Another criminal question...

[Kj509 9]

I have read through 90% of this and can't find the best answer for myself...

 

I have a lengthy criminal record dating 18 yrs back. Probably about 20 marijuana convictions, 2 DUIs and 2 assault domestic violence convictions. I know it looks bad and it certainly feels bad and embarrassing but I also know who I am and where I am in life now. I'm a single parent with full custody of my kids and run a successful business so my past is my past.

 

My question or huge concern is about the i-129 form and approval chances. I have been completely honest about my past lifestyle and convictions with my fiancé so I'm not worried about her being shocked or what not. Is it worth me applying for the i-129 or should we just marry and do the i-130?

[KULtoATL 1,551]

You have been upfront with your fiancee so now you have to be honest with USCIS. As long as you are honest and note all the criminal records that need to be noted, I think you will be fine. I bet even the I-130 requires a background check on both the petitioner and beneficiary. The bigger thing that you need to worry about is to provide bona fide relationship evidence

[Hypnos 6,576]

You'll have the same issues either way, so it really makes no difference.

 

Expect problems. I'd be surprised if you received any US visa with a criminal history like that.

 

DV is sometimes considered a CIMT, and the US takes any drug convictions very seriously (even for marijuana, which is still illegal at the federal level).

 

(Edit) This assumes you're the alien, not the petitioner. If you're the petitioner then it may be slightly less of an issue, though the two DV convictions may still be problematic.

Edited March 24, 2017 by Hypnos

[Kj509 9]

I am the USC and this is the first time I've applied for this. I live in WA state, marijuana is now legal here even though I no longer use it... I don't think any of my crimes equal moral turpitude, 1 domestic violence was pulling a gun on my wife after I caught her cheating (temporary insanity) and the  other was simply forcing my other ex into a car because she was having withdrawals from drugs and trying to walk in the snow to get more... As far as a bona fide relationship, we have been talking for almost a year and we have plenty of pics together from my trip there. She's a great woman and I am worried my past will screw that up, as I said I may have done some bad things but that is my past. Thanks for the great feedback so far.

[KULtoATL 1,551]

2 minutes ago, Kj509 said:

I am the USC and this is the first time I've applied for this. I live in WA state, marijuana is now legal here even though I no longer use it... I don't think any of my crimes equal moral turpitude, 1 domestic violence was pulling a gun on my wife after I caught her cheating (temporary insanity) and the  other was simply forcing my other ex into a car because she was having withdrawals from drugs and trying to walk in the snow to get more... As far as a bona fide relationship, we have been talking for almost a year and we have plenty of pics together from my trip there. She's a great woman and I am worried my past will screw that up, as I said I may have done some bad things but that is my past. Thanks for the great feedback so far.

Thank you for sharing all the personal details about your past. I am sure it is not easy despite us being strangers what more to a government agency. As @Hypnos said, expect problems. It might be difficult but it doesn't mean you won't get approved but of course, no one here can guarantee an approval.

 

I must commend you for turning a new leaf. If you are a dangerous person, I don't think any judge would have granted you the sole custody of your kids. Regardless, immigration officers may think differently. The burden is on you to prove against whatever crazy things that they might at you along the way. Besides, if a sex offender can successfully get approved for a petition (not saying it happens a lot), just why not for someone who had a record like yours?

 

If you wanna succeed and in the position to hire an immigration attorney, perhaps that is something that's worth considering. It doesn't seem like it would be a standard and smooth sailing DIY petition. 

 

Please don't be discouraged, alright? Fight for what you want and in this case is to bring the woman that you love to the US and for you to get married and have a life together!

 

Also, maybe look up the International Marriage Broker Act (IMB) to see if it covers your situation. So before your file a petition, read and research. Don't rush into filing without something solid as it is very easy to get your petition thrown out.  

[Kj509 9]

16 minutes ago, KULtoATL said:

Thank you for sharing all the personal details about your past. I am sure it is not easy despite us being strangers what more to a government agency. As @Hypnos said, expect problems. It might be difficult but it doesn't mean you won't get approved but of course, no one here can guarantee an approval.

 

I must commend you for turning a new leaf. If you are a dangerous person, I don't think any judge would have granted you the sole custody of your kids. Regardless, immigration officers may think differently. The burden is on you to prove against whatever crazy things that they might at you along the way. Besides, if a sex offender can successfully get approved for a petition (not saying it happens a lot), just why not for someone who had a record like yours?

 

If you wanna succeed and in the position to hire an immigration attorney, perhaps that is something that's worth considering. It doesn't seem like it would be a standard and smooth sailing DIY petition. 

 

Please don't be discouraged, alright? Fight for what you want and in this case is to bring the woman that you love to the US and for you to get married and have a life together!

 

Also, maybe look up the International Marriage Broker Act (IMB) to see if it covers your situation. So before your file a petition, read and research. Don't rush into filing without something solid as it is very easy to get your petition thrown out.  

Thank you for your words of encouragement I certainly need them at this point. I plan on at least consulting with a attorney to see my best options. I have read that the i-130 has no way of denying the visa based on criminal history, that is why I mentioned that in the earlier post. 

[KULtoATL 1,551]

Just now, Kj509 said:

Thank you for your words of encouragement I certainly need them at this point. I plan on at least consulting with a attorney to see my best options. I have read that the i-130 has no way of denying the visa based on criminal history, that is why I mentioned that in the earlier post. 

Yes, of course re: I-130. But as mentioned, the background check will come into play in either petition that you choose to file  There are equal chances of approval or denial for both.

[Villanelle 4,122]

What country is the intending immigrant from? Sometimes its make a difference...

