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gigarange999

Route to go w Criminal Convictions ?

By gigarange999 in IMBRA Special Topics

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gigarange999 Apprentice

gigarange999   1

Posted
Filed: Timeline
Posted

Hello,

I have disclosed everything to my fiance.

My criminal history is bad. I am waiting for my records to come back from different departments so I can see exactly how many convictions are on there.

I have 2-3 drug related convictions (1 being a felony (11 years ago) where it shows I served 8 years but I went to a 4 month boot camp instead) and 1 assault conviction against a woman(she was punching me and I pushed her off of me) in which an order of protection was filed. It was not *domestic* battery though.

Wondering what route I should go with my foreign fiance.

K1, K3, IR1 or CR1?

What is your opinion based on your experience? And do you know of any experienced immigration attorneys?

Thank you so much.

JohnR! Grand Master

JohnR!   5,495

Posted
Filed: Country: Monaco
 Timeline
Posted

Hello,

I have disclosed everything to my fiance.

My criminal history is bad. I am waiting for my records to come back from different departments so I can see exactly how many convictions are on there.

I have 2-3 drug related convictions (1 being a felony (11 years ago) where it shows I served 8 years but I went to a 4 month boot camp instead) and 1 assault conviction against a woman(she was punching me and I pushed her off of me) in which an order of protection was filed. It was not *domestic* battery though.

Wondering what route I should go with my foreign fiance.

K1, K3, IR1 or CR1?

What is your opinion based on your experience? And do you know of any experienced immigration attorneys?

Thank you so much.

The route for fiance is the K-1 visa. IR/CR are only for spouses. K-3 visas, although still in the books, are slowly going the way of the Dodo bird, so I would discard that option outright.

You will not need an immigration lawyer for the process, be it K or CR, but if you want to know the extent to which your record may hinder your immigration benefits, you might consider talking to a criminal lawyer, who may be in a better position counsel you, should there be anything you can do to improve your standing.

Good luck!

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makica7 Explorer

makica7   3

Posted
Filed: Timeline
Posted

You dont need a lawyer, just go with CR-1 and you will be fine as long as you are not a sex offender. With k-1 you will still be fine, but you will have to get all the court and police records and send them with your petition. So maybe CR-1 is just more simple, but your petition will not be denied(K1, CR1) as long as you are not AWA . Look up Adam Walsh act... Good luck


gigarange999 Apprentice

gigarange999   1

Posted
Filed: Timeline
  • Author
Posted

I would hope that it wouldn't be denied but I can't seem to find anyone who has convictions who has attached paperwork and an assault charge who's made it thru. I've been searching the heck out of these forums the last few days.

Thank you all for your info, I will hope someone with experience in this matter will post also.

iawait Explorer

iawait   9

Posted
Filed: K-1 Visa Country: India
 Timeline
Posted

I have a criminal record also. It is simple assault and tamper with property which I plead guilty to. Will this effect my petition. Do I have to check yes on the criminal line even though these crimes are not in their list. And if I mark no, do I still have to send police reports and court records. Please comment.

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A and T Rising Star

A and T   82

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

I have a lawyer who told me criminal record does not matter if u go there and marry ... That's is from a immigration lawyer mouth

Your lawyer would be absolutely wrong and has no idea what he is talking about. Being married doesn't change anything regarding the burden of proof ( which is completely arbitrary)

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gigarange999 Apprentice

gigarange999   1

Posted
Filed: Timeline
  • Author
Posted

I also have a lawyer now who said my criminal record would have no effect on the spousal visa. A k1 yes, a cr1 no.

A record would matter but mine is nothing related to Adam Walsh Act so I am ok.

Thanks for all of your responses.

Good luck to you all. We are getting married in 2 weeks!

 
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