crass1985

Hi everyone.

Hope you dont mind that my first post is asking for advice.

I am a male UK citizen, I met a woman online, I went to the US to stay with her for a few weeks.

Eventually we decided to get married. She is 47 and I am 29 We have been together 3 whole years, married for just under 2 years.
She came to the uk on a 6 month visa and we got married, she has overstayed her visa by a couple of years to be with me through the I130 process.
I have booked her a flight home as I am nearing my embassy interview date so I can hopefully join her and get my green card.

I have some circumstances that I believe will prevent me from gaining access to the USA. I have a criminal record, I havent been to prison or had any drug offenses, just petty things like drunk and disorderly, common assault and theft <500 pounds

I have been unemployed for 2 years but have an offer of employment through my wifes company that she herself is returning to.
My wifes nieces husband is going to be my affidavit of support.I have NOT re-offended in over a year and have nothing outstanding
Is it likely since we are married and that I have a job waiting for me in USA that I might be granted access to the USA????
My wife on the other hand has NO criminal record, she will be in employment in the coming weeks.
I just want to live with my wife can anyone give me any advice please?

Thank you in advance.

ian-mstm

I'm going to guess that she's a US citizen. You don't say, but it's actually very important!


That's great - but irrelevant. You are not required to have any earnings whatsoever... now, or in the future. That is why your wife must complete an I-864.


Your USC wife must be your sponsor, and must complete an I-864 on your behalf... whether or not she has the finances to do so. Your wife's nephew will be a joint sponsor and must also complete an I-864 on your behalf.


Being married to a USC will neither hurt you nor help you, and having a job waiting will make no difference whatsoever.


I'm curious as to why you think you will be prevented from getting a visa and entering the US. You will be required to provide an ACPO certificate and you must declare these incidents on your visa application... but it's unlikely that any of them are going to cause you a major issues. And even if any of them do cause an issue, they can be overcome fairly easily.

Ian

crass1985

Thank you for the quick reply. My wife is a USC. I am just worried about the moral turpitude that I see keeps being brought up and no clear answer to what it includes and if it will be an issue for my offenses. My wife has talked to many solicitors in the UK and they all seem to say I need to come in and have them fill out the I 601 waiver. I do not know if it is money they are after or it is really something I need.

ian-mstm

I'm going to guess that you completed ESTA and that travel was approved prior to your visit to the US. Theft is definitely a CIMT and would have effectively prevented you from using ESTA - unless you deliberately lied on the application and ticked "no" when you should have ticked "yes". However... if, at the time you completed the application, you weren't aware that theft is a CIMT, then you'll be fine. In order for this to be an issue, there must have been "willful misrepresentation" - meaning that you must have known that theft was a CIMT and that you ticked "no" anyway.


Nothing you've presented so far indicates that you're inadmissible.

Ian

crass1985

You are correct as I did not know what CIMT meant at all. I would have answered differently had I known what it meant. I have never tried to hide anything on any form. I just did not know what that was. We thought they were talking about felony charges and prison time. That I have never done. You have made me feel so much better about this entire stressful process. I just want to be able to have the interview be smooth and get approved so I can get to the US and be with my wife as soon as possible without any hiccups.

rpjs

My only red flag is that OP says he hasn't offended "in over a year" which does tend to imply that his last brush with the law isn't much earlier than that. That might not be long enough a period with a clean record to be confident of obtaining a waiver at this time.

S Folinsky

On first glance, I would be concerned about the medical examination on the drug abuse grounds. I'm somewhat surprised that no one else here has mentioned that.

There does seem to be one CIMT; whether the "petty offense" exception will apply I have no idea.

This response is deliberately fuzzy because I don't know all the facts, have not seen the paperwork and, as my signature states, I'm not acting as an attorney in this post.

BunnyGirl

He says he doesn't have any drug offences.

S Folinsky

I was very careful to refer to the "drug abuse grounds" which are NOT the same as the drug conviction [or "trafficking" which does not need a conviction]. It is true that OP state no drug offenses but that was immediately followed by "just petty things like drunk and disorderly..."

It is a common error for people with DUI's or "Drunk & disorderly" offenses to say they don't have drug offenses.

crass1985

I do not take drugs so therefor I do not have a drug addiction. I only mentioned no drug offenses because that seems to be a big problem in the US. I only drink on occasion as we do here in the UK. Please do not assume anything that is not stated as a fact about me as you do not know me. I posted exactly what my concerns were. I also do not drive so therefor I can not have a DUI. Which by the way I DO NOT have a DUI. I do not sell drugs nor am I associated with them in anyway.

ian-mstm

Great - but that's not the norm here. Most people who post looking for advice, have a tendancy to minimize and trivialize the details of their offenses - and so we often take everything said with a grain of salt. Mr. Folinsky, an experienced immigration attorney, often ferrets out clues discernable only by reading between the lines.

I'll note that his comment, "I would be concerned about the medical examination on the drug abuse grounds" isn't simply about drugs. Alcohol, while legal, is still a controlled substance and falls under the same umbrella - and US immigration law generally makes no distinction between legal and illegal substances.

He was correct to point out that your use of alcohol could be considered abusive since you, yourself, note that you have an offense while using alcohol. That's certainly not uncommon, but a physician could suspect that your use of alcohol, because of the offense, goes one step beyond... and you must take your ACPO certificate to your medical examination.

That all said, I don't think you'll have any problems getting the visa, but it would be remiss of us if we didn't point out that, on occasion, a seemingly minor thing can cause a problem.

Ian

civilservant

Alcohol is a drug. You have convictions for alcohol offences.

This will come up in your medical.

Folinsky is a professional, I would suggest you listen to his input.

crass1985

Ian thank you for the reply. I do have my medical records from my GP to take with me as well as my ACPO. I will post and let you know how my medical goes.

S Folinsky

I am not assuming anything. Ian has already expanded on what I am saying and other than a misuse of the term "controlled substance," he is spot on.

There is a tendency to focus on the criminal grounds of inadmissibility found in section 212(a)(2) of the Immigration & Nationality Act. However, section 212(a)(1) covers the "health-related grounds" of inadmissibility. Those grounds provide the reason an immigrant has to have immunizations. After inadmissibility for lack of immunizations, the following language appears:

That statutory language is quite broad. Alcohol related ARRESTS [without conviction] can lead to such a determination.

Please note that this is a medical determination, not a "moral" determination. Also, I have discovered that BRITISH medical standards are not all that different from U.S. ones.

crass1985

I do not feel that I have to defend myself on this forum. As I stated above I will post how my medical goes after it has been completed. I have read what is determined inadmissible based on medical. I had done so before I posted on here. Thank you for your input.