Please help! petitioner with criminal record

[databit 328]

3 hours ago, mccabby said:

Sorry, I don't know anything about criminal stuff since 

I do hope that you understand that being a convicted felon has a major impact on being able to be hired for many types of employment, for most government agencies, and to get some professional licenses. This may affect your financial future.

[caliliving 606]

If the usc has a crime unless it is under the awa you are fine!!!

 

Luckily your husband is the usc. U won't have an issue..if it was the foreigner then good luvk!! Lots of foreign women on VJ getting marriage greencare from their USC husband who is in jail!!! Yes, prisoners in jail can bring over a foreign spouse. 

[mccabby 2]

1 hour ago, JFH said:

I can't speak for fiancé visas but my husband petitioned my CR-1 and he has a felony. I was questioned about it at the embassy (see my review in my timeline).

 

A word of caution to the OP, made sure you familiarize yourself with every detail of his cases - dates, county and state, punishment. I took a copy of my husband's J&S to the interview and I had signed my name on the top right of every page to show I had seen every page of it. The CO was pleased with that. You very likely will be asked such details at the embassy so that the CO can be satisfied that your boyfriend has been up front with you about everything and you are well aware of what you are getting yourself into. The DWI would be the one that would worry me the most. 

Thank you, I will indeed check out your review on your timeline. And yes, once he sends me all of his court documents/police reports I will look over all of them to make sure I know every bit of detail. I hope everything goes well and his felony doesn't ruin our chances of being approved for the k-1. The dwi worries me as well, once I get the papers I'll update everyone (if anyone cares haha) but I really hope the charges were dropped since the cop didn't show up to court..fingers crossed. And great idea about signing the top every page...ill be stealing that when/if the time comes.....lol

[mccabby 2]

1 hour ago, databit said:

I do hope that you understand that being a convicted felon has a major impact on being able to be hired for many types of employment, for most government agencies, and to get some professional licenses. This may affect your financial future.

Yes, I understand that but, he's had steady employment for years  (he straightened up his life fast after the conviction haha)  so his felony really isn't holding him back that much. My criminal background is completely clean so I think we'll be okay,  thanks for the reply!

[mccabby 2]

59 minutes ago, caliliving said:

If the usc has a crime unless it is under the awa you are fine!!!

 

Luckily your husband is the usc. U won't have an issue..if it was the foreigner then good luvk!! Lots of foreign women on VJ getting marriage greencare from their USC husband who is in jail!!! Yes, prisoners in jail can bring over a foreign spouse. 

Gosh, I hope we'll be fine! and wow.... I never knew US citizens in jail can bring over a foreign spouse..lol thanks for the reply:)

[geowrian 22,337]

1 hour ago, caliliving said:

If the usc has a crime unless it is under the awa you are fine!!!

 

Luckily your husband is the usc. U won't have an issue..if it was the foreigner then good luvk!! Lots of foreign women on VJ getting marriage greencare from their USC husband who is in jail!!! Yes, prisoners in jail can bring over a foreign spouse. 

Well, it really depends on if it is covered under IMBRA or not as well. For a spouse, IMBRA doesn't apply so very few crimes are an issue for the I-130 on the petitioner's side. For the I-129F, there's a much broader set of crimes than can be an issue.

[Jeanne Adil 1,651]

He can get a crinimal investigation report at any point and i would do that before sending any application in / there may even be more than he has told you

also doing any drugs and sharing any instrustments, i would ask him to get a medical exam before i continued a relaionship with him

Good God girl,  protect yourself and a future family

Do you really need to marry someone with this background?

Sorry if i should cruel but there are many men out there to choose from

 

[Ashley Scott 180]

9 hours ago, mccabby said:

Thank you, I will indeed check out your review on your timeline. And yes, once he sends me all of his court documents/police reports I will look over all of them to make sure I know every bit of detail. I hope everything goes well and his felony doesn't ruin our chances of being approved for the k-1. The dwi worries me as well, once I get the papers I'll update everyone (if anyone cares haha) but I really hope the charges were dropped since the cop didn't show up to court..fingers crossed. And great idea about signing the top every page...ill be stealing that when/if the time comes.....lol

I wouldn't sweat it too much.  The criminal background of the USC doesn't seem to matter near as much as the beneficiary.  That is not saying its not important, just that it doesn't seem to be scrutinized as much.  Just make sure you're honest and have the paperwork to back it up.  I don't know if this is a new thing or not.  My fiancé and I were never asked about anything with my criminal background throughout the entire process.  In fact, at his interview the embassy in London provided him a copy of my criminal background check after he was approved.  It made for a good laugh because he brought up a ticket that I received when I was 18 that I totally forgot about.  I didn't even know that they ran a background check on me until that day.  I also (not proud of but was being young and dumb) have a DUAC on my record (similar to DWI, and my fiancé did know all about this) and it was not brought up nor did it cause any issues with our petition. 

