criminal waivers

[MatthewK 1]

Just wondering if anyone has any experiences or knows anyone who has regarding obtaining waivers regarding criminal ineligibility? My fiancee and I wish to apply for a K1 but I can foresee my one and only criminal conviction from 2 years ago being a problem. It was for assault occasioning bodily harm... though technically the uscis cimt consider assault to only be ineligible if there was intent to commit a crime, robbery or rape, or if the assault caused serious bodily harm.

my charge has nothing about intent to rape, rob, or commit a crime. OR do SERIOUS bodily harm.

I really am at a loss here, I need some advice and or stories other people have gone through, I didn't even instigate the altercation in the first place and now I'm stuck dealing with this cr*p as a result of it, missing the woman that I love deeply and it's breaking my heart

Thanks

Matt

[Tim/Mav 305]

Just wondering if anyone has any experiences or knows anyone who has regarding obtaining waivers regarding criminal ineligibility? My fiancee and I wish to apply for a K1 but I can foresee my one and only criminal conviction from 2 years ago being a problem. It was for assault occasioning bodily harm... though technically the uscis cimt consider assault to only be ineligible if there was intent to commit a crime, robbery or rape, or if the assault caused serious bodily harm.

my charge has nothing about intent to rape, rob, or commit a crime. OR do SERIOUS bodily harm.

I really am at a loss here, I need some advice and or stories other people have gone through, I didn't even instigate the altercation in the first place and now I'm stuck dealing with this cr*p as a result of it, missing the woman that I love deeply and it's breaking my heart

Thanks

Matt

Was this Assualt "Conviction" classified as Misdeameanor or Felony ? Was it against a Woman ? Did the Courts require treatment such as Anger Management and so forth. (Was Drugs or Alcohal involved and so listed in Police reports) Did you complete the Courts Requirements and probation served ?

You need to go to Courthouse and obtain ALL information about the arrest/conviction and see where you are at.

You could help yourself better by giving more details if you want this Woman. Get the idea. ?

(proof of rehabilitation is what you will need that you are not a danger to your spouse, children or others and a wavier maybe required)

Ball is in your Court.

Edited February 5, 2012 by Tim/Mav

[bigdog 376]

Like Tim said get all of your certified court documents (2 copies), see exactly what is said. Maybe you can get it expunged? You way want a immigration counselor or an attorney for this.

[Tim/Mav 305]

Like Tim said get all of your certified court documents (2 copies), see exactly what is said. Maybe you can get it expunged? You way want a immigration counselor or an attorney for this.

Thanks Big Dog. But Expungment is NOT ALLOWED For USCIS in Any Case.

Records are Records for USCIS. NO if, ands, or whats... Homeland Security/USCIS is who you are dealing with.

[MatthewK 1]

Hey gus

Thanks heaps for the replies, to answer your questions... no it was not against a woman, I am also fairly sure it counts as a misdemeanor in Australia, there was no probation, no jail time, just a $600 fine, I think that in the 'facts' of the case there may be some note of alcohol being involved but I really cant remember.

Another question also, do you have to prove 'extreme hardship' as well with the criminal waiver or do you just have to prove that you are rehabilitated?

Thanks again

[LIFE'SJOURNEY 970]

There is no wavier for a vistor visa, the only waviers that are available are for immigration purpose. So, Tim what process are you preparing the OP for.

He can present his certified court papers at the visitor visa interview.

[Tim/Mav 305]

There is no wavier for a vistor visa, the only waviers that are available are for immigration purpose. So, Tim what process are you preparing the OP for.

He can present his certified court papers at the visitor visa interview.

I did not realize the Beneficiary was asking the question. I was unclear. But, it is not a Visitor Visa being asked but a K-1 so were tied. So, Were both Stupid. LOL

Edited February 5, 2012 by Tim/Mav

[MatthewK 1]

I'm not applying for a B2 I'm going to apply for a K1

Sorry Tim I should have made that clear, yes I definitely am the beneficiary. Any thoughts?

[LIFE'SJOURNEY 970]

I did not realize the Beneficiary was asking the question. I was unclear. But, it is not a Visitor Visa being asked but a K-1 so were tied. Were both Stupid.

Nope Tim we are not, his previous post is ALL about a vistor visa. He never indicated he was aquiring about a K1.

[Tim/Mav 305]

I'm not applying for a B2 I'm going to apply for a K1

Sorry Tim I should have made that clear, yes I definitely am the beneficiary. Any thoughts?

HELP! Matt you are the USC ? Right?

[LIFE'SJOURNEY 970]

I'm not applying for a B2 I'm going to apply for a K1

Sorry Tim I should have made that clear, yes I definitely am the beneficiary. Any thoughts?

So now you have gone from a B2 , a VWP to a k1 visa. If you are aquiring about a K1 then you will need a wavier.

[MatthewK 1]

Lifesjourney if you read this post you will soon see that I did infact mention it was to apply for a K1. I realise I posted about a B2 but I done that post in the appropriate sub-forum merely just to see peoples thoughts. Ultimately the goal here for me is to marry my fiancee and be able to live in the USA. If I had my way I'd soon rather just stay in Australia, but she does NOT want to.

[LIFE'SJOURNEY 970]

HELP! Matt you are the USC ? Right?

Nope, he stated he was an Aussie. The Op has mutliple post posted with two different visa routes all within the same time frame today.

Edited February 5, 2012 by LIFE'SJOURNEY

[Tim/Mav 305]

Nope Tim we are not, his previous post is ALL about a vistor visa. He never indicated he was aquiring about a K1.

People do change their minds about the best way to get together I guess. To try and get together is the goal and I don't blame anyone for that.

[MatthewK 1]

Thanks for your understanding Tim! That is definitely the goal here... I've already been denied the B2 about 6 months ago now, what was funny about that was the CO actually told me to come back in a year and it would be approved providing I didnt get in any more trouble. Strange huh?

Ideally we want to go with the K1 but I'm afraid it will be denied more than likely and we will need to apply for a waiver.