K1 Visa info required

[Jenn&Jay 0]

My fiance currently lives in the usa and I reside in Canada. We were both born in our countries of origin and she would like to bring me there on a k1. Major problem now is that I have 2 minor convictions from 15 years ago. One for possesion of stolen property and one for theft under 100.00. I am also in the process of getting a criminal pardon approved, Waiting on the approval now it has taken a year so far. My question is,, should I wait for the pardon before having her file a k1 or will it matter? I understand that either way my record must be disclosed, so does a pardon matter.. Part 2 of this question is Would I require a us entry waiver in order to see her if the k1 is approved.

We are both wanting desperately to file the k1 but have not done so as we are not sure what the outcome will be. Is there anyone out there with minor criminal convictions (no jail time) that have successfully made it to the USA.. Please let me know any info you can this is ripping us both apart emotionally..

Thank you all for any and all responces!

Jason

[Kathryn41 3,205]

Hi Jay Que,

Welcome to VJ. The Canadian Pardon will be of no use to you in US immigration. You are asked if you have ever committed a crime for which you have been pardoned and you need to disclose that information. You cannot lie on an immigration application as to do so will result in a ban from entering the US for misrepresentation. Do not bother to wait for the Pardon to be approved before you apply for the K-1. You will need to provide police records checks and since you do have a criminal record you will require a fingerprint check so get that started right away as it also can take a while. I believe that it can be done digitally at the RCMP although I will let someone else who is more familiar with that provide that information. People with minor records have been successful in getting visas approved. A lot depends on the nature of the offense and if USCIS considers it to be a crime or 'moral turpitude'. Having served no jail time is definitely in your favour. You will need to gather the court documents that relate to your convictions as well since you will require those. If they are no longer available, then you will need to get a statement to that effect on the official letter head of the Court involved.

You might want to also ask in the Canada Regional Forum about getting the digital fingerprints done. Good luck.

(I also moved your topic from the Immigration News Forum to the K-1 forum as a more appropriate location to get responses)

Edited January 15, 2010 by Kathryn41

[milly7 0]

My fiance currently lives in the usa and I reside in Canada. We were both born in our countries of origin and she would like to bring me there on a k1. Major problem now is that I have 2 minor convictions from 15 years ago. One for possesion of stolen property and one for theft under 100.00. I am also in the process of getting a criminal pardon approved, Waiting on the approval now it has taken a year so far. My question is,, should I wait for the pardon before having her file a k1 or will it matter? I understand that either way my record must be disclosed, so does a pardon matter.. Part 2 of this question is Would I require a us entry waiver in order to see her if the k1 is approved.

We are both wanting desperately to file the k1 but have not done so as we are not sure what the outcome will be. Is there anyone out there with minor criminal convictions (no jail time) that have successfully made it to the USA.. Please let me know any info you can this is ripping us both apart emotionally..

Thank you all for any and all responces!

Jason

Hi Jason

I have a friend who had two convictions that were around 10 years old when he applied for his fiancee visa. He had to provide a memorandum of conviction fron the court in the UK. Hes just becoame a citizen of the US!They were both CIMT's (Theft)

What matters most is the sentence received..he was granted his visa no problem, do not over worry about this, its very common...my advice is to instruct an Immigration lawyer who specialises in visa waivers, who can assist.

Good luck to you!!!!

[Carlawarla 1]

My fiance currently lives in the usa and I reside in Canada. We were both born in our countries of origin and she would like to bring me there on a k1. Major problem now is that I have 2 minor convictions from 15 years ago. One for possesion of stolen property and one for theft under 100.00. I am also in the process of getting a criminal pardon approved, Waiting on the approval now it has taken a year so far. My question is,, should I wait for the pardon before having her file a k1 or will it matter? I understand that either way my record must be disclosed, so does a pardon matter.. Part 2 of this question is Would I require a us entry waiver in order to see her if the k1 is approved.

We are both wanting desperately to file the k1 but have not done so as we are not sure what the outcome will be. Is there anyone out there with minor criminal convictions (no jail time) that have successfully made it to the USA.. Please let me know any info you can this is ripping us both apart emotionally..

Thank you all for any and all responces!

Jason

Hello Jason,

Your offences, even committed many years ago, fall under the definition of crimes of moral turpitude for the purpose of U.S. immigration. Your Canadian pardon will have no bearing on any process in this matter. You will have to provide a copy of your criminal record, which will require fingerprinting, because you have previous convictions, and as well, court documents outlining the offence.