 

Good luck to you guys.  Hope your process goes smoothly!

[Bandt 87]

2 hours ago, adil-rafa said:

He can get a crinimal investigation report at any point and i would do that before sending any application in / there may even be more than he has told you

also doing any drugs and sharing any instrustments, i would ask him to get a medical exam before i continued a relaionship with him

Good God girl,  protect yourself and a future family

Do you really need to marry someone with this background?

Sorry if i should cruel but there are many men out there to choose from

 

Lol watch out for him sharing those marijuana needles

[mccabby 2]

1 hour ago, adil-rafa said:

He can get a crinimal investigation report at any point and i would do that before sending any application in / there may even be more than he has told you

also doing any drugs and sharing any instrustments, i would ask him to get a medical exam before i continued a relaionship with him

Good God girl,  protect yourself and a future family

Do you really need to marry someone with this background?

Sorry if i should cruel but there are many men out there to choose from

 

haha thanks for your concern but we've known each other for over 5 years, there is absolutely nothing he hasn't told me. We've visited each other many times and I've stayed at his place many times and he has NEVER drank or done drugs I've never even seen him drink a beer lol. We call each other throughout the day and once we're home from work we usually talk on the phone for hours. Trust me, I am a very cautious person when it comes to my own safety and I would definitely not be with someone if I knew they drank or did drugs.

[NYCruiser 423]

17 hours ago, mccabby said:

Guys! I'm sorry I didn't say we were going to lie we just honestly weren't sure if we were supposed to put it down cause I thought you were only supposed to mention if you had 3 convictions for substance and we thought it only counted as 2. We are new to this and don't really know what we're doing but now that we know of course we'll mention it!

I hope everything works out. This is very arduous, opaque most of the times, expensive and intrusive process. USCIS goes through everything for both of you...FBI, Credit Records, Court Records, ANY fingerprints taken, Interpol, CIA etc....so yes honesty is the only answer here.

 

Good luck

David

[kris&me 572]

A criminal investigation  is done on alll of us by Homeland Security when we submit an applicaiton / this is why we subit our personal info like SS number and places we have lived and any last names we have used 

they don't have to ask about it / they know thru computers and police reports

[pend 8]

Good to hear he has cleaned up his act and you guys are happy together. Honestly I have heard of stories of prisoners (while still IN prison) get married on a K1 so the fact that he is working and not in prison is a good sign. As long as you are honest and have all your records you should be fine! 

[USAMorocco 143]

18 hours ago, acidrain said:

Does anyone know how much immigration cares about the USC spouse having a record? I actually never considered it and more curious as to the answer. For some reason I thought they only cared about the person immigrating. Would there be any implication for the USC having a criminal record to sponsor a fiance?

Very serious. It was serious enough that when I didn’t send my final dispositions in they sent me an RFE. 

 

They already know your record. They get the FBI and homeland security checks. They want the final ruling from the judge. Not everything is reported to the FBI data base. 

[David & Diana R 1,005]

On 11/29/2017 at 12:10 PM, mccabby said:

My fiance ( the US citizen) and I have started preparing our i-129f but I'm a little confused on the criminal part of the form. My fiance (the US citizen/Petitioner) was arrested for drug possession(marijuana) with intent to deliver and somehow it turned into a felony because he got arrested again for theft a month or so later while he was on probation or something along those lines, he doesn't really remember because its been about 10 years.Healso has a dwi from 10 years ago,but the cop who arrested him did not show up to court so we believe the charges were dropped but we're not 100% sure (We are going to ask him mom is she has any of his court papers). Would we need to check yes on the i-129f form? What are the chances of being denied? I'm extremely stressed out over this because he thinks we shouldn't mention it since there isn't more than 3 convictions for controlled substance but considering it turned into a felony i think he should mention it? If someone could help me out that'd be awesome, thanks!

You must ALWAYS TELL THE TRUTH.  You cannot "OMIT" any information.  Omission is just another word for lying.  Lying at this point could end up in a lifetime ban.