 

The petitioner having a criminal record impacts the immigration process different depending on if it is K visa or CR spouse visa. For both there are certain convictions if the petitioner has (Adam Walsh Act) then neither process is really going to be possible realistically speaking.

 

None of what you described is under the Adam Walsh Act, so you dont need to worry about that.

 

There is a difference for other offenses as well between the 2 visa types. Two of the possible offenses are ones youve listed. Domestic violence (DV) and DUIs. This is how they impact each visa type:

 

For the K visa you need to disclose your DUIs and drug convictions. (because you have more then 3... lots more then 3) You ask for a waiver to be able to file for the 129f. The waiver is basic letter stating the circumstances and are almost always approved. However you will also need a waiver for the DV issues, so youre going to need the most significant waiver they have. They have 3 types for mild, moderate and severe and you would be 'severe'. Again, its often approved but no one can say for 100% it will be. More importantly, USCIS can approve your waiver- but then the Embassy Officer interviewing the immigrant may decide you are a risk to them and deny the visa.  So thats why I asked what Embassy it would be at.. some are tougher on it then others. Both the drugs and the DV can cause this issue of denial.

 

Theres a chance you can file the K visa and wait many months, pay lots of fees and then not be able to get it.

 

For the CR spouse visa, you dont need a waiver. Thats the main difference. In the K scenario you can get stopped right at the gate so to speak, with the CR visa you are not. This is probably what you read about since you say- the 130 can not deny based on criminal. The waiver is where the K can stop it. But again the Embassy can refuse the visa even with your approved 130!. They technically can not deny you guys because of the convictions- but they can use the conviction against you. They can suggest/believe that you are of poor moral character and unable to make a statement of "I entered the marriage in good faith". So because of that you can be denied. 

 

Its harder to be denied for spouse visas because of DV issues. If you go the K route and are denied, youd have to file the CR one. If you file the CR one and are denied you can refile or sometimes get a second look with the help of your congressperson or attny. But if it ends up being denied/dead youd refile and most likely get approved. The USCIS seems to 'like' when they give certain people a hard time and then the people come back again demonstrating their seriousness.  

 

For both visa types you need to be sure the immigrant is aware of things, has copies of police reports and can give strong answers affirming their position of wanting the relationship even knowing your past. The longer it was in your past the better. 

 

 

[Kj509 9]

I spoke to 5 immigration attorneys today and have 2 who are confident I can make it through this process (a little longer) and 1 who suggested filing a i-130 cr-1 as I have no offenses related to the awa laws. I will keep this thread up to date because I know how devastated I felt when I read the potential roadblocks and was crushed with the idea my past will prevent a wonderful woman from migrating here. After reading about the imbra requirements the attorney's agreed that it is more about honesty and disclosure and based off of my answers as long as my fiance knows the whole truths they believe it will be up to her to continue or not... To answer one of the questions she is from the Philippines. Thank you for all the feedback.

[distancebetweenus 1]

On 3/24/2017 at 4:11 PM, Damara said:

What country is the intending immigrant from? Sometimes its make a difference...

 

The petitioner having a criminal record impacts the immigration process different depending on if it is K visa or CR spouse visa. For both there are certain convictions if the petitioner has (Adam Walsh Act) then neither process is really going to be possible realistically speaking.

 

None of what you described is under the Adam Walsh Act, so you dont need to worry about that.

 

There is a difference for other offenses as well between the 2 visa types. Two of the possible offenses are ones youve listed. Domestic violence (DV) and DUIs. This is how they impact each visa type:

 

For the K visa you need to disclose your DUIs and drug convictions. (because you have more then 3... lots more then 3) You ask for a waiver to be able to file for the 129f. The waiver is basic letter stating the circumstances and are almost always approved. However you will also need a waiver for the DV issues, so youre going to need the most significant waiver they have. They have 3 types for mild, moderate and severe and you would be 'severe'. Again, its often approved but no one can say for 100% it will be. More importantly, USCIS can approve your waiver- but then the Embassy Officer interviewing the immigrant may decide you are a risk to them and deny the visa.  So thats why I asked what Embassy it would be at.. some are tougher on it then others. Both the drugs and the DV can cause this issue of denial.

 

Theres a chance you can file the K visa and wait many months, pay lots of fees and then not be able to get it.

 

For the CR spouse visa, you dont need a waiver. Thats the main difference. In the K scenario you can get stopped right at the gate so to speak, with the CR visa you are not. This is probably what you read about since you say- the 130 can not deny based on criminal. The waiver is where the K can stop it. But again the Embassy can refuse the visa even with your approved 130!. They technically can not deny you guys because of the convictions- but they can use the conviction against you. They can suggest/believe that you are of poor moral character and unable to make a statement of "I entered the marriage in good faith". So because of that you can be denied. 

 

Its harder to be denied for spouse visas because of DV issues. If you go the K route and are denied, youd have to file the CR one. If you file the CR one and are denied you can refile or sometimes get a second look with the help of your congressperson or attny. But if it ends up being denied/dead youd refile and most likely get approved. The USCIS seems to 'like' when they give certain people a hard time and then the people come back again demonstrating their seriousness.  

 

For both visa types you need to be sure the immigrant is aware of things, has copies of police reports and can give strong answers affirming their position of wanting the relationship even knowing your past. The longer it was in your past the better. 

 

 

Hello there.. We are in this predicament and i was hoping if you can shed some light.. Petitioner has 3 or more drug and alcohol related crimes. We submitted all the court records and explanation of all thr criminal records.. My worry is do we really need to file a waiver? Is the waiver letter has to have a word of waiver... A letter explaining of the criminal record and how it's all in the past can be assumed as waiver? Thank you in advance. 

[TBoneTX 45,324]

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