Marriage Based Green Card

[Jon Jones 0]

I am marrying a US citizen and I am a Canadian citizen. My worry is I had gotten a public intoxication and trespassing ticket in 2021 (I accidentally walked in to the wrong house and fell asleep - very embarrassing) there were no aggravating factors the cops took me to the drunk tank and I woke up the next day and went home. In Canada these are considered provincial offences and are not criminal in nature, they are just administrative and carry no jail time - just need to pay a ticket. When I do a background check there is no record or anything, and it shows up clear as this is not a criminal record at all. Will I be able to get my marriage based green card still? 

[Crazy Cat 39,227]

The only real issue I see is during the medical exam.  2021 is very recent history.  Alcohol/drug dependence will, likely, be discussed.

Edited March 6, 2023 by Crazy Cat

[Jon Jones 0]

5 minutes ago, Crazy Cat said:

The only real issue I see is during the medical exam.  2021 is very recent history.  Alcohol/drug dependence will, likely, be discussed.

So asides from a medical exam perspective this wont be a security issue? Also, is there anything I can do from a medical perspective to prevent it from being an issue? 

[Crazy Cat 39,227]

Just now, Jon Jones said:

So asides from a medical exam perspective this wont be a security issue? Also, is there anything I can do from a medical perspective to prevent it from being an issue? 

 Just be honest and answer all questions.  USCIS and the consulate will run background checks.

[Jon Jones 0]

1 minute ago, Crazy Cat said:

 Just be honest and answer all questions.  USCIS and the consulate will run background checks.

Yes for sure that is the plan, however, because the way this sort of offence works in Canada its not something anyone outside of local Canadian police have visibility into. It doesnt show up on a police record check or anything. But agreed its better to be honest for a minor issue then lie and get barred for lying for something that wouldn’t necessarily be an issue.

[Crazy Cat 39,227]

You might be surprised at what USCIS and the consulate can see.  Good luck.  Stay busy and try not to worry. 

[powerpuff 5,900]

~~ Topic moved from K1 forum to CR1/IR1 forum as this is spousal visa case ~~ 

[Beth & Achraf 328]

8 hours ago, Jon Jones said:

I am marrying a US citizen and I am a Canadian citizen. My worry is I had gotten a public intoxication and trespassing ticket in 2021 (I accidentally walked in to the wrong house and fell asleep - very embarrassing) there were no aggravating factors the cops took me to the drunk tank and I woke up the next day and went home. In Canada these are considered provincial offences and are not criminal in nature, they are just administrative and carry no jail time - just need to pay a ticket. When I do a background check there is no record or anything, and it shows up clear as this is not a criminal record at all. Will I be able to get my marriage based green card still? 

Don't people lock their doors anymore?

 

[pushbrk 12,110]

8 hours ago, Crazy Cat said:

You might be surprised at what USCIS and the consulate can see.  Good luck.  Stay busy and try not to worry. 

Absolutely.  Whether they can see it in advance, is one question.  BUT, any assurance you have received that it will not show up on an employer's background check etc. does not apply to the actual RCMP police report you will be required to obtain and submit.  Just having such an incident, in and of itself, is not grounds for denying the visa.  BUT, the fact that you were intoxicated enough to enter the wrong house, is an indicator there may be issues during the medical exam.

Even "expunged" records are disclosed on the Police Report you'll need.  If you were "arrested" you'll be answering yes to the questions about "arrest".  Interpret the questions literally.  Lying is much worse than YOUR truth here.

Edited March 6, 2023 by pushbrk

[Calicolom 265]

12 hours ago, Jon Jones said:

Yes for sure that is the plan, however, because the way this sort of offence works in Canada its not something anyone outside of local Canadian police have visibility into. It doesnt show up on a police record check or anything. But agreed its better to be honest for a minor issue then lie and get barred for lying for something that wouldn’t necessarily be an issue.

I guarantee you, if you apply for a firearms permit, spitting on the sidewalk will show up. So when it comes to immigration, you record will all of a suton show up. 

[Jon Jones 0]

13 hours ago, pushbrk said:

Absolutely.  Whether they can see it in advance, is one question.  BUT, any assurance you have received that it will not show up on an employer's background check etc. does not apply to the actual RCMP police report you will be required to obtain and submit.  Just having such an incident, in and of itself, is not grounds for denying the visa.  BUT, the fact that you were intoxicated enough to enter the wrong house, is an indicator there may be issues during the medical exam.

Even "expunged" records are disclosed on the Police Report you'll need.  If you were "arrested" you'll be answering yes to the questions about "arrest".  Interpret the questions literally.  Lying is much worse than YOUR truth here.

Thank you! I wont be lying thats definitely not the plan. However, my rcmp police report does come back completely clean. Do you think I have chances of approval here? 

[pushbrk 12,110]

10 hours ago, Jon Jones said:

Thank you! I wont be lying thats definitely not the plan. However, my rcmp police report does come back completely clean. Do you think I have chances of approval here? 

Chances?  Of course.  Only you know the details of any alcohol abuse issues.

[Jon Jones 0]

19 hours ago, pushbrk said:

Chances?  Of course.  Only you know the details of any alcohol abuse issues.

Right okay. I dont have any sort of issues of that nature other then this one incident (which i know is pretty major). I also dont really drink anymore. 

[pushbrk 12,110]

3 hours ago, Jon Jones said:

Right okay. I dont have any sort of issues of that nature other then this one incident (which i know is pretty major). I also dont really drink anymore. 

Then just relax and tell the truth.  Doesn't sound to me like you'll have a problem.