AOS - Criminal Records on Spouse background.

[Bemi 0]

I am a F-1 Visa holder and attending graduate school. I have a valid Visa and got married to my American female partner (USC) who I have been dating for over 8months sometimes last month. We are in the process of filing for an Adjustment of status and asked her if she has any criminal record.

She told me she had two criminal records. One was petty stealing in 2003 and the other was DUI in 2007. I was so mad she didn't tell me all these since but she said she felt it wasn't an important issue.

I would like to know if these two records will affect our petition or possibly be a red flag. I will appreciate all advise.

[Newbie608 103]

I am a F-1 Visa holder and attending graduate school. I have a valid Visa and got married to my American female partner (USC) who I have been dating for over 8months sometimes last month. We are in the process of filing for an Adjustment of status and asked her if she has any criminal record.

She told me she had two criminal records. One was petty stealing in 2003 and the other was DUI in 2007. I was so mad she didn't tell me all these since but she said she felt it wasn't an important issue.

I would like to know if these two records will affect our petition or possibly be a red flag. I will appreciate all advise.

The USC criminal records have nothing to do with the process....If the beneficiary has a record then it would be a problem...Nothing to worry about

[JimVaPhuong 4,863]

I am a F-1 Visa holder and attending graduate school. I have a valid Visa and got married to my American female partner (USC) who I have been dating for over 8months sometimes last month. We are in the process of filing for an Adjustment of status and asked her if she has any criminal record.

She told me she had two criminal records. One was petty stealing in 2003 and the other was DUI in 2007. I was so mad she didn't tell me all these since but she said she felt it wasn't an important issue.

I would like to know if these two records will affect our petition or possibly be a red flag. I will appreciate all advise.

99.99% of the time the criminal record of the US citizen petitioner is irrelevant. The other 0.01% of the time is convictions which fall under the Adam Walsh Act (mostly sex crimes involving children) and convictions of violations of immigration law. Petty theft and DUI won't affect the petition at all.

However, I am a little curious about the bolded statement above. A man would typically not refer to his wife using the term "partner". Are you a same sex couple?

[Bemi 0]

Thanks Newbie608 and Jim for the advise..@ Jim, I am not gay...lol. I was referring to my wife.

Edited June 17, 2012 by Bemi

[JimVaPhuong 4,863]

Thanks Newbie608 and Jim for the advise..@ Jim, I am not gay...lol. I was referring to my wife.

I wasn't trying to imply anything. We've had gay couples come through VJ before asking about potential immigration benefits based on their relationship or marriage. They often don't want to divulge that they are gay, but terms like "partner" are often giveaways. It's a critical factor because immigration benefits are currently not available to anyone based on a same sex relationship. That will probably change eventually, but that's the current state of the law.

[VanessaTony 3,567]

Thanks Newbie608 and Jim for the advise..@ Jim, I am not gay...lol. I was referring to my wife.

I agree with Jim that I thought the same thing because of your use of "American female partner" when most people would write "American wife" or "USC wife" etc and there being no other sex identifiers. I was going to ask the same qn until I saw that Jim asked already.

.

[KazuriSana 324]

... I was so mad she didn't tell me all these since but she said she felt it wasn't an important issue.

I would like to know if these two records will affect our petition or possibly be a red flag.

If she had told you before the marriage, what difference would it have made? If you are in love with her and want to spend the rest of your life with her, would petty theft and a DUI have made you drop her like red-hot metal and sought someone with a cleaner record that would not affect or be a red flag to the AOS process?

[ceadsearc 516]

If she had told you before the marriage, what difference would it have made? If you are in love with her and want to spend the rest of your life with her, would petty theft and a DUI have made you drop her like red-hot metal and sought someone with a cleaner record that would not affect or be a red flag to the AOS process?

Not that it's anyone's business what he would have done, but some people find it hard to be in a relationship with someone who hides very big, important things. Other people find it hard to be in a relationship with someone who has hidden criminal tendencies. Obviously the OP doesn't intend to leave his spouse but there are tons of very reasonable explanations for why he might be mad she didn't disclose her criminal record regardless of how it will affect immigration.

[JimVaPhuong 4,863]

Not that it's anyone's business what he would have done, but some people find it hard to be in a relationship with someone who hides very big, important things. Other people find it hard to be in a relationship with someone who has hidden criminal tendencies. Obviously the OP doesn't intend to leave his spouse but there are tons of very reasonable explanations for why he might be mad she didn't disclose her criminal record regardless of how it will affect immigration.

Dunno. If it was armed robbery or assault with a deadly weapon then I'd sure want to know why the subject never came up. But DUI and petty theft? Yeah, I can understand why someone wouldn't think it would be worth discussing, especially if they happened years ago.

[ceadsearc 516]

Dunno. If it was armed robbery or assault with a deadly weapon then I'd sure want to know why the subject never came up. But DUI and petty theft? Yeah, I can understand why someone wouldn't think it would be worth discussing, especially if they happened years ago.

Oh, I can understand why it wasn't brought up as well. I can just also see why someone might be upset when they did find out (or, more accurately, when they found out they hadn't been told).