criminal waivers

[Tim/Mav 305]

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 corrected me and rightfuly so. This is a new can of worms being the Beneficiary. Now, it is over my head since you are not the USC. I have no experience in this.

Back to Big Dogs advice. Have the Petitioner see a Immigration Attorney I would do.

[MatthewK 1]

Oh I intend on using an attorney I guess I was just lurking the forum to possibly hear of any success stories lol

[Tim/Mav 305]

Oh I intend on using an attorney I guess I was just lurking the forum to possibly hear of any success stories lol

Step One: Get the Court Records and get them Certified with a Seal and Stamp. Dated......

What was the reason for denial of a previous Visa? (I'm not asking but the Attorney will ask)

Save some money and have this information available when your Petitioner visits an Attorney.

[MatthewK 1]

He cited that the conviction was reason enough to not give me a visa but I got a feeling he just denied it just because he could. I can't see how my charge qualifies as a cimt... There's not any intent to rob, rape, or kill, or any intent to cause serious bodily harm.

[Tim/Mav 305]

I'm going to "Go Out On A Limb" here...

Matt: What did you do? You are free to not answer of course.

[Tim/Mav 305]

Superbowl Sunday !

Lenny Performs today.... http://youtu.be/m8moA7OzJ9s

[Rebecca Jo 1,962]

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.

You are correct there is no waiver required for a B2.

However if a CMIT has occurred, a VWP entrant MUST file for a B2 in order to travel to the US. VWP entrants MUST NOT travel on the VWP if they have a CMIT. They MUST file for B2.

And while there is no waiver required for a B2 to be granted, the grant of a B2 to a future K1 applicant requiring a waiver goes a long way towards approval of that waiver.

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

It does not matter what the crime is considered in Australia. What matters is how the crime is viewed under US immigration law.

He cited that the conviction was reason enough to not give me a visa but I got a feeling he just denied it just because he could. I can't see how my charge qualifies as a cimt... There's not any intent to rob, rape, or kill, or any intent to cause serious bodily harm.

CO's don't deny someone (based upon a crime) just because they can. They deny it because they must under the INA.

How much time has passed since a CMIT occurred does indeed affect whether or not a visa may be granted.

[Sayha or bust. 71]

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

I had a a aggravated assault which is a serious misdemeanor on my record and addressed it on the I-129f with simple court records which I printed off the internet, never once got an RFE or denial. I am the petitioner, might be a different outcome if you are the beneficiary. Listen to the VJer's on here more versed on the law or contact an immigration lawyer.

Edited February 5, 2012 by Sayha or bust.

[Tim/Mav 305]

I had a a aggravated assault which is a serious misdemeanor on my record and addressed it on the I-129f with simple court records which I printed off the internet, never once got an RFE or denial. I am the petitioner, might be a different outcome if you are the beneficiary. Listen to the VJer's on here more versed on the law or contact an immigration lawyer.

Correct me if I'm wrong. But I believe Only the Petitioner can do this. The Beneficiary has to unfortunatualy deal with past events. It is up to the Petitioner to gather Documents for the submital of a Petition / and /or Documents in the Event of an RFE.

Since the OP has not disclosed the seriousness of this Conviction. It is guess work. The serverity of the Crime is most important. Moral Turpitude, etc.

[MatthewK 1]

How much time has passed since a CMIT occurred does indeed affect whether or not a visa may be granted.

Is it a different amount of time varying on each individual crime?

[MatthewK 1]

So what I'm saying is if the CO told me to come back in a year and I would have better luck could one safely assume that for however serious or un-serious my charge falls under US law that it would be specified to the CO that 3 years must have elapsed before issuing a visa? I always thought there was not really any time frame that mattered.

[Boiler 45,525]

You have three threads going which are all inter related. So this applies to all of them.

Assume US immigration knows everything you do not want them to know, and nothing about what you do want them to know.

There is a waiver for a non immigrant visa which is easier than an immigrant visa. My guess is that you were not refused for the criminal issue, you never got that far.

Obviously it will be easier for her to go to Australia than you to go to the US.

Waivers, well certainly have a consultation at least with an Immigration Lawyer. It can be done yourself BUT you are going to have to put a LOT of work into it.

[Sayha or bust. 71]

Correct me if I'm wrong. But I believe Only the Petitioner can do this. The Beneficiary has to unfortunatualy deal with past events. It is up to the Petitioner to gather Documents for the submital of a Petition / and /or Documents in the Event of an RFE.

Since the OP has not disclosed the seriousness of this Conviction. It is guess work. The serverity of the Crime is most important. Moral Turpitude, etc.

Your correct, After learning he was the beneficiary, my post offers no answers that's why I edited it. Personally I would hire an attorney that cut out the guess work if he needed to file a waiver or not. I hired an attorney not for my criminal conviction but for the peace of mind knowing my K1 would be done correctly. You can't put a price tag on love when you decide to petition your spouse from oversees.