Petitioner with a criminal record

[Harperwawro 3]

 

Hello everyone,

I am new to this website, but I have been trying to find some answers for a few months now, and tonight I  was directed here to search for advice. I will give you fair warning,  you may want to get comfy, grab a snack and a drink, because this post isn’t going to be short.. 

 

 

So here it goes... I am a Canadian citizen currently living in Canada, and attending university. My fiancé is a US citizen. We have been dating for almost 2 years, and I have travelled back and forth from Canada to the US to visit throughout the duration of our relationship (he can not enter Canada due to having a criminal record, we will get into more detail regarding that soon) after researching for the last few months, I can not seem to find a definite answer, so I will try to explain and hope someone may have been in a similar situation and can offer some help. 

 

After researching the internet regarding immigration, I stumbled across a few websites that mentioned that the petitioners background is checked when they file an I-130 petition. The only information that I have been able to find on the USCIS website pertaining to offenses that prevent a petitioner form sponsoring a spouse are those that fall under the Adam Walsh protection act, which are offenses against a minor. HOWEVER, After doing more research, I have found a lot of websites and blogs mentioning that if a petitioner has a history of violence ( for example assault and battery, domestic violence etc) this too could prevent them from petitioning for their spouse. For the record, I have been been in trouble with law enforcement in my entire life, so my criminal record is squeaky clean! 

 

My fiancé was very up front with me from the beginning of our relationship, and explained that he had an extensive criminal record, due to a past drug/ alcohol addiction that lead him down a not so great road for about 10 or so years of his life.

 So, After learning about the potential of being denied due to his past criminal history, we decided to pay for a criminal record check.. and let’s just say he wasn’t lying when he said it was extensive. This is when panic set in ( thinking about the possibility of being denied) as I am scrolling through page after page of his record: 

 

He has multiple ( 9 to be exact) assault and battery misdemeanors,  1 breaking and entering misdemeanor, 1 possession of class A substance misdemeanor,  1 malicious destruction of property misdemeanor, 1  violation of abuse prevention act misdemeanor, 2 misdemeanor charges for driving with a suspended license, 1 shoplifting misdemeanor, 1 disorderly conduct misdemeanor, 1 possession of alcoholic beverage as a minor misdemeanor, and 1 felony charge of intimidation, and 1 felony charge assault with a deadly weapon. 

 

He has changed his life completely, works 6 days a week, has been sober for over 2 years (free from alcohol and drugs) has completed anger management classes, Has attended regular AA meetings, and has been taking care of his elderly parents for the last 2 years. He has had some hiccups along the way ( not drug related) ( his sons mother lied to the police and told them that he threatened her, after she showed up unannounced at his home pissed off over a custody battle, so they charged him with domestic assault. He has hired a great attorney and is currently fighting against her accusations in court). 

 

I know, this entire situation probably sounds like an episode of Maury, but I promise we are normal people lol 😂 I am a nursing student with  a good head on my shoulders, and would never date someone if I felt as if my life was in danger. we have had a great relationship and I have never once felt as if I was in an unsafe relationship.In fact,  had he not been upfront with me about his past, I would have never in a million years guessed that he would even have a criminal record. 

 

Annnyways, if you have read this far, bless your soul for being committed. My questions are, has anyone been in a similar situation? If so, were you denied? Can USCIS actually deny his petition due to his past criminal history, if his charges do not pertain to the Adam Walsh protection act?  or are they more so concerned about my criminal history?  It does not ask anything about the petitioners criminal history on the i-130 forms, so where does this come into play? 

 

Thank you for taking the time to read this, and also thank you in advance to anyone who has any information to offer! 

 

Sincerely,

Harper 

 

 

 

 

 

[Ryan H 3,834]

35 minutes ago, Harperwawro said:

I have found a lot of websites and blogs mentioning that if a petitioner has a history of violence ( for example assault and battery, domestic violence etc) this too could prevent them from petitioning for their spouse.

 

What you may have read doesn't replace statute and statue only addresses offenses that fall under the Adam Walsh Act.