You can have your U.S. citizen fiance file for a K-1 at anytime. You will have to disclose your convictions, and provide documentation. Your visa will be denied, however it is waiverable. You can either post or ask questions about a waiver here in this forum here on VJ:

http://www.visajourney.com/forums/index.php?showforum=113

Or, go to this site, which has a wealth of information about waivers:

http://www.immigrate2us.net/

I've also PM'd a very knowledgeable person here on VJ that will hopefully stop by and offer up some information to you.

Best of luck.

[emt103c 10]

Carlawala and Kathryn are both right. You will need a waiver and the Canadian Parole does not work for US Immigration, though you can use it as proof of rehab, etc in the waiver. . . and research is your best friend.

Immigrate2us.net is a good place to start and consults with an EXPERIENCED waiver attorney are a must. Believe it or not, Canadian waivers are the slowest in the world. Expect the waiver to take a year to process and you cannot file it until you get an interview at the consulate. It is a very emotionally taxing process, but it can be won.

Good luck!

[Kathryn41 3,205]

moved from K-1 forum to Waivers forum as it appears a waiver will be required

[Jenn&Jay 0]

Hi Jason

I have a friend who had two convictions that were around 10 years old when he applied for his fiancee visa. He had to provide a memorandum of conviction fron the court in the UK. Hes just becoame a citizen of the US!They were both CIMT's (Theft)

What matters most is the sentence received..he was granted his visa no problem, do not over worry about this, its very common...my advice is to instruct an Immigration lawyer who specialises in visa waivers, who can assist.

Good luck to you!!!!

My sentance was probation only and everyone in the forum is insistant that I will need a waiver still. I've researched this to death and have found that if you have 2 convictions or more it shouldn't matter if the sentance received was less than 5 years. I have also had a lot of people telling me that possesion of stolen property is a crime of moral turpitude, but if you look it up in american law it sais it is not a crime of moral turpitude. I am very worried about the possibility of a waiver as they can take over a year. Thanks for your re-assurance! At this point I'm falling apart over this

moved from K-1 forum to Waivers forum as it appears a waiver will be required

I cant understand how a waiver will be required. According to the uscis website you will not be denied for multiple sentances if the time served was less than 5 years. May I ask where you got your info?

Carlawala and Kathryn are both right. You will need a waiver and the Canadian Parole does not work for US Immigration, though you can use it as proof of rehab, etc in the waiver. . . and research is your best friend.

Immigrate2us.net is a good place to start and consults with an EXPERIENCED waiver attorney are a must. Believe it or not, Canadian waivers are the slowest in the world. Expect the waiver to take a year to process and you cannot file it until you get an interview at the consulate. It is a very emotionally taxing process, but it can be won.

Good luck!

I cant understand how a waiver will be required. According to the uscis website you will not be denied for multiple sentances if the time served was less than 5 years. May I ask where you got your info?

[carolina guy 0]

My sentance was probation only and everyone in the forum is insistant that I will need a waiver still. I've researched this to death and have found that if you have 2 convictions or more it shouldn't matter if the sentance received was less than 5 years. I have also had a lot of people telling me that possesion of stolen property is a crime of moral turpitude, but if you look it up in american law it sais it is not a crime of moral turpitude. I am very worried about the possibility of a waiver as they can take over a year. Thanks for your re-assurance! At this point I'm falling apart over this

I cant understand how a waiver will be required. According to the uscis website you will not be denied for multiple sentances if the time served was less than 5 years. May I ask where you got your info?

I cant understand how a waiver will be required. According to the uscis website you will not be denied for multiple sentances if the time served was less than 5 years. May I ask where you got your info?

[carolina guy 0]

I'm origonally from Canada, and had 4 minor convictions from near 30 years ago including a theft under and possession of stolen property resulting in 60 days in jail,also had a Canadian pardon, came to U.S. in the mid 90s in TD status,eventually obtained derivative green card status through my wife, and became a U.S. citizen two years ago. I was 100% honest with USCIS and did not need a waiver;although had to provide a copy of RCMP certificate of conviction as court records were not available after the pardon was issued;of course I filed in the U.S. for adjustment of status, filing through a consulate may be more difficult, the IO can use discretion depending on the nature of the offense and how long ago it occured, I thought I would need a waiver but lucked out, the pardon doesn't hold any validity in the eyes of U.S. immigration but may go in your favor in showing rehabilitation,main thing" NEVER" lie when applying for a immigration benefit because it will result in a lifetime ban for misrepresentation, good luck