VanessaTony

VWP has never said no arrests, qualified.

I think the wording was something like "have you ever been arrested and/or convicted" but perhaps if that sentence ended with "with a CIMT" then I've got nothing to worry about!

According to Nolo Legal Materials they list CIMT (Crime of Moral Turpitude) as the following:

• murder
• voluntary manslaughter
• involuntary manslaughter, in some cases
• rape
• spousal abuse
• child abuse
• incest
• kidnapping
• robbery
• aggravated assault
• mayhem
• animal fighting
• theft
• fraud, and
• conspiracy, attempt, or acting as an accessory to a crime if that crime involved moral turpitude.

Possession of a BB Gun does not appear to fall under any of these categories. I'm really curious about that charge because usually you only see it if a BB Gun is brought into a firearms restricted area or brandished in public and is mistaken for a real firearm. Does Australia have that restrictive firearms or simulation firearms laws?

Anyway, try the ESTA and then go for plan B if that doesn't work.

Yeah they do. It's a category H firearm: https://en.wikipedia.org/wiki/Gun_laws_in_Australia#Firearms_categories Long and short of the incident is: an acquaintance was arrested for theft/burglary and when asked about the property he stole, he told police it was at a bunch of people's houses so they carried out searches on those houses, one of which was my brother/parents house. My brother had my dads air rifle in his room (unloaded, no ammo/pellets) and that was sufficient for a gun possession charge, but because it was so minor that's why it was only a (larger than normal) fine.

Thanks everyone! I recognise a lot of your names too

I was thinking ESTA (and I just looked again and it looks like the application site has changed from when I last looked at it) but last time I looked one of the questions was "have you ever been arrested" which is where our concern arose from.

You know, I think you're all right... worst we stand to lose from applying for ESTA is him being denied (plus the fee) and he'd just have to apply for a visa. Good call. Okay that's the first plan of action when we get his passport application finalized (it's been a bit of a process!).

It isn't a CIMT thankfully and could have been much worse (he was not spending time with the best people which has since, understandably, changed somewhat!)

Yeah I figured letters were still kinda junk (they were back in the day) but at the very least it would have all of our contact information on it in case they needed more information/verification. Also, to be completely honest, because the nature of my sisters job (quite high up in the legal field) and my brother-in-law's title/profession/security clearance didn't think it would hurt to show they're not the kind of people to go around breaking laws.

Will tell them to get all the police record/report stuff together just in case as well and get the "packet" together.

Thanks again

Morning all!

It's been a while since I've been on this forum so I'm not sure if things have changed much since I've been on these boards so thought I'd post here for advice. I don't have a positive feeling about this situation so I'm mostly hoping you guys can help me feel less worried!!

I live in Iowa (naturalised USC) with my husband. My sister and her family are visiting at Christmas this year for 2 weeks (just a little bit less actually as they're going to Canada for a wedding in the new year). Absolutely no problem with any of them coming (immigration wise, they've got the VWP sorted). However, my brother is going to come as well, or would like to, HE is the concern.

We believe that we need to apply for a visitor visa because we did a police check and he has a "gun charge" on his record from about 4 years ago (possession of a BB gun, we can get the criminal report if you think that's a good idea). He didn't have to serve any jail time or anything, it was just a fine. The arrest though tends to preclude him from using the VWP (I would expect, unless you can think of a reason it wouldn't). I don't believe the situation itself precludes him from visiting though.

The problem with applying for the visitor visa becomes "ties". He is presently unemployed. He is living with a friend (we could probably get a rental agreement). He has no wife/girlfriend/significant other or child/ren. His flights are going to be paid for by my sister as a Christmas/birthday present, and while here my husband and I will support him together with my sister and her family. My mother isn't in the best health but he doesn't care for her and she's not coming (we could possibly get a letter about her health). We have another sister with a child and neither are coming (nor would she write something for him). Our father passed away 4 years ago and we have no surviving grandparents.

We can only put the best foot forward that we can so our plan is:

1. Letter of invitation/responsibility from myself (I work in the legal profession and of course the fact I legally immigrated) and my husband (Veteran Marine). We are expecting a baby boy at the beginning of December which is the other reason for the visit so I'll include ultrasound pics and documents showing expected due date.

