Help Needed, K1 Visa and Criminal Record

Immigration Links - Immigration Forum: Immigrant Visas - Family: Help Needed, K1 Visa and Criminal Record
By
Kelly Daken on Thursday, February 1, 2001 - 05:38 am:

Hello All,
I am an Australian and my Fiancee is a US Citizen, she has filed an I129F for me to marry her in the US. I think that we are OK with most issues, however i have a criminal record for exceding the speed limit here in Australia. What happened was I got caught several times in a few month period exceding the speed limit by photographic detection devices. I was unable to pay the fines and they went to court (not actually just swapped computers and added about $200 to each fine) I have been paying off the fines (this is the only way you can get terms on fines in South Australia but they will show on my police clearance certificate, a waarant was issued for me when I was late with a payment, however i caught up on my own. i am not wanted now nor have I ever been arrested or penalised in any way but to pay the fines off. Will i need some sort of Waiver at the Sydney Consulate or is this not a crime of maral terpitude (I believe this is the term). i would really like to hear opinions on this.


By ImmigrationHelp on Thursday, February 1, 2001 - 09:11 am:

Dear Kelly:

Whenever any type of arrest, or court process, is involved, we always suggest that you take all of your court records and speak with an immigration law attorney before filing any papers with Immigration or the Consul.

As a general rule, traffic offenses for speeding (unless they involve recklessness, or endangerment to others) are not crimes involving moral turpitude. In addition, the failure to pay a fine is usually considered a regulatory offense that would not render you inadmissible to the US.

You must, of course, answer any questions on the visa application truthfully. In our opinion, and based solely on the limited information you have provided, you would not be precluded from receiving permanent residence in the US based on your speeding tickets. Good luck.


By Anonymous on Thursday, May 8, 2003 - 09:48 am:

Hello All. I'm a Canadian Citizen and came to the US, to meet my girl friend. Dureing that time we got married and we started my adjustment of Status paper work.

In the meantime, I discoverd from my brother back in Canada, that an arrest warrant had been issued against me, for an issue dealing with an ex employeer.

The issue was that while I was working there, we had some computers from the company come up for sale. I bought 1 for my self and got 4 more for some friends. I paid for them all and everything was fine. Now apparently 2 years after the fact the company turned around and stated that the computers were for sale only to Employee's and family and not to friends.

So I'm being charged with theft and fraud of nearly $10,000. I spoke to the crown attorney there who told me that they want to work a deal to no crimminal record, and my laywer told me that in his talks that they will drop the issue.

But I did not have an advance parole document so was unable to get across the border to enter my plee. So face a failure to appear order. The crown has told me to arrange with them when I can come up to deal with the situation.

My interview is comeing up, and someone told me that if you have an outstanding warrant you can be arrested on spot at the hearing.

I'm stuck in a catch 22 I cant go since I need my advance parole, I can't get advance parole since the hearing is in a few weeks.

My wife and I just had a baby, and I'm in a major panic. Someone else told me forget about it since its a local issue in Canada, and not a criminal record and you can't be held acocountable for something not yet done.

My Canadian lawyer says he can handle everything for me after I make my first apperance and I will never have to go back before the judge. I'm pretty confused and scared.


By Todd Hallam on Tuesday, March 9, 2004 - 04:47 pm:

Hi, I am a New Zealand citizen living in Australia with my english girlfriend. We are engaged and are moving to the uk in december and marrying late next year. If I apply for a fiance visa in the uk I can't work for 6 months which is not handy. Should I just go on a normal working holiday visa and go from there.....?
Please help as obviously I need to work over there but want to do the right thing for when we marry. Thanks.


By Anonymous on Tuesday, July 6, 2004 - 03:57 am:

I am in the process of waiting for my interview for my K3 visa with my 13 year old son. I do have a criminal record against me. I embezzled funds from a company I was working for, went to court and a conviction was made against me. I received a suspended sentence for 18 months which has since been completed. Will this past crime cause any problems in the approval of my visa?


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