Redro

I truly don’t think @plenty_of_salt and her spouse will have issues. Just giving the possible consequences if the incident is a CIMT. But, I truly believe delaying filing a petition because of something that might be an issue is no way to live..l would file the petition asap. Get an opinion from an immi attorney who looks over the records and then decide next steps! Then MOVE TO 🇺🇸

Doing some google sleuthing... and it appears the question on ESTA around 2013 was: B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities? * Then checking a legal website about whether or not a crime is CIMT or not I read: Travelling on a railway without paying a fare If you have received a FPN then this is NOT a CIMT. If you have been prosecuted in court then this would be dealt with as fraud and IS a CIMT. So, depending on how old OP's husband was in 2009, if he received FPN or was prosecuted in court, and which version of ESTA he completed- this incident could be inconsequential to their immigration journey or add a year... But as the crime would have occurred more than 15 years ago once the interview is conducted the waiver will probably be simple.

We don’t know when he entered the US on VWP though, do we? and how many times…

Read this case @Motip05 The petitioner asked for them to reinstate the k1 and was assured it was reinstated…

I didn’t ask the age of your husband when he committed this crime. was he over 18 or under 18? If under 18 disregard everything I’m about to say- the crimes don’t count if the beneficiary was under 18. If he was over 18- … traveling on ESTA might be an issue if he answered no to the question: Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority? Some lawyers will say fare evasion isn’t a serious offense (and doesn’t need to be disclosed on ESTA) and others will say it is (and your husband should have applied for a B1/B2). I know people have successfully traveled on ESTA and not had issues after one DUI so mileage does vary… Definitely consult with an immigration lawyer to go over the crime, the ESTA entry and the possible need for a waiver. As I said before, if a waiver is required you will only have to submit it after the interview- 18-24 months from now. Most well written waivers are approved.

You cannot withdraw a withdrawal. You will need to file a new I130. Even if the first I130 is approved do not act on it. A few years back, a member entered on a withdrawn petition and this error was only caught at N400 stage. They had to return to their home country as they had no actual status in the US. Perhaps someone can find it- I’m having no luck right now.

Marriage date

Has your partner ever visited the US on ESTA? Or will his first time going to the US be via his immigrant visa? You can start the process now, criminal record will only be an issue in about a year after the I130 is approved… I would consult with a US immigration lawyer to look over the charges after you obtain all the records from the arrest (these records will more than likely be needed after I130 is approved). If your husband is refused you should be given the opportunity to file a waiver. First things first. file the petition.

This is why I mentioned maybe having a letter from a doctor talking about the child needing their mother (because they are not yet 2 months old). Letter explaining the situation: child is not yet 2 months old, one could not submit an I130 for a child who is not yet born etc etc long wait for interview from embassy means the child will be 2-3 years old before they will be able to move to the US… I’m not sure how long the time between submitting the I130 to interview for your wife was but I would include her timeline to explain why your child’s I130 should be expedited.

I would submit evidence relating to child needing to be in the care of his mother. maybe a doctors note attesting to the fact? Also, a letter explaining the situation. Along with birth certificate.

You and your family are in my thoughts. good luck!

So, what is your plan for your wife if your baby’s I130 is not expedited? your wife’s visa will expire 6 months after her medical and she needs to enter the U.S. Do you have someone to look after your child while you are both in the US?

Your wife was approved for her immigrant visa? Or your child’s DCF/ I130 was approved?

@fluffy_bunny also be aware that deciding to adjust status from a tourist visa could impact your family members back in your home country and they might not be allowed to obtain tourist visas as a result of this decision to adjust status. Something to consider if you want your parents or siblings to be able to travel to the US to support you for any reason. I’ve seen this situation occur more frequently over the last year. If they already have tourist visas and have traveled to the U.S. frequently it shouldn’t be an issue. Aside from that- get married, file for adjustment and as you will more than likely file after April 1st you will have to pay additional fees for work and travel. Good luck! I wish you a speedy approval.

It will be about 1 year maybe more until your children receive their visas. USCIS/ NVC will say you could have delayed your mother’s case/ interview if you had no one to look after them. Mom can come to the US to activate her visa then she can return to look after your children. She will have to return to the US before she is out do the country for 6 months. Or she can file I131 to allow her to stay outside the US for up to 2 years. Many people have the same issue as you… unfortunately USCIS does not care that your children are minors. They have to wait for their petition to be processed just like everyone else.

Only after I130 is approved will you have to submit I864. Don’t worry as long as you submitted I130 and I130a you’ll be okay. ( we went through Seoul)

Are you going through a consulate or are you both in the US?

@Jessica A Another UK/US couple who lived together all the way up to interview:

Has the name change occurred already (with the corrected birth certificate) or will it occur in the future? If it occurs in the future, you only need to inform them during the next step (DS260). Currently, just write all names used as of the day you submit the I-130. USCIS is probably not going to link the CRBA application with the I-130 petition just yet. Although, I am assuming the information about your wife's birth parents is different for the CRBA application vs the I-130 application. Am I understanding the situation correctly?

The consulate is the UK correct? Apologies, I totally skipped over the assets section in your first post. We used assets for our I864 so I know it can be done. Good luck!

Husband will have to file at least the last 3 years of taxes (for immigration). BUT, He should also file streamlined and that will resolve his compliancy issues with the us govenrment- google streamlined tax filings. He should also research FATCA and FBARS. He can do that now while you wait for the I-130 to be approved- as this first step will take around a year and he does not have to move back to the US while the I-130 is pending. This question comes up alot- especially from the UK. Here is a recent thread asking a similar question: @Crazy Cat and other mods... we should probably choose a good post or compile some posts for the oft asked "I live overseas, do I have to move back to the US before I file the I-130 petition?"

I would send 2- 3 versions of I864. First: new job with details of income that is about to start. Second: new job and asset information third: joint sponsor I864 there is no point in submitting an I864 where you don’t qualify if you’re not also submitting a joint sponsor. Only submit documentation that shows you are qualified. Which consulate are you going through?

Good luck! Please tell us how it works out. When I was searching for other threads on VJ people asked the question but never gave us a follow up.

Some consulates request the most recent tax returns when the interview is after April 15- even when the case has been DQ’ed before April 15. I won’t say why some request it and others don’t… but if they want to delay the case that’s one of their tactics. You can probably submit a request for extension in the event they request your 2023 taxes.

I remember a few months back a user was having issues filing an amended return. They wanted to get the refund they believed was owed to them but the IRS wasn't having it. They also owed taxes so that complicated the issue. @bck86 has the interview been scheduled or are you still waiting for the interview date? Some consulates can be tricky and request to see 2023 taxes at interview when the interview happens after April 15. So, I would do option 2 you suggested in your post. Go to Thailand and file MFJ there. This way you will have proof you filed taxes in case the consulate requests it.