Yana002

Hi all,

I'm very new to this forum. I have been looking through the forum and already found a lot of useful information.
Still, I have a rather complicated question.

I've been with an American girl for about 4 years now. We are now engaged and we would like to live in the US.
I'm Belgian from nationality but live in the UK. Have been living here for about 8 years.

6 years ago I ran into trouble with the law and was charged and convicted for fraud. Done my community service.

Now I found out that it's rather difficult to move to the US if you have ever been convicted of a crime.

My question is now how will this work. As I'm a Belgian citizen, will these convictions come up when I apply for my K3-visa?
During all my time over here I was still registered in Belgium at my parents address. Never been in trouble in Belgium. So I can get a clean police record in Belgium.

Hope my question is clear and I'm looking forward to some good answers.

Kind Regards

Noorah101

Yes, because you will have to check *yes* to any question regarding your arrests and convictions, and provide an explaination. You will also need to provide police reports from any country you lived in for at least 6 months, over the age of 16, so you'll need one police report from Belgium and one from the UK. You'll also need to get any court records regarding your arrest/conviction to show the final outcome of it.

How this affects your ability to obtain a K-3 visa, I will leave to others more knowledgeable about visas and criminal history.

On a side note, why are you choosing K-3 instead of the more direct Immigrant Visa? Where are you planning on getting married?

Best Wishes,
Rene

Yana002

We are getting married in October of this year. I was of the idea that you needed to apply for a K3 visa when you want to get married in the US.

Will my criminal record make this all very difficult?

PS: My finacee is aware of what happened 6 years ago

ian-mstm

Difficult, but not impossible. There are so many variables, I'm not sure where to begin. First though, was it a CIMT - a crime involving moral turpitude? I don't know... you'll need competent legal advice for that one. You might want to research the I-601 waiver process just in case.


As part of the process, you will be required to get a police certificate from *every* place you have lived more than 6 months since you were 16 years old. Whether it shows up or not, you are *obligated* to disclose the arrest and conviction.


They may not be "good" answers... but they'll be honest answers!

Ian

ian-mstm

I think he means K-1 rather than K-3.

Ian

Noorah101

Are you thinking perhaps of the K-1 fiance visa? Do you want to come to the USA, marry your fiancee, and remain in the USA after that? If so, you are talking about a K-1 fiance visa. Not the spouse K-3 visa.

Possibly, since fraud might be a crime of moral turpitude. You might want to have at least a 1-time consultation with an immigration attorney who can tell you for sure how much of a problem this will be, and if a waiver is a possibility for you.

I'm glad to hear that. An honest relationship is always best.

Rene

Noorah101

I think you're right. I posted before I read your message.

Yana002

No, I meant to say K3 visa as I read that this is what you had to get to get into the US before you get married. Am I wrong?

We are indeed planned to get married in October and stay in the US.

ian-mstm

Yes, a K-3 is for people who are already married. If you plan to marry in the US and stay in the US, you're looking at the K-1.

Ian

Yana002

Sorry, my mistake.

Can anyone recommend an immigration lawyer?

Thank you

Noorah101

The K-3 is for people who are already married.

You want the K-1 visa, which allows you to come to the USA, marry your fiance, and continue to remain in the USA to get your green card.

Your USC fiance should get started NOW on filing the I-129F, and even then it will not be likely you'll meet an October wedding date. Make sure you don't make wedding plans which can't be changed or money refunded!!

Rene

Noorah101

www.ailalawyer.com. You can do this by phone, email, fax, etc. It doesn't have to be a live in person visit. I've heard the lawyers in the UK are more expensive than the USA.

Rene

Yana002

I'm talking about October 2009

Hence why I start looking now as I don't want any last minute problems

Noorah101

Ohhhhhhhhhh thanks for clarifying that! Whew. OK, good man! Plenty of time to get things sorted out, kudos to you!

I just looked again, and post #3 says "October of this year". I guess you meant to say "October of next year"?

Rene

fatbrit

For October 2009 with a 601 in the works, it's probably about time to start applying!