Looking to file a spouse visa for my wife, I have federal felonies.

[selmore10 0]

Hi everyone, this is my first post here. I have some criminal charges in the past due to drug use.

Domestic violence in the presence of a child (2007)

False information to a police officer (2008)

Aggravated identity theft (federal 2008)

Bank Fraud (federal 2008)

The federal charges were together and not crimes at separate times, I never went to prison, just jail for 2 1/2 years. I successfully completed supervised release and was terminated 1 1/2 years early. I've paid off $21,000 of the $31,000 since 2010. I attended college upon my release and got hired in my career field before I could finish college.

Me and my wife have been together for 4 years and recently got married. She entered the U.S. legally and her visa expired when she was a small child. Her dad re-filed in the 80's and from what u understand the immigration building burned down and everything was lost, her parents kind of let it go and it slowly drifted away. Her and her 3 children live together, she doesn't work right now and I pay all of the bills. I don't have any drug charges or child sec crimes or anything. I have a great paying job and great credit now and have not re-committed any crimes since 2008. I have a stable household and take good care of my family, I just want to know that petitioning for my wife to adjust her status is the proper route to go with my criminal history.

Thank you for your advice.

[raven52 233]

It is not good in my opinion, you might want a very good immigration attn., but with a very ""good"" cover letter explaining what has happened, you might get by, maybe a very well written letter by some prominent person, that knows your history.

You have a lot to cover, but you can do it, have faith, and just do your best, as long as you have ""NO domestic violence"" of hitting some woman, you "might" be OK.,.,.,just be up front, and open!

Explain everything in detail..,.good luck, you might get this done, just good documentation! Sent to USCIS.

[selmore10 0]

She does not have any criminal history and I got a domestic violence for grabbing my daughters car seat and I "pulled" the mom when she was holding onto the other side of the car seat. I was taking my daughter because her mom was using meth around her and I got the domestic violence. Go figure huh?

[Cathi 5,794]

there is no difference between jail and prison. You were convicted of crimes, that is what matters, even if you never spent a single day locked up. A cover letter explaining why you were arrested won;t get you a visa. Your bank fraud conviction was a crime of moral turpitude, that prevents you from ever being admissable to obtain a US visa. Read up

http://en.wikipedia.org/wiki/Moral_turpitude

[selmore10 0]

I'm not trying to get a visa, I'm a U.S. citizen. I'm trying to petition for my wife, just don't know if my background will affect her case. She has no criminal charges.

[Ryan H 3,834]

Moved from What Visa Do I Need - Family Based Immigration to Adjustment of Status from Work, Student, & Tourist Visas forum. OP stated his spouse is already in the US and looking to adjust status.

[Hypnos 6,578]

It doesn't sound as if you have any Adam Walsh Act-related convictions, meaning that you should be able to petition your wife and she can concurrently file for adjustment of status.

She will need to prove that she entered the US legally, however, be this through an old I-94 or an entry stamp in an old passport.

Edited November 1, 2014 by Hypnos

[kzielu 1,153]

Agree with Hypnos, no reason to be worried.

You don't even have to explain anything, unless asked at the interview.

[Boiler 46,202]

DV would be the only issue. That seems unlikely.

[selmore10 0]

Sweet, yeah she has proof that she entered legally and everything like that. I don't have any child sex crimes or anything like that just money crimes.

[AmAjjD 33]

Since it is going to be primarily her case, I think the greater emphasis would be if those crimes were hers which they are not. However, that does not mean you won't run in to issues, and that definitely does not mean that she won't be questioned about the validity of her desire to be in the marriage knowing your prior domestic violence history, intentional or not (I am not saying it was or was not your fault). Get a good immigration lawyer, mostly due to the fact that they are more familiar with handling cases such as yours.

[belinda63 3,047]

Speaking from experience it shouldn't be a problem.

[UK_Fan 192]

I honestly think that u won't have any problems... They don't do a background check on a petitioner... Don't ask - don't tell.

[selmore10 0]

Sounds great, can't wait to get the ball rolling. She's excited to work, she's bored of being a stay at home mom haha. I like that don't ask don't tell!

[Hypnos 6,578]

I don't see a need for an immigration attorney, although that is of course your call.