2. Letter of responsibility from my sister and her husband (both in highly respected positions, my sisters even more so)

3. Rental agreement?

4. Criminal record explanation

5. Health documents re mother (not sure if this is possible but we can try)

6. Itinerary of anticipated flight (to show only staying a short period)

7. Proof of families flights

I really don't like our chances honestly. I'm hoping his interviewer takes pity on him or sees the situation for what it is, he TRULY has no plans to stay here. If he's denied at least we tried and keep his options open for a time he gets more ties but it still sucks

Can anyone see something I can't or have some advice for something they think might be beneficial? Do you think they'd allow my sister or her husband attend the interview with him (not necessarily actually interview but be there?). Would they call me do you think? That would be okay too of course.

Thanks in advance for any assistance you can give us!

Thanks again. I'll tell them to talk to lawyers and find one they like and start saving up!

I'm pretty sure he didn't declare them, but I'll double check.

Do you think the circumstances of the crimes will matter? Or is just the fact they're labeled as they are? I did read because they're older than 15 years he might have a chance. Opinions on that?

Am I right in thinking he'll need to go back to the UK and file for an I-601 waiver? And probably also a I-212 seeing his 180 days expired the day USCIS received it (according to tracking - no NOA yet so not sure if they considered it received that day).

That's what I thought as well :S

Let's pretend he didn't lie on ESTA, do you think the criminal stuff is bad enough for a denial as well?

Hi btw! long time no see! Hope you're well

I'm posting this for a friend. Thank you in advance for any advice!

----

Husband is UK cit. Wife is USC.

Husband entered US on VWP in June. Long story short, circumstances meant he stayed, they married and filed an I-130/I-485 combo just recently.

Husband has a criminal record. I don't know enough about UK stuff to know if they would be a big deal and they're really concerned so I said I would ask.

ACPO report (no court records as yet - they wanted to file ASAP and filed without them, they know to expect and RFE/RFIE) has 9 listings.

- 2 entries for theft and 6 for obtaining property by deception in 1997 (listed under the same date but each entry has another date after it, so I think date of conviction the same, date of offense is different). Disposal 14 weeks imprisonment (he only served 7 weeks)

- 1 entry for harassment in 2006. Fine of 500 plus cost.

What do you think? Denial and needing to file for hardship from the UK?

Also, I didn't mention this to them but I believe he did NOT mention these when filing for ESTA. So I don't know if that's going to be a problem as well.

Thanks again!

My fiancee and I receieved our 3rd Packet today! This is fabulous news, of course, and we're bloody stoked. The only problem is that I had a timeline that stretched a five month wait to receive our FIRST packet, so everything is happening a LOT faster than I'd planned. THIS means I still owe the bank a bit of money thanks to a car lease I had to pay out. My question to you guys:

What are your thoughts about heading overseas with Aussie debt? Do you think it's manageable? Has anyone here done it?

I tried it. I maintained an Aussie bank account with paypal and a US bank account with paypal. It's the cheapest method I've found, and it's realtively easy but takes up to 10 days for the transfer to complete.

The problem I had was the up and down of the dollar. Some months it cost me more (because of the exchange rate) than other months. Pay here depends on your job (and state) and employment can be harder to get than some people realise. So I paid it in full.

A better option might be for you to get a loan from here to pay it off in full. Then you need to only worry about the loan here.

Also remember that you can delay returning packet 3 to slow down your process. As well as asking for an interview past a certain date. You also have 6 months to use the visa. So there is still time.

1. After she's sworn in, I know we have to update her Social Security record, but how long do we have to do that? I know you're not supposed to do it sooner than 10 business days.

2. However, I was reading a guide online that said it's better for her to get her passport first then update her social security record. Is there's a time limit that you have to update your record within?

