K-1 Visa and the foreign fiancee has a criminal charge

[US Canadian Desi 0]

My fiancee had an accident and he was charged several things and out of all of them one charge stuck which was obstruction of justice, he is also had a deportation order which the outcome was stay of removal so he can stay in canada until 2 years and then he will be back to normal, he can then apply to be a permanent resident or citizen of canada. At the moment he is just a normal law abiding citizen in canada. The questions is when we do our ds-230 and he has to report his has the charge of obstruction of justice how will that affect us in getting him approved?

[HeatDeath 430]

I'm a little confused. Is your fiance a Canadian citizen, or a citizen of another country? Which country did the "accident" occur in? Which country was he ordered deported from? He can't apply to be a "permanent resident or citizen of Canada". What is his current status in Canada? If he's a "normal law abiding citizen" then why will he need to apply for Canadian citizenship?

When he interviews at a US consulate in Canada they will need police reports from any country where he has lived for more than 6 months. His accident, and the resulting charges, will show up on that police report. So yes, he needs to answer every question on the DS-230 honestly, reporting the charge and conviction if the question asks about it.

I don't know how the charge will affect his visa approval. If they determine that the charge involves moral turpitude, it may result in a denial. But he still has to report it, because there is no way he can hide it, and trying to hide it guarantees that he will be denied.

[US Canadian Desi 0]

we are not going to hide anything ofcourse, I was just wanting to know what effects it will have with that, I want to prepare myself for everything and knowlegde is so important.'

He is no status right now, he has been a permanent resident for 14 years and unfortunately he met with a horrible insicdent which led up to these events. He will be able since he is on stay of removal in 2 years be a permanent resident or Canadian citizen up to him. He is a landed immigrant of Canada. He can live,work in Canada but at the current moment he has a stay of removal meaning no status for 2 years.

[ClaireGio 35]

So what citizenship Does he have?

[US Canadian Desi 0]

he is citizen of pakistan.

[HeatDeath 430]

From what I've just read about stays of removal in Canada, if he was a Canadian permanent resident, and is now under a stay of removal, he may still in fact be a Canadian permanent resident. Not that it matters as far as the US is concerned. He is in Canada on a legal status (either Permanent Residency or Stay of Removal, I'm not sure which) and is therefore still eligible to apply for US visas through the US consulates in Canada.

I stand by what I said earlier: the accident and charges will show up on his police report and background check, so the US consulate will know of them. You still need to answer all the DS-230 questions honestly. I looked over the DS-230 earlier, and while it doesn't seem to ask about crimes in general, it does ask about crimes related to drugs. He will need to check with the consular officer, but I think he can answer that one "No", since Obstruction of Justice isn't a drug charge. So he's probably still admissible to the US. I'm not 100% sure, [and you should probably be asking an American immigration lawyer about this) but I think he's probably still ok to get a US fiance visa.

[US Canadian Desi 0]

Yes nothing he has done is related to drugs. I am thinking of getting someone to help us fill that form out so we are as honest as possible. We do not want to risk anything. Thank you for your response, it really helps. We want to make sure we answer all questions properly.