K1 Visa is it posible to obtain and immigrate to New York with a criminal record?

[odie85 0]

Hi there,

I am brand new to this whole process. Met a man who lives in New York. I am from Ontario, Canada.

we want to get married and I want to move to the states but I have a criminal record. Is it possible to Obtain a K1 visa and move to the States with a criminal record?

I am in the process of applying for a waiver, and should have it in about 4 months.

Edited November 21, 2016 by odie85

[Unlockable 7,314]

Need more information.

Were the crime(s) CIMT?

What waiver are you referring to?

Some can still obtain visa with minor charges. But certain crimes can make a person ineligible.

[odie85 0]

My crimes were, a couple breach of probations, theft under $5000, fraudantly obtain transportation and another fraud charge.

The waiver is so I can enter the US with a criminal record.

[odie85 0]

Can anyone help with an answer or shed some light on this?

[Unlockable 7,314]

Hey,

Sorry, I meant to reply back but got side tracked by family stuff (visiting family for holidays).

Those charges could be used to deny you. Basically you have to look at it like this... you don't want to give the CO any doubt about you. A criminal past can do just that. If it was a while back you can get the benefit of the doubt. The CO will review your case and see if you are of morale character.

If the crimes aren't big or numerous you can have a chance.

[Limey 551]

You said "I am in the process of applying for a waiver, and should have it in about 4 months."

So I'm not sure what the question is? A waiver effectively means those offences won't affect your immigration, right?

Or are you asking about the chances of obtaining a successful outcome to a waiver application?

Fraud is a crime of "moral turpitude", as is theft. To get a waiver you need to pay to submit it (around USD500 I believe) and you pay that whether you get the waiver or not.

Waivers may be issued under humanitarian grounds, unlikely here. If the crimes were a long time ago, then you have more chance than if they are recent.

[jstryker 41]

Can anyone help with an answer or shed some light on this?

"My crimes were, a couple breach of probations, theft under $5000, fraudantly obtain transportation and another fraud charge...."

Yea - those are enough to prevent a U.S. Citizen from even getting a job locally.... I think - and I say this mildly - that you have a snow balls chance in hell migrating on a K1....

You might want to ask about I-130 after you are married. But I'd investigate that first - because that would suck if you got married and they still blocked you.

[Californiansunset 336]

If it was one crime I'd say it's doable. A single crime that does not involve moral turpitude is generally manageable, except when there is more than one offense. Multiple criminal offenses are a problem. Criminal felonies generally are problematic. That being said I feel like you would need a good waiver attorney. Contact Liz Cannon. Megan Kludt is specialized in waivers for criminal charges.

You might want to consider having your partner move to Canada instead.

Edited November 22, 2016 by Californiansunset