3. And what do if we do if there's a mistake in her file regarding her citizenship status: SSA having listing her as a US citizenship from 2004 and on while she was an LPR when she was issued the number in 2004? We know she showed her GC and Canadian birth-certificate when she applied for her SS#. She would have had too, she couldn't have gotten it otherwise.

a. Is that something that should have popped on her background check if they had done that?

b. what do we do if they have made a mistake and have had her listed as a US citizen this whole time without us knowing?

Probably worrying over nothing. Yet, after the issue with the State ID, I'm going back over everything in my head.

1. I naturalised last month. I still haven't updated (haven't had the time quite honestly). There is no "deadline" to do it, but I would personally recommend doing it asap.

2. I don't know why you'd need the passport first.. maybe as another form of ID? I'll do the SSA and then passport. Reason being they keep the certificate until the passport app is complete. I also haven't done this yet.

3. I really have no idea why you're remotely worried about this. As my answer below states, it would have "popped" at some point and she'd have been asked about it.

a. yes.

b. it's extremely unlikely and nothing you can do... or should worry about doing.

It is clear OP is asking HOW TO TRACE the spouse, and so do I.

You could try hiring a PI (or process server) to do a skip-trace but honestly, I doubt it's easy for a regular person to do that given the risk of abusers stalking their victims.

If it was required for legal reasons your attorney would have methods such as the PI, but most likely you wouldn't be advised of her location for reasons previously mentioned.

Thank you So much for your answers. However your response raised another question in me LOL....Its not mandatory to send proof ( photos ) of your relationship for the adjustment of status, right? Its just something that you can do if you wish....If I understand correctly

I have lots of photos, I just didnt know if I should include them or not.

There is no need to date-stamp the passport photos. I'm sure if you arrived and looked NOTHING like the passport photos they'd ask for new ones... but it doesn't matter anyway because the one on your GC will be the one they take at biometrics. here are the requirements: http://travel.state.gov/passport/pptphotoreq/pptphotoreq_5333.html I personally used a website to do my passport photos.

And no, you don't have to send relationship evidence with AOS, but some people do send some small bits of evidence in an attempt to avoid an interview (only possible if you arrived on a K1).

Filing your taxes has NO impact on marriage or AOS.

Your "current income" is all that matters for the I-864 and the 2013 return isn't due until April 15, 2014 (or the next business day if on a weekend) so there's a LOT of time between now and then. You would file AOS with your 2012 return and show proof of your CURRENT income with pay stubs etc (and writing that current income on the I-864).

It's a lot more simple than a lot of people are making it....

I was travelling 2 weeks after my interview date.

I went to the interview, and told the IO that I would be out of the country for the next 2 months.

He put a note on my forms saying "Please schedule oath ceremony after March 5 2012, as Ms. XXXX will be out of the country" and highlighted it with a yellow highlighter.

While I was away, I Skyped the USCIS 0800 number, and the person told me my oath was scheduled for March 25th.

When I got home, my oath letter was indeed in my mail.

So....Kaash, all you need to do is that. Don't even think about cancelling trips or interviews...it's very simple!!

Ha NO! I told MY officer that I wanted a Davenport ceremony, which was totally possible and an option she offered (and only 45-60 mins from home depending on location). She wrote "DAV Ceremony" on my stuff and guess what, still scheduled in Des Moines, a 3 hour drive (one-way). I didn't reschedule though because I have seen people waiting 6+ months for the reschedule and i'd already waiting 5 months (from filing).

So the OP could tell/ask their officer but I wouldn't bank on it.

Personally I'd just reschedule the Oath date seeing the OP doesn't seem to fazed about it, it's the OP's risk to take.

I was divorced last year. I am trying to give him the things he left back to him, but I don't know where he is. One looks to be very important. Any suggestions?

Aside from his divorce lawyer, you could trying contacting his parents? His friends? Maybe his previous employer?

Another idea is if you have his passport info you might be able (though I really have no idea) to return it to his countries embassy... I wouldn't think this was possible but just throwing it out there.

What your lawyer said is correct. Also, you cannot file AP by itself so you MUST wait until you file the package together. They normally require waiting for the receipt before you can expedite (so they actually have proof you filed). They will need proof of the emergency and if I were you I would ask the attorney about including a copy of that proof with the packet.

