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My Fiancè in the USA has a criminal record

My Fiancè in the USA has a criminal record

Old Oct 9th 2018, 10:49 am
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Default My Fiancè in the USA has a criminal record

Good Afternoon,

this is is my first post here on this website after viewing hundreds of threads over the last few months. I understand some of these things may have been answered in other posts but I’m hoping some of you with more knowledge could help me come up with an overal answer without me being unsure from multiple threads. Please no judging.

I live in England, I have no criminal records - I’m planning on marrying my fiancé, who lives in the USA however he does have a criminal record. He has multiple charges surrounding possession of stubstance and has served his time. He’s grown from this, changed his life completely, has a good job, a home for us to live in and a really good income to support me if we were to do the fiancé visa route.

My main worry is not getting my fiancé visa accepted due to his criminal record history. None of them are violent crimes (as I’ve already read that a number of crimes are pretty much a straight no as it is). As it’s me moving over there, does his criminal history matter as much? As mentioned above, I DO NOT have a criminal record at all. We’re yet to send the application off.

Any advice would be greatly appreciated. We of course have thought about marrying and then me coming back home while we await a marriage visa, however we know it’s much longer. We’re just ready to be together now and that’s why said the fiancé visa originally as it seems to be quicker. If one of them works better with him having a criminal record then we’d be open to it.

I spoke to someone once who told me it didn’t matter too much because it’s me that’s the one entering another country to live, but we would rather go in with more of an idea before submitting anything.

Thank you for your time.
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Old Oct 9th 2018, 11:13 am
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Default Re: My Fiancè in the USA has a criminal record

I'm really no expert at all on this subject but it seems to me that it's always the one who is emigrating to another country that has to satisfy the requirements of that country and needs to jump through all the hoops so to speak.
i.e if you've any criminal history with drugs then the States is not going to allow you in!

I must say i'm a bit surprised at your question, common sense should tell you that you are the one who has to satisfy the requirements to emigrate to the States not your prospective husband who is already there !

I know in the states you can lose your right to vote but I'm pretty sure a criminal record doesn't stop you from marrying ;-)

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Old Oct 9th 2018, 11:40 am
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Default Re: My Fiancè in the USA has a criminal record

Your American fiancée's criminal history will not affect your chances of obtaining a K-1 visa or if you were to marry first and then go the CR-1 visa route. If he had a criminal history of abuse against women or a history of sexual or abuse against children, you would be advised of that history before a visa is adjudicated. It would not prevent the marriage or the visa but they are obligated to tell you of his history so that you are fully aware of what his past behavior has been like.
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Old Oct 9th 2018, 12:36 pm
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Default Re: My Fiancè in the USA has a criminal record

No issue in terms of an immigrant visa for you. It would likely be an absolute bar to him getting a visa for the UK though, even as a visitor.
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Old Oct 9th 2018, 12:40 pm
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Default Re: My Fiancè in the USA has a criminal record

Originally Posted by civilservant
No issue in terms of an immigrant visa for you. It would likely be an absolute bar to him getting a visa for the UK though, even as a visitor.
I'm not sure that's the case. When I did my spouse application to move to the UK with my husband there were no questions at all about any prior offences or criminal record. Not that I can remember, anyway!

Last edited by spouse of scouse; Oct 9th 2018 at 12:43 pm.
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Old Oct 9th 2018, 12:54 pm
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Default Re: My Fiancè in the USA has a criminal record

Your replies are really helpful to know. Thank you. I was under the impression that it wouldn’t effect me as I’m the one applying to move there, I just needed some clarification!
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Old Oct 9th 2018, 12:58 pm
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Default Re: My Fiancè in the USA has a criminal record

Originally Posted by civilservant
No issue in terms of an immigrant visa for you. It would likely be an absolute bar to him getting a visa for the UK though, even as a visitor.
A US citizen doesn’t require a visa to apply for leave to enter the UK as a visitor. Unless he done some serious jail time it’s unlikely to adversely affect his ability to migrate as a spouse to the UK, not that appears to be likely.
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Old Oct 9th 2018, 3:51 pm
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Default Re: My Fiancè in the USA has a criminal record

I have come across people who are barred from the UK due to their criminal records.
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Old Oct 9th 2018, 4:00 pