadmissible to the US.  I don't even know if a waiver would be remotely possible, those of greater knowledge will probably chime in.  I would begin considering moving to their country if you truly wish to have a life together.

 

https://www.nolo.com/legal-encyclopedia/what-s-crime-moral-turpitude-according-us-immigration-law.html

My understanding is that the petitioner was convicted, not the beneficiary... 

 

Not sure about k1 but CR1 don’t ask about the petitioner criminal background, but I’m sure if USCIS became aware of it, they will likely have concerns about your welfare and rightly so

 

they will ask about his employment history.. not sure how you’d answer that if he was locked up, not exactly unemployed 🤔

Edited January 17, 2020 by Duke & Marie

[Duke & Marie 1,389]

2 minutes ago, designguy said:

With a murder conviction plus attempted murder, the chance of him immigrating is basically 0

Wrong, he’s the usc.. petitioner she’s the beneficiary 

[aratamorne 164]

Correct. I missed that he is the petitioner.......... um, no idea then, besides good luck.

[GP1977 288]

Since this is the petitioner that has the crime it shouldn’t be an issue.  As long as it didn’t involve a child that was killed or has other elements of adam Walsh act the petitioner shouldn’t have an issue. Of course it will be brought up at the interview but he’s Free and clear to petition, as he has paid his debt to society 

[GP1977 288]

gojng to need to disclose everything with all court records, arrest records and will prob want to get a general waiver and show evidence of rehabilitation. So I would still consult with an experienced immigration attorney. Check out hacking law 

[HRQX 4,145]

1 hour ago, Breton1144 said:

Are these crimes reason for automatic denial?

His crimes won't affect the petition since they aren't AWA-type crimes.

1 hour ago, Breton1144 said:

Should we just get married and do a spousal petition

In general, CR-1 is recommended. Comparison by missileman:

On 12/20/2018 at 2:13 PM, missileman said:

K-1

More expensive than CR-1    
Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
Spouse can not work until she/he receives EAD (approx 5-6 months)    
Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
Spouse will not receive Green Card for many months after Adjustment of Status is filed.

The beneficiary's children can obtain a K-2 visa (and AOS based on that) up to age 21.

 

CR-1    
Less expensive than K-1    
No Adjustment of Status  (I-485, I-131, I-765) required.    
Spouse can immediately travel outside the US    
Spouse is authorized to work immediately upon arrival.    
Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
Spouse has legal permanent Resident status IMMEDIATELY upon entry to US. 

 If a beneficiary's child is 18-20 years old, doing the CR-1 process would mean separation as only the biological parent (or adopted in limited cases) can petition for the child...after entering on the CR-1 or IR-1 visa.

 

My Final Analysis:  If you can marry your fiance in his/her country or outside the US and no minors are immigrating, CR-1 is a much, much better option....imo

 

40 minutes ago, GP1977 said:

As long as it didn’t involve a child that was killed or has other elements of adam Walsh act the petitioner shouldn’t have an issue.

Murder of a minor isn't on the AWA-crime list; 34 U.S. Code § 20911(7):

Quote

The term “specified offense against a minor” means an offense against a minor that involves any of the following:

• An offense (unless committed by a parent or guardian) involving kidnapping.
• An offense (unless committed by a parent or guardian) involving false imprisonment.
• Solicitation to engage in sexual conduct.
• Use in a sexual performance.
• Solicitation to practice prostitution.
• Video voyeurism as described in section 1801 of title 18.
• Possession, production, or distribution of child pornography.
• Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct.
• Any conduct that by its nature is a sex offense against a minor.

Also see INA § 204(a)(1)(A)(viii)

Edited January 17, 2020 by HRQX

[geowrian 22,336]

His criminal history won't be an issue for the petition. It very likely will be brought up at the interview.

I have seen a few cases where the visa was issued with that kind of criminal history with the petitioner. But yeah, the beneficiary got quite grilled about it at the interview to make sure they knew the details of what happened and what they are getting into.

[carmel34 3,533]

13 hours ago, Breton1144 said:

I have been trying to figure out if K1 or CR1 is the better route to take.

CR-1 may be your only option in this case.  Good luck!

[Orangesapples 1,954]

13 hours ago, HRQX said:

His crimes won't affect the petition since they aren't AWA-type crimes.

In general, CR-1 is recommended. Comparison by missileman:

 

Murder of a minor isn't on the AWA-crime list; 34 U.S. Code § 20911(7):

Also see INA § 204(a)(1)(A)

That's crazy, murder is the worst crime imaginable, I can't believe murderers are allowed to petition immigrants when sex criminals (rightfully so) are not. 

 

OP, I would think twice before involving myself with someone capable of taking a life. 

[Breton1144 0]

Thank you everyone for your comments and guidance.  I appreciate your help!

[Going through 5,668]

Recommend the CR-1, not because of your situation per se, just the overall better choice by comparison.  Best of luck to you.

[kris&me 572]

Since the person is in Canada ,  the following applies

 

Any American that has a felony conviction on their criminal record may not be permitted entry into Canada unless they have received special permission from the Canadian Government.

 

so,  traveling there to marry would be a little difficult