Have the packet sent with tracking, and make sure you include the G-1145 with it (it will text/email you case numbers). Once you have those case numbers you don't need to wait for the physical receipt, book the infopass (or try a walk-in). It IS possible to print the AP there and then if it's emergent enough.

I couldn't apply for my US passport (well I could but it wouldn't be processed).

Or can you apply after 6 or 7 yrs?

Also, once naturalized could I still travel on my other passport from my old country?

Whenever you like (after the 5 year mark) as long as you continue to meet the requirements, or never.

It is the law in the US to enter and exit the US on your US passport. You will need to show your Aussie passport to the airline when you leave as a "visa" of sorts though and then again when you enter Australia and exit Australia (and US passport as the "visa") and enter the US on the US passport. Good times.

Australia has no issues with dual or multi-nationality.

Short answer for your question: Yes.

A friend of mine adjust his status after his first wife went "a.w.o.l" just before the firts interview just to "get back at him" (...), anyway he got his temp GC and he filed for a divorced on the grounds of "home abandonment", he got his divorced an went on with his life, a year later he found the love of his life and married her, she file a petition for him and they went to the whole process again at the end he was approved.

Did you "friend" enter on a K1? A K1 situation is unique.

Does it matter ?

No it doesn't. Separation isn't a grounds for cancelling AOS, or filing ROC.

Just apply using whatever you can. If you're denied you'll have to go the CR-1 route.

1. I don't understand how they would see it as fraud, we lived together for more than 6 months before i came to the US, and i have many proofs of that but like i said i don't have proofs after we've been married! it just didn't work out and it was her decision.

2. Are you saying that it's better not to get married and wait till i attempt to ROC first? will i have more chances to get approved if i'm not married again ?

3. If i file for ROC and get denied, how much time will i have in the country ? 2 ,3 months?

4. My fiancee's dad was saying maybe we can go to Canada since his daughter has dual citizenship and get married there and then she comes back and I wait there till I get my visa, this way we will be close in case it took a long time to get a new visa, but I won't be allowed to stay that long in Canada right?

5. My AOS took a long time to get approved, when is the time for ROC in case i wasn't divorced yet, is it 2 years from the marriage date minus 3 month or 2 years from the date they issued me the green card minus 3 month?

6. what if i file for ROC while my divorce is still pending, is there a chance i will get approved, of course my ex won't come with me to the interview! and if i don't get approved do i still have to leave the country although my divorce is still pending?

7. What is the difference between CR-1 and K3, can i apply for any of them in case i decided to leave the US or can we go the K1 route again ?

1. If you marry another person so soon after the relationship which brought you here, then it will appear your first marriage was entered for fraudulent reasons. It would make your ROC much harder than it needs to be.

2. Yes. Wait until ROC is complete. And yes. I believe a new marriage would simply make the one you're trying to ROC off of (and especially one where you claim there is little evidence of relationship) look like it was fake.

3. Usually 30 days

4. That's an excellent idea if ROC doesn't work. You cannot AOS in the US based on this marriage because you entered on a K1. Also bear in mind that you might have some trouble at the visa stage because you entered the US, married, divorced, met your new fiance while STILL married to your petitioning wife, then left the US to apply for another visa. Especially if it's after an ROC denial it could look like bride shopping.

5. 2 years minus 90 days from the "resident since" date of your GC (which is also 90 days before your GC expires) OR when your divorce is final, whichever is sooner

6. You will need to ROC either as soon as the divorce is final OR in the 90 days before your GC expires.

7. K3 is obsolete so it doesn't matter. You can do either. Personally I would go CR-1 and marry before you leave the US (if that's the way it ends up having to be).

I would try ROC first. use evidence from before the marriage as WELL as from after the marriage. Any evidence is better than none.

At my first job interview I asked about unpaid time off because of my father being elderly. I simply said "My father is in his 90's, in the event there is an emergency back home, is unpaid leave available?" when he asked about questions. Of course the interview was very informal and I had a good "vibe" otherwise I would have waited to see if I was hired on. I was subsequently hired and never had to use the unpaid leave option but I was happy being upfront.