[Sparkle Sparkle 914]

The only way to find out is go ahead and file for him... It's going to be a long immigration journey, you would probably get bounced off a couple of service centers (Vermont or Nebraska)  in the end you will find out if you will get it or not...once the petition is approved the rest is easy. 

Just incase it's not maybe you both should think about making your home somewhere else besides Canada or America... Australia, 27 EU countries plus Germany, New New Zealand are fine countries too

Edited April 30, 2020 by Sparkle Sparkle

[Harperwawro 3]

4 minutes ago, Sparkle Sparkle said:

The only way to find out is go ahead and file for him... It's going to be a long immigration journey, you would probably get bounced off a couple of service centers (Vermont or Nebraska)  in the end you will find out if you will get it or not...once the petition is approved the rest is easy. 

Just incase it's not maybe you both should think about making your home somewhere else besides Canada or America... Australia, Germany, New New Zealand are fine countries too

I have considered the option of us both moving to a different country, however, I’m not even sure that would be an option for him due to his record. He would be required to submit a background check when applying for immigration to any of those countries, which would leave him inadmissible. 

 

[millefleur 5,047]

Tagging @JFH who I believe was in a similar situation (USC husband with criminal record).

[geowrian 22,338]

Nothing you mentioned prevents him from petitioning a spouse.

At the same time, I would also be sure to know the details of the history as you may be asked about extensively it to be sure you are aware of what you are getting into. Two years is not a long time, and more hiccups are likely to follow.

[SalishSea 18,225]

52 minutes ago, Sparkle Sparkle said:

The only way to find out is go ahead and file for him

I think you misread the post.

[TOtoVA 4]

Tough break for you both! I would advise speaking to a lawyer about your chances on immigration to set a realistic expectation here. Good luck!

[pushbrk 13,195]

Unless the US Citizen petitioner has a conviction for a sex crime against a child, (Adam Walsh Act) their criminal record is not an issue.  They could be on parole for armed robbery and it wouldn't matter.  You don't need an attorney to learn this.  It's possible the beneficiary will be asked if they are aware of all the record, but since they are, no problem.

 

You also do not have to file to find out.   NOW, you KNOW.  Carry on!

[JFH 12,191]

The record isn’t an issue. People actually in prison for murder have petitioned spouses. My husband has a felony and also a history of addiction. 
 

The consular Officer is likely to ask you about his record, the assault with a deadly weapon would probably be what they are particularly interested in, just to make sure you understand exactly what you are getting into. See my profile for a summary of my interview. I was asked more than once about my husband’s felony and whether I was fully aware of what it means, what happened, etc. 

[Steffy Stef 123]

9 hours ago, Harperwawro said:

 

Hello everyone,

I am new to this website, but I have been trying to find some answers for a few months now, and tonight I  was directed here to search for advice. I will give you fair warning,  you may want to get comfy, grab a snack and a drink, because this post isn’t going to be short.. 

 

 

So here it goes... I am a Canadian citizen currently living in Canada, and attending university. My fiancé is a US citizen. We have been dating for almost 2 years, and I have travelled back and forth from Canada to the US to visit throughout the duration of our relationship (he can not enter Canada due to having a criminal record, we will get into more detail regarding that soon) after researching for the last few months, I can not seem to find a definite answer, so I will try to explain and hope someone may have been in a similar situation and can offer some help. 

 

After researching the internet regarding immigration, I stumbled across a few websites that mentioned that the petitioners background is checked when they file an I-130 petition. The only information that I have been able to find on the USCIS website pertaining to offenses that prevent a petitioner form sponsoring a spouse are those that fall under the Adam Walsh protection act, which are offenses against a minor. HOWEVER, After doing more research, I have found a lot of websites and blogs mentioning that if a petitioner has a history of violence ( for example assault and battery, domestic violence etc) this too could prevent them from petitioning for their spouse. For the record, I have been been in trouble with law enforcement in my entire life, so my criminal record is squeaky clean! 

