A Messy Upcoming Immigration Endeavor - Waiver Needed?

[CoastieGirlOnline 0]

Hi all! I used to frequent these forums a long time ago, but I couldn't seem to find the info I was looking for in places I thought I recalled it being. I am hoping it's ok for me to summarize a potential immigration application for my future husband.

 

For background: I am a Naturalized US Citizen and US Military Vet if that matters. My future husband and I live in Canada right now, but I really want to move back to the US so I can be closer to the VA and all the resources the VA can provide for me.

 

Unfortunately, my future husband has a past.

 

He has two DUIs from about 2014 and 2016. There was no court or criminal charges, but they suspended his license both times.

On top of that, he had a summary conviction Assault charge in 2020. He served probation and had to do some anger management courses. Not that it matters, but this one happened more from an unfortunate circumstance where he ended up taking the fall for something he shouldn't have. But, there it is and he is stuck with it. He has not applied for or received a pardon, but that is our plan when he is eligible.

 

I really need to get myself back down to the US where I have resources, but I am worried I might have to choose between being with him or going there alone.

Can anyone advise if they think a waiver is needed? How long a waiver is taking these days?

I know he can't even cross the border with the charges he has, so I'm expecting either this is a complete no-go, or that there will be a lengthy battle here. Any feedback is very much appreciated!

[Lemonslice 4,831]

Short term, it might be easier to relocate to a Canadian border town, close to a VA on the American side. 

 

Have you filed anything yet?  Others will be able to tell if he might be offered a waiver, but not all offenders do.  Here is a recent thread about it; a few great lawyers are listed too.   Also, he might be delayed at the medical with his DUIs; is he sober now?

 

 

Edited Thursday at 03:48 AM by Lemonslice

[CoastieGirlOnline 0]

Hi Lemonslice, we have not filed anything yet. We are in discussion mode. We are trying to gauge via Visajourney whether this will be doable at all before we proceed. I think I need to go back to the US no matter what. It's just a matter as to whether he can come or not. If we think he can, we'll get married and file the paperwork. If not, heartbreak awaits, but I need better care and resources with my veteran resources down there. Is  he sober? Well, he doesn't get DUIs anymore, but he does still drink. Does he abuse alcohol? No. Does he still enjoy it? Yep!

Edited Thursday at 04:00 AM by CoastieGirlOnline

[CoastieGirlOnline 0]

For anyone reading, the title of my post should state "Waiver Needed?" (With a question mark.) Somehow I missed the question mark and can't edit it. I'd like to know if others think a waiver will be needed. Or do I just file and find out?

[Dashinka 24,477]

2 hours ago, CoastieGirlOnline said:

For anyone reading, the title of my post should state "Waiver Needed?" (With a question mark.) Somehow I missed the question mark and can't edit it. I'd like to know if others think a waiver will be needed. Or do I just file and find out?

Hit the three dots in the upper right of you original post and choose the report selection where you can request a moderator to modify the title of your post.

[Boiler 45,441]

The 2 DUIs look more of a medical issue, the Assault might need a waiver.

[Ban Hammer 13,326]

9 hours ago, Dashinka said:

Hit the three dots in the upper right of you original post and choose the report selection where you can request a moderator to modify the title of your post.

stop making work for me........

Edited Thursday at 05:36 PM by Ban Hammer