nelson2

Hello,

I am new to the forum. I am hoping someone here will be able to help. Here goes.....My fiancé is a dual citizen (USA/British). I am a British Citizen. We intend to get married in the US this November. Currently I have a waiver of ineligibility for 5 years, expires in 2020. (as a result of shoplifting in 2005). Since 2015 we have been spending approx. 4 months a year in the USA, albeit my fiancé has been spending more than 6 months in the US since 2015. We are considering moving to the USA in the near future, however this will depend on whether or not I would qualify for an IMMIGRANT VISA with a criminal record.

I have not seen any threads posted on this forum (my apologises, it may well be that I was unable to find them) dealing with Immigrant Visa with waiver of ineligibility, so the question is what are the chances of one getting a Immigrant Visa with a criminal record. Any help or suggestions would be greatly appreciated.

notaclue

tom169

Seek an immigration attorney for a consultation.

nelson2

Thanks for your reply. Yes, the outcome was 3 weeks jail time (apparently I had p.... off the judge). In 2014. I got a waiver for I year with multiple entries. In 2015 I got a 5 year waiver with multiple entry.

notaclue

scrubbedexpat099

Is it your intent to go on a K1 or marry and go for a CR1?

Basically what will happen is that yiu will be refused a visa like you were the B and then you will file a I 601 to waive the CIMT.

Rete

No, K-1. The OP said they were getting married in November. No time for a K-1.

scrubbedexpat099

True but not sure how much the OP knows about the process.

nelson2

Thank you all for your comments.

We intend to get married first hopefully in November in the US. We will then return to UK and file the relevant paperwork. During this time, I will continue to use my B2 visa with a waiver of ineligibility to visit the US on a regular basis. The concern is that what are the chances that the Consular officer will cancel the B2 visa before its expiry date of the November 2020.The key question is has anyone in this forum gone through a similar process and get a waiver of ineligibility for an immigrant visa.

Rete

In your favor is the fact that you have twice applied for a waiver of inadmissibility and received it for the B2 Visa. That is a plus on the side of eventually having your CR/IR-1 visa approved, probably again with a waiver.

Will the current B2 be rescinded? Depends on whether the ConOff sees you as a threat to entering the US and remaining while awaiting the waiver decision or if your petition for the Immediate Relative Visa is denied with no option of obtaining a waiver.

One thing you and she really need to do before you marry is decide if she is willing to live her life in the UK if your visa is denied.

PS I'm sure that there is someone in the history of this forum that has gone through this. Off hand I can't point you to a particular poster. Try using the search function above. Click on the arrow and do an advance search of the US Marriage-based visa forum

nelson2

Thanks Rete, just so you are aware, she is a dual citizen (UK/USA). We have been together in excess of 10 years and we have resided mainly in the UK, albeit we spend time together in the USA, I for approx. 4/5 months a year, she will generally spend just over six months in the US. We are now considering a more permanent move to the US. I have tried to search the forum to see if anyone has been through a similar process i.e. immigrant visa with a conviction and filing I601 for a waiver of ineligibility, as yet no luck. It would be very helpful if someone in this forum would respond, on the assumption they too have gone through the process that of immigrant visa with a conviction, good or bad... it would be most helpful.

Rete

Please note that people who have been through the process and whether approved or disapproved more often than not leave and don't return. They have used the resources and are history. It is relatively few who hang around and offer help to others.

scrubbedexpat099

In the scheme of things this is not a biggie, very unusual that a well prepared waiver would not be approved. Seen far worse pass.

nelson2

Thank you all for your comments. Rest assured, I will keep you informed of my journey...……..it may take a while though !!!!!!!!