Elligibility for CR-1 with Petitioner having 2 Felony Charges

[Zeckrin 0]

Situation:

I have not yet begun serious relationship, but before I do I want to know if it is plausible.

My situation is this:

I(the petitioner)am a US citizen who has a kidnapping felony that was in 1995. I was 19 and took possession of a vehicle without letting the person out. I was young and drunk. It was an adult and there were no physical harm or violence or sex acts. I was sentenced to 2.5 years. I have served my time and and can show good behavior for over a decade.

From what I read, this may prevent me from obtaining a K1 Visa due to IMBRA but that it would not affect me getting a spouse over with a K3. Is this true?

Would marrying over in Philippines and then applying for K3 ensure my success? or do I still have a slim chance of getting a wife over here because of my criminal backround.

Please someone who has knowlege of this let me know because I dont want to invest many months or even years into something that has slim chances of working out.

Thank you much in advance!

Zeckrin

Edited September 2, 2011 by Zeckrin

[Zeckrin 0]

I(the petitioner)am a US citizen who has a kidnapping felony that was in 1995. I was 19 and took possession of a vehicle without letting the person out. I was young and drunk. It was an adult and there were no physical harm or violence or sex acts. I was sentenced to 2.5 years. I also had several DUI's. Last one was Feb 2002. Since this time I have had excellent character and live an pure moral life. I even had a ministry to the Philippines which is when I started thinking of marrying a Filipino.

From what I read, my prior felonies may prevent me from obtaining a K1 Visa due to IMBRA but that it would not affect me getting a spouse over with a CR-1. Is this true?

Would marrying over in the Philippines and then applying for CR-1 ensure my success? or do I still have a slim chance of getting a wife over here because of my felonies. I surely would not want to end up married to a woman that I could never be with.

Please someone who has knowlege of this let me know because I dont want to invest many months or even years into something that has slim chances of working out.

Also, if there is some other way around this please let me know.

Thank you much in advance!

Zeckrin

[Oksana & Max 94]

I(the petitioner)am a US citizen who has a kidnapping felony that was in 1995. I was 19 and took possession of a vehicle without letting the person out. I was young and drunk. It was an adult and there were no physical harm or violence or sex acts. I was sentenced to 2.5 years. I also had several DUI's. Last one was Feb 2002. Since this time I have had excellent character and live an pure moral life. I even had a ministry to the Philippines which is when I started thinking of marrying a Filipino.

From what I read, my prior felonies may prevent me from obtaining a K1 Visa due to IMBRA but that it would not affect me getting a spouse over with a CR-1. Is this true?

Would marrying over in the Philippines and then applying for CR-1 ensure my success? or do I still have a slim chance of getting a wife over here because of my felonies. I surely would not want to end up married to a woman that I could never be with.

Please someone who has knowlege of this let me know because I dont want to invest many months or even years into something that has slim chances of working out.

Also, if there is some other way around this please let me know.

Thank you much in advance!

Zeckrin

Wow what a story.

You have two things going on here and it wouldn't matter whether you are applying for K-1 or CR-1 they both could be an issue with your history.

While DUI itself most likely will not cause an issue.

You more have to worry about being a convicted felon with sentencing, which potentially could deny your K-1 or CR-1 visa. I would recommend hiring an attorney, as your case is quite complicated and kidnapping is not a small charge. I've heard people with domestic violence having issues. So get with attorney, as this would be your best option if you want to pursue this route.

Hope it all works for you!!!

[Zeckrin 0]

You more have to worry about being a convicted felon with sentencing, which potentially could deny your K-1 or CR-1 visa. I would recommend hiring an attorney, as your case is quite complicated and kidnapping is not a small charge. I've heard people with domestic violence having issues. So get with attorney, as this would be your best option if you want to pursue this route.

Yes, this is my concern. I would still like if someone knowledgable about the law could answer whether this does apply because I read somewhere on an attorneys site that a K3 will not be affected regardless of the crime (unless sexual minor).

Thanks again,

Zeckrin

[canadian_wife 1,823]

I don't know specifically but I do know that nothing you can do will ensure success.

You have to rights to bring anyone over here as a wife

good luck

[NigeriaorBust 4,087]

Not true. Immigration benefits for a spouse is not a right. You have to petition for it and once you have found to be able to ask permission the spouse has to be found admissiable.

[pushbrk 12,994]

Situation:

I have not yet begun serious relationship, but before I do I want to know if it is plausible.

My situation is this:

I(the petitioner)am a US citizen who has a kidnapping felony that was in 1995. I was 19 and took possession of a vehicle without letting the person out. I was young and drunk. It was an adult and there were no physical harm or violence or sex acts. I was sentenced to 2.5 years. I have served my time and and can show good behavior for over a decade.

From what I read, this may prevent me from obtaining a K1 Visa due to IMBRA but that it would not affect me getting a spouse over with a K3. Is this true?

Would marrying over in Philippines and then applying for K3 ensure my success? or do I still have a slim chance of getting a wife over here because of my criminal backround.

Please someone who has knowlege of this let me know because I dont want to invest many months or even years into something that has slim chances of working out.

Thank you much in advance!

Zeckrin

If you file an I-129F, you will simply answer yes to the IMBRA question because kidnapping is one of the crimes listed. You then provide the court records, so that your fiancee or spouse will be informed of your past. The I-129F is used for both fiancee and K3 visas but not for the CR1 or IR1 spousal visas.

Nothing will assure success, but your criminal record, as described, would not be grounds to deny either a petition or a visa. IMBRA is about informing the foreign spouse or fiancee, not about whether to approve a petition.

[canadian_wife 1,823]

Not true. Immigration benefits for a spouse is not a right. You have to petition for it and once you have found to be able to ask permission the spouse has to be found admissiable.

Sorry, yes you are right, I forgot the word "NO" before rights

OP - you have NO rights to bring your wife to the US

Good luck

[Zeckrin 0]

If you file an I-129F, you will simply answer yes to the IMBRA question because kidnapping is one of the crimes listed. You then provide the court records, so that your fiancee or spouse will be informed of your past. The I-129F is used for both fiancee and K3 visas but not for the CR1 or IR1 spousal visas.

Nothing will assure success, but your criminal record, as described, would not be grounds to deny either a petition or a visa. IMBRA is about informing the foreign spouse or fiancee, not about whether to approve a petition.

Hmm. So I understand that of course nothing is a guaranteed sure thing. But are you saying that if I go the CR-1 route then at no time during the process do I have to disclose criminal history and therefore my chances are just as good as anyone else without a criminal history?

Thanks for the help.

Zeckrin

[pushbrk 12,994]

Hmm. So I understand that of course nothing is a guaranteed sure thing. But are you saying that if I go the CR-1 route then at no time during the process do I have to disclose criminal history and therefore my chances are just as good as anyone else without a criminal history?

Thanks for the help.

Zeckrin

Yes.

[Kathryn41 3,205]

Duplicate topic thread in the K-3 forum has been merged with existing thread in the CR-1 forum in order to keep all of the discussion in one place.