 

My fiancé was very up front with me from the beginning of our relationship, and explained that he had an extensive criminal record, due to a past drug/ alcohol addiction that lead him down a not so great road for about 10 or so years of his life.

 So, After learning about the potential of being denied due to his past criminal history, we decided to pay for a criminal record check.. and let’s just say he wasn’t lying when he said it was extensive. This is when panic set in ( thinking about the possibility of being denied) as I am scrolling through page after page of his record: 

 

He has multiple ( 9 to be exact) assault and battery misdemeanors,  1 breaking and entering misdemeanor, 1 possession of class A substance misdemeanor,  1 malicious destruction of property misdemeanor, 1  violation of abuse prevention act misdemeanor, 2 misdemeanor charges for driving with a suspended license, 1 shoplifting misdemeanor, 1 disorderly conduct misdemeanor, 1 possession of alcoholic beverage as a minor misdemeanor, and 1 felony charge of intimidation, and 1 felony charge assault with a deadly weapon. 

 

He has changed his life completely, works 6 days a week, has been sober for over 2 years (free from alcohol and drugs) has completed anger management classes, Has attended regular AA meetings, and has been taking care of his elderly parents for the last 2 years. He has had some hiccups along the way ( not drug related) ( his sons mother lied to the police and told them that he threatened her, after she showed up unannounced at his home pissed off over a custody battle, so they charged him with domestic assault. He has hired a great attorney and is currently fighting against her accusations in court). 

 

I know, this entire situation probably sounds like an episode of Maury, but I promise we are normal people lol 😂 I am a nursing student with  a good head on my shoulders, and would never date someone if I felt as if my life was in danger. we have had a great relationship and I have never once felt as if I was in an unsafe relationship.In fact,  had he not been upfront with me about his past, I would have never in a million years guessed that he would even have a criminal record. 

 

Annnyways, if you have read this far, bless your soul for being committed. My questions are, has anyone been in a similar situation? If so, were you denied? Can USCIS actually deny his petition due to his past criminal history, if his charges do not pertain to the Adam Walsh protection act?  or are they more so concerned about my criminal history?  It does not ask anything about the petitioners criminal history on the i-130 forms, so where does this come into play? 

 

Thank you for taking the time to read this, and also thank you in advance to anyone who has any information to offer! 

 

Sincerely,

Harper 

 

 

 

 

 

In my opinion I would include all the things he has done to change his life. All the things that you have listed. 

[Letspaintcookies 2,310]

11 hours ago, Harperwawro said:

 or are they more so concerned about my criminal history?  It does not ask anything about the petitioners criminal history on the i-130 forms, so where does this come into play? 

After the I-130 spousal petition got approved you'll file the DS-260. That's the actual visa application and there it will be all about you. 

[pushbrk 13,195]

6 hours ago, Steffy Stef said:

In my opinion I would include all the things he has done to change his life. All the things that you have listed. 

There is no place to include such things and no reason to.  There are no questions on the I-130 about the US Citizen's criminal record on the I-130.  The I-129F, yes, but that is not applicable in this case.

[pushbrk 13,195]

12 hours ago, TOtoVA said:

Tough break for you both! I would advise speaking to a lawyer about your chances on immigration to set a realistic expectation here. Good luck!

NOPE.  Not any kind of break at all.  Speculation based on no actual knowledge is the opposite of helpful.  We're here to help each other.

[Harperwawro 3]

Thank you so much to everyone who has taken the time to reply to my questions! I really do appreciate all of your Input! I had spoke to a woman from USCIS a few months back on the phone regarding the situation, and she had told me that if the officer felt that my life was in danger, and that we could not prove beyond a reasonable doubt that he would not reoffend, it was up to the officers discretion as to whether they would approve our application or not, she told me she has seen applications be denied due to the petitioners having a violent past. I asked further questions and she was not even aware of the Adam Walsh Act, so I felt as if her answers were conflicting ( I felt as if she really didn’t know what she was talking about) so I have just been trying to find as much information I can when it comes to this type of situation. 

 

Thanks again! And I really appreciate the info!!! Keep it coming!