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justques

Applying for visa when sibling has a seroius criminal record

By justques in Work Visas

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justques Newbie

justques   0

Posted
Filed: Timeline
Posted (edited)

Dear members,

My case is very peculiar. I was planning to get married and travel to US on H4 (dependent) visa as my Fiancée is there on H1B. However, while we were doing preparations for marriage, my real brother was in US and was caught in a very big scam (second degree felony). Currently, he is in police custody and the case is still going on. My fiancée thinks that I would be denied visa because of this so they called off the marriage. However, if I can travel on H1B/L1/B1 on my own, then we might be able to pursue further. Of course, I need to mention my brother's name in DS160 form in any visa I apply for (H1B/L1/B1/H4). I am afraid, that my brother's involvement in the scam can be the cause of my visa denial. Is that true, if yes, is there any way out?

Edited by justques
Anh map Grand Master

Anh map   2,098

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

Your brother's crimes should not effect you (as long as your were not involved in them) and your visa. If it were to come up in an interview then just tell the truth. Life happens and we cannot control all the variables.

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CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

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AB loves AG Enthusiast

AB loves AG   54

Posted
Filed: K-1 Visa Country: Ghana
 Timeline
Posted (edited)

My sister has also committed a felony. I don't remember being asked about it on any forms, It never came up in any interview, my fiances interview or our green card interview. She also wrote an affidavit supporting our marriage which I submitted with our paperwork. It shouldn't be a problem.

Edited by AB loves AG
Penguin_ie Grand Master

Penguin_ie   5,996

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

There is a place on the forms that it asks about other family in the USA, and you would need to mention him, but him having committed a crime should not affect your visa. I am a bit confused why you would not still get married, even if your fiance thought you could not get a visa though.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Boiler Grand Master

Boiler   46,057

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

I assumed the possible lack of visa was an excuse?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

justques Newbie

justques   0

Posted
Filed: Timeline
  • Author
Posted (edited)

Yeah thats right. He is settled in US for quite sometime and is concerned that if at all i do not get visa our marriage might be in trouble.

Moreover, he also thinks that my brother's serious criminal record might interfare with his greencard processing and also there might be a lot of interrogations going forward.

Edited by justques
Boiler Grand Master

Boiler   46,057

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

Is there any reason he can not move to you? Sounds like he is in the US on a temp wok visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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