Cr1/k3 visa

[Lila1990 0]

Hi everyone,

I’m a foreign spouse married to a U.S. citizen. We already filed the I-130 and are now planning to apply for the K-3 visa while waiting for the CR1 process.

 

My husband, the petitioner, has a criminal record from over 30 years ago. It was a sexual offense he committed as a young boy . He served about 2 years in prison and has never reoffended since. He completely changed his life, has been working steadily, and is a responsible person.

 

I’m really worried this record might affect our visa process — whether CR1 or K-3. We want to be honest, but I’m scared it could cause denial or long delays.

 

Has anyone had a similar experience where the U.S. petitioner had an old criminal record, especially involving a sex offense? Were you still approved? What kind of evidence or documents helped?

 

I would be so grateful for any advice or support. Thank you!

[Crazy Cat 44,086]

There will be no K-3.  Those are obsolete.  This sounds like a case for an attorney.  Have you consulted any?

[appleblossom 4,131]

21 minutes ago, Lila1990 said:

We want to be honest, but I’m scared it could cause denial or long delays.

 

It's not a case of whether you want to be honest or not - there is no option not to be. Anything else is risking a potential ban from the US for life, and it's not as though they won't find out anyway as you'll have to provide police checks, court docs, and they'll do full background checks. 

 

I agree with @Crazy Cat, this sounds like an attorney is needed. Has he ever visited the US and if so, did he need a waiver for his B visa?

Edited June 11 by appleblossom

[Crazy Cat 44,086]

3 minutes ago, appleblossom said:

Has he ever visited the US

The person with the record is the petitioner.

Edited June 11 by Crazy Cat

[appleblossom 4,131]

Just now, Crazy Cat said:

The person with the record is the US citizen.

 

Oh apologies! I completely misread. In which case, disregard what I said OP. But I'd still check with an attorney just in case this is an issue, it will depend on the nature of the offence but I assume it doesn't come under the Adam Walsh act?

[Lila1990 0]

2 minutes ago, appleblossom said:

 

It's not a case of whether you want to be honest or not - there is no option not to be. Anything else is risking a potential ban from the US for life, and it's not as though they won't find out anyway as you'll have to provide police checks, court docs, and they'll do full background checks. 

 

I agree with @Crazy Cat, this sounds like an attorney is needed. Has he ever visited the US and if so, did he need a waiver for his B visa?

Im the benefiary And my husband is the petitioner he is american 

[Ban Hammer 14,182]

30 minutes ago, Lila1990 said:

It was a sexual offense he committed as a young boy . He served about 2 years in prison and has never reoffended since. 

 

1.  what was his age at the time of this?
2.  what was the age of the victim?

[Lila1990 0]

46 minutes ago, Crazy Cat said:

There will be no K-3.  Those are obsolete.  This sounds like a case for an attorney.  Have you consulted any?

Yes, we did consult an immigration attorney. The response was fairly positive, and they accepted to to take our case, which is encouraging. I’m just looking to hear from others who went through something similar because I’m honestly very anxious and need some reassurance.

[Boiler 47,212]

Did they mention Adam Walsh?

[Lila1990 0]

8 minutes ago, Boiler said:

Did they mention Adam Walsh?

I just talked to my husband and according to his lawyer, it  does not fall under the provisions of the Adam Walsh Ac cuz they were both 16 yrs old

[Ban Hammer 14,182]

56 minutes ago, Lila1990 said:

I just talked to my husband and according to his lawyer, it  does not fall under the provisions of the Adam Walsh Ac cuz they were both 16 yrs old

was this a consensual act between the two?  and when was he sentenced to 2 years in prison as it is quite unusual for a minor to spend 2 years in prison....

[Ryan H 3,868]

Moved from Progress Reports to Process & Procedures.

[top_secret 2,694]

Wether it will be a problem or not on the I-130 is an open question. Disclosure isn't required anywhere on the I-130 but USCIS definitely still sees all. But filing for the K3 is completely useless and the (unnecessary) I-129F would require going out of his way to drag up, disclose and document everything.  So the whole K3 idea is a really bad idea.

[pushbrk 13,558]

19 hours ago, top_secret said:

Wether it will be a problem or not on the I-130 is an open question. Disclosure isn't required anywhere on the I-130 but USCIS definitely still sees all. But filing for the K3 is completely useless and the (unnecessary) I-129F would require going out of his way to drag up, disclose and document everything.  So the whole K3 idea is a really bad idea.

Agreed.  As mentioned already, if the crime falls under the Adam Walsh Act, big problem.  If not, probably not an issue.  Do not file the I-129f for spouse.

[S2N 199]

While I get wanting to ask for reassurance online, if you have a competent attorney who has experience with this topic do what they say exactly and don’t differ from it.
 

Yes, we get a lot of people who have incompetent attorneys here, but if you have a good one who has experience with Adam Walsh and can thus tell you whether this falls under it based on the specifics of your situation, which when you share with them is legally privileged, unlike here, trust them. They are also licensed to provide you professional judgment you can rely upon in other legal proceedings and sue them if it is negligent.

 

I can’t understate this: you should really, really, really trust your attorney. If you don’t, ask why, and if there’s a reason why not, find a new attorney you do trust and follow their advice 100%

Edited June 14 by S2N