Sponsor background check?

[Greenmind76 0]

This may sound like an odd question but a few years back I was convicted of a crime which I've found may stop me from sponsoring my fiance.  My fiance is currently here in the US and we intend to get married but because of her status (DACA) the only way she can feasibly gain permanent green card is through marriage.  If I am disqualified, I don't know what we're going to do as this would potentially mean we have no reasonable options available.

 

I've had several background checks for work in the last few years and all showed up as clear on the state and federal level.  My conviction was a county based misdemeanor and they don't seem to show up on most reports.  I know the recipient of the green card does an FBI fingerprint check which is very thorough.  What does the sponsor background check look like?  Also, I'm not saying I would not disclose the conviction, only that the law shows I was convicted of seems to show up as something different unless the county is contacted for additional information.

 

Any thoughts?

 

 

[AOSFairfax 111]

48 minutes ago, Greenmind76 said:

This may sound like an odd question but a few years back I was convicted of a crime which I've found may stop me from sponsoring my fiance.  My fiance is currently here in the US and we intend to get married but because of her status (DACA) the only way she can feasibly gain permanent green card is through marriage.  If I am disqualified, I don't know what we're going to do as this would potentially mean we have no reasonable options available.

 

I've had several background checks for work in the last few years and all showed up as clear on the state and federal level.  My conviction was a county based misdemeanor and they don't seem to show up on most reports.  I know the recipient of the green card does an FBI fingerprint check which is very thorough.  What does the sponsor background check look like?  Also, I'm not saying I would not disclose the conviction, only that the law shows I was convicted of seems to show up as something different unless the county is contacted for additional information.

 

Any thoughts?

 

 

From what I've seen on here, USCIS background checks tend to be very thorough and uncover all past offenses so I would bet on them knowing about it and definitely disclosing it. As far as I know, only some offenses against minors disqualify you from petitioning your fiancé: 

https://www.boundless.com/immigration-resources/green-card-sponsors-with-criminal-records/

 

Anyone who has more experience in this field though, feel free to correct me

[Loren Y 2,756]

Go request your FBI records. I do it once a year to make sure it is clear due to my employment. Link with basic instructions below. If it doesn't show on this report, your good.

 

https://eforms.com/consent/background/fbi/

 

Note: the majority of work or employment background checks are just done against your SS Number and name, and you previous location history and are honestly not very thorough. Your federal records are run based on your actual fingerprints, and then backed up with SS number and name history. If you were fingerprinted at any time during your life by a police agency, the record is on your federal file. If they never took your fingerprints ( Very doubtful) you may be clear. So unless you did a full Fingerprinting background check for an employer, I have done many due to work ( Armored car driver/ ATM technician / Law enforcement / Military Base and installation access badges, etc. I even have done a few polygraphs in my work history) you haven't done a " Real" Background check. The one done by Mcdonalds is not very accurate for example.

Edited July 18, 2019 by Loren Y

[pushbrk 13,221]

First, you are not required to disclose any criminal record or offenses in a spouse visa process.  You are in a fiancee process, but your circumstances require a spouse visa.

 

Second, for a US Citizen Petitioner, the only kind of criminal record that would disqualify you is one that falls under the Adam Walsh Act.  That would be a sex crime against a child.  If your crime was not one of those, stop worrying and get on with your life.

[Greenmind76 0]

On 7/18/2019 at 6:35 PM, pushbrk said:

First, you are not required to disclose any criminal record or offenses in a spouse visa process.  You are in a fiancee process, but your circumstances require a spouse visa.

 

Second, for a US Citizen Petitioner, the only kind of criminal record that would disqualify you is one that falls under the Adam Walsh Act.  That would be a sex crime against a child.  If your crime was not one of those, stop worrying and get on with your life.

 

My crime could be considered part of the Adam Walsh Act.  That is the issue.  Google search tells me that to sponsor for a green card I would have to undergo a background check.  Unfortunately it does not say the type or degree the check would be.  Do you have any references to your statement?

[pushbrk 13,221]

8 hours ago, Greenmind76 said:

 

My crime could be considered part of the Adam Walsh Act.  That is the issue.  Google search tells me that to sponsor for a green card I would have to undergo a background check.  Unfortunately it does not say the type or degree the check would be.  Do you have any references to your statement?

Just Google Adam Walsh Act Immigration.  They will find all crimes.  If one falls under the act, there is a procedure to be followed, but with no great odds of success.