married to us citizen with convictions

[utopia2004 2]

Hi there.

Im trying to find out info about getting a green card but getting frustrated.

My boyfriend is a US citizen, we are getting married soon.

He has a criminal background (felonies but minor). He is doing his time for a parole violation (4 months), then we want to apply for the card after that when we get married.

I have read on the internet his criminal background arent considered, just mine as hes already citizen? is that true? I have no convictions.

Where is it better to apply in the US or the UK?

Thanks sara

[Anh map 2,098]

Read through the Guides (top of every page) here on VJ to learn about your options and what is involved.

He would petition for you as either a fiance or spouse.

Welcome to VJ

[Penguin_ie 5,997]

Unless his convictions fall in some very limited categories (sex crimes mostly), it won't affect your visa, other than him maybe not being able to travel outside the USA to meet you. He will need to apply in the USA, no way around that. Assuming you have met in person within the last 2 years, he can apply for a K1 (fiancee visa) as soon as you both wish, that would be the fastest way. Otherwise, once he gets out you can travel to see him and get married, then return to the UK and apply for a CR-1 spousal visa. That would lead to an immediate green card upon arrival in the USA and so you can work right away, which is why many people prefer it. The Guides here will give you more info on the details.

[belinda63 3,047]

I have a load of misds. and one felony. Other than asking my fiance a few questions to make sure he was aware of my history there was no problem.

[utopia2004 2]

Hi thanks so much!

The fiance visa, what does that entail.. you go to the US get married on fiance visa then come home and file application or file application out there?

How long does the CR spousal visa take?

because of his prior convictions is it better to go threw a lawyer? if so how much do they cost?

thanks

[utopia2004 2]

I have a load of misds. and one felony. Other than asking my fiance a few questions to make sure he was aware of my history there was no problem.

Thats good to know for me! im worrying i wont be able to be with him.. he is a few minor felonies.. he is only 23 and really wants to turn his life around now. He skipped parole to do that which wasnt the best idea (before he met me), so he has to do 4 months for that.

[Rhiannercakes 14]

Hi thanks so much!

The fiance visa, what does that entail.. you go to the US get married on fiance visa then come home and file application or file application out there?

How long does the CR spousal visa take?

because of his prior convictions is it better to go threw a lawyer? if so how much do they cost?

thanks

Once you get the fiance visa, you fly to the US, get married there and you stay there to file for Adjustment of status. Leaving after you activate the Fiance visa is not good, because you will not be let back in.

Edited October 7, 2009 by Rhiann

[pushbrk 13,172]

Hi there.

Im trying to find out info about getting a green card but getting frustrated.

My boyfriend is a US citizen, we are getting married soon.

He has a criminal background (felonies but minor). He is doing his time for a parole violation (4 months), then we want to apply for the card after that when we get married.

I have read on the internet his criminal background arent considered, just mine as hes already citizen? is that true? I have no convictions.

Where is it better to apply in the US or the UK?

Thanks sara

You have the answers on the convictions but it's not clear to me whether you are already in the US. If you are, you may not need a visa. You may be able to simply adjust your status based on the marriage.

[utopia2004 2]

Hi there.

Im trying to find out info about getting a green card but getting frustrated.

My boyfriend is a US citizen, we are getting married soon.

He has a criminal background (felonies but minor). He is doing his time for a parole violation (4 months), then we want to apply for the card after that when we get married.

I have read on the internet his criminal background arent considered, just mine as hes already citizen? is that true? I have no convictions.

Where is it better to apply in the US or the UK?

Thanks sara

You have the answers on the convictions but it's not clear to me whether you are already in the US. If you are, you may not need a visa. You may be able to simply adjust your status based on the marriage.

I have just got back from the US, i was on a tourist visa. Im going to school in the UK at the moment, but will go back out there on my next holiday and next summer. i have two more years of school (uni) left.

How long does a fiance visa take to approve? and how long after married once out in the US does the green card take?

Thanks

[TBoneTX 46,276]

Sara,

Welcome to VJ.

By "minor felonies," do you mean felonies that he committed as a minor (under age 18)? If not, what is the distinction to be drawn between a "minor" felony and any other felony? I'm merely curious.

Regarding your questions about how long the process takes, VJ has considerable resources at your disposal. For example, see "Immigration Timelines" (clickable near the top of every page).

Stay in touch with us.

[utopia2004 2]

Hi, im from the UK and i think here we use major and minor offenses.. Murder, rape etc being major.

Anyway im still kinda confused, i looked on the timeline... how long would the whole process be after K1 and then adjustment out there? is it quicker than just applying in the US after marrying out there? Im told his state is 6 months when applying out there.

Thanks

[Penguin_ie 5,997]

You cannot travel to the USA, marry, and stay there. That is visa fraud and could result in a lifelong ban!

Your options are for him to apply for a K1 fiancee visa, which takes on average about 6-8 months from the UK. Then you move to the USA, get married, apply for AOS (takes about 3 months), and then you can work, travel etc. Other option is to get married either while on holidays in the USA or when he visits you, then you go back to the UK, and he petitions for a CR-1 spousal visa. It takes a little longer (8 months or so) on average, but once you get it and move to the USA, you are done with paperwork for 2 years, no AOS needed.

[fairbro 0]

I have a load of misds. and one felony. Other than asking my fiance a few questions to make sure he was aware of my history there was no problem.

You are lucky. If it was the American male petitioner with the felony + misdemeanors, the IMBRA laws would insure that the application would stay in NVC for a long time.

[ScottThuy 140]

I have a load of misds. and one felony. Other than asking my fiance a few questions to make sure he was aware of my history there was no problem.

You are lucky. If it was the American male petitioner with the felony + misdemeanors, the IMBRA laws would insure that the application would stay in NVC for a long time.

Good point. NVC will make sure that the convictions which are red flags in the system, will not prevent the USC from qualifying as the petitioner. Extensive background checks will be performed and they will not rush the process.

In the US there is no such thing as a minor Felony. A Felony is a crime that has been considered so serious as to not qualify as a misdemeanor. There are certain degrees of felony, and it may not be a felony of the highest degree..murder for example.. but it was a serious enough crime that it involved possible years in prison as a punishment... A crime that society says is so serious that one should be put away for years cant be considered minor

[utopia2004 2]

I have a load of misds. and one felony. Other than asking my fiance a few questions to make sure he was aware of my history there was no problem.

You are lucky. If it was the American male petitioner with the felony + misdemeanors, the IMBRA laws would insure that the application would stay in NVC for a long time.

I am hearing different things, i have spoken to many now who say it doesn't affect the application (only if its me who has the convictions).. including an attorney and the US embassy in london. But then others say something different?

What are the IMBRA laws? NVC?

i have another question (sorry!)... what are the required proof of contact. Do you need bills etc in each others names.. since we havent properly had our own apartment like that.