With my current employer I didn't even interview. They saw my resume through a hiring agency and wanted me to start right away so I didn't get to ask any questions. I started in late May last year as a temp, hired in June and by September I had to leave at a moment's notice because my father had passed. They had no problems with that (and I would have quit if they did) and in fact even paid me for a week of that leave.

Really depends on the company. Everything you're telling me though sounds shady as h*ll. However my husband had a similar crappy job at one point because of an unexpected redundancy and he took whatever job he could to keep the roof over our heads and is now in a job he loves. You do what you have to do.

I'm considering another move as I was headhunted today... always hard to decide.

I don't think so, the martial status is very important part that the IO needs to verify during the Naturalization interview. the OP clearly mentioned that his wife was not married At the time of filling, so it makes sense to me that the officer wants to confirm her martial status. Second, since her martial status was changed after the filling she has to inform the officer about that change in order to correct that part. if they have any knowledge about her marital status, she will receive a denial based on not showing a good moral character. if she got approved without fixing this mistake, she might got her Citizenship revoked at the time if she decided to petition her husband if he is not a USC. This is my opinion. that's why In my view the OP wife has to go ASAP to fix that

Her marital status isn't a material misrep, nor is it a moral issue. It IS something that's listed on the certificate though.

I would either:

1. Make an infopass and correct it (taking the marriage cert) or

2. Wait until the Oath.

Personally i would do #1. Explain that because you were recently married it was still reflex to answer no.

I think, after he divorces, he not need to file for a new visa, really,

if he wishes to stay inside the USA borders.

The problem with trying AOS on entry (and this marriage), aside from the first marriage appearing to be fraud, the OP entered on a K1. While they've since completed AOS with their original K1 petitioner, I wouldn't think this negates the whole "what visa did you enter on?" proviso.

The OP, in my opinion, has no ability to AOS thanks to this new wife and will need to leave the country after filing for a CR-1, if that's the path.

Personally I'd attempt ROC first, if there's any evidence of relationship at all, even the smallest bit, it's worth a try.

Let´s assume he did NOT actually have sex with anyone. Could you try to forgive the amount and types of female contacts that he had?

A lot of factors matter, the main one being how you found out, and how "active" he was in that scene right before you came and after you were here.

Personally for me the idea of my husband (fiance/boyfriend) talking to other women in a sexual manner makes my blood boil. The utter lack of respect for me and my feelings, let alone the life we have built (or were going to build) together.

I could never trust that he was truthful in his love for me after finding that out. Someone who loves you does their best not to hurt you. I believe that once someone has shown they can cheat on you, they will again. Maybe not for months or years but they will. If not physically then emotionally.

Some people live in dysfunctional relationship in relative happiness, or at least they tell themselves they are. Tell themselves their cheater is a changed person but really they don't know that person any more now than they did while they were cheating. Their cheater just became better at hiding and realised they were, ultimately, a doormat with little respect for themselves and that they could be manipulated using their love.

So no. I would not stay. Life in the US isn't perfect and I would go home in a heartbeat if the same ever occurred to me. The disclaimer being if we had children by then.

To me, having been a "cheater" for many years, this guy is a dirt bag,..,.,RUN.,.., I STRONGLY DISAGREE with the "OLD SAYING" once a cheater, always a cheater.,.,.I WAS.,.,once as bad as they come, I now have a wonderful, beautiful Filipino wife, AND WOULD NEVER, EVER EVEN THINK OF OR EVER CHEAT ON MY WIFE..,..,Never! THAT SAYING, IS VERY OLD AND not VERY ACCURATE! "Once a cheater, always, how absurd" Maybe cheaters have a reason to cheat, sometimes! It was my case many years ago! BUT, never now, NEVER!

The saying is quite accurate but I believe people often misunderstand it. Once someone cheats on YOU they will probably cheat on YOU again (if given the opportunity). It usually means their feelings for you aren't strong or they have issues within themselves that need to be worked on. However I do believe that once a "cheater" meets the person they truly do love and they've become less selfish, they won't cheat on that person. Cheating a selfish act. True love is selfless.