Petitioner with a criminal record

[pushbrk 13,196]

1 hour ago, Harperwawro said:

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! 

We call it the misinformation line for a reason.  When the reps go "off script" they are speculating based on no actual knowledge.  They don't work anywhere near where petitions are adjudicated and do NOT see results.  They take calls and give answers from scripts.

[Harperwawro 3]

11 minutes ago, pushbrk said:

We call it the misinformation line for a reason.  When the reps go "off script" they are speculating based on no actual knowledge.  They don't work anywhere near where petitions are adjudicated and do NOT see results.  They take calls and give answers from scripts.

Your replies make me feel a lot better!  You seem very knowledgeable! Are you an immigration lawyer? If not you should be!! 

[pushbrk 13,196]

3 minutes ago, Harperwawro said:

Your replies make me feel a lot better!  You seem very knowledgeable! Are you an immigration lawyer? If not you should be!! 

Not an lawyer of any kind.  You could Google "Who is Pushbrk?" as indicated in my signature below.

[Villanelle 4,122]

Im a bit confused here- are you guys married?  Cause you keep referring him to as your fiance? 

 

 

 

[Harperwawro 3]

1 hour ago, Villanelle said:

Im a bit confused here- are you guys married?  Cause you keep referring him to as your fiance? 

 

 

 

No we are not married @villanelle.. we are engaged, we wanted to be informed, and know what we are up against before getting married. 

[geowrian 22,338]

I'll just reiterate that there are more criminal limitations for a fiance/fiancee petition than that of a spousal petition. For the spousal visa path, being aware of the history is the main item (and not having an AWA crime, obviously).

[Harperwawro 3]

19 minutes ago, geowrian said:

I'll just reiterate that there are more criminal limitations for a fiance/fiancee petition than that of a spousal petition. For the spousal visa path, being aware of the history is the main item (and not having an AWA crime, obviously).

Okay great thank you for letting me know. We did not plan on applying for a k1 visa, our plan was for me to go there on a visitors B2 visa get married then I would come back to Canada and he would apply for I-130. ( which from my understanding is the proper way of doing it?)  I know that some people will go on a B2 visitors visa and get married and apply for I-130 and adjustment of status at the same time, but technically it’s illegal and is frowned upon by USCIS, we just want to do everything the right way, and want to make sure we are making the right decisions. 

[pushbrk 13,196]

36 minutes ago, geowrian said:

I'll just reiterate that there are more criminal limitations for a fiance/fiancee petition than that of a spousal petition. For the spousal visa path, being aware of the history is the main item (and not having an AWA crime, obviously).

Sort of.  Even for a fiance visa process, it is ALL about informing the fiance(e) unless it's AWA related.  It just that in a fiance process, there ARE questions to answer and records to include, where with a spouse there are not.  NON AWA criminal records for the USC will not cause a petition denial for fiance or for spouse.

[geowrian 22,338]

31 minutes ago, Harperwawro said:

Okay great thank you for letting me know. We did not plan on applying for a k1 visa, our plan was for me to go there on a visitors B2 visa get married then I would come back to Canada and he would apply for I-130. ( which from my understanding is the proper way of doing it?)  I know that some people will go on a B2 visitors visa and get married and apply for I-130 and adjustment of status at the same time, but technically it’s illegal and is frowned upon by USCIS, we just want to do everything the right way, and want to make sure we are making the right decisions. 

Yes, the correct process would be to marry (anywhere is fine) then complete processing outside the US. Entering with intent to stay would be fraudulent.

[Ontarkie 14,564]

~~One post removed for posting information from a PM. Another post for quoting. Please do not post information from a PM. It is a TOS Violation.~~

Edited May 1, 2020 by Ontarkie

[TOtoVA 4]

6 hours ago, pushbrk said:

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.

I definitely thought my comment was helpful. 😕 tough break = tough situation/ empathizing with the poster. Also, my advice to seek out legal counsel as I had no knowledge or advice to give. Finally my good luck indicating I wish her and her partner the best 
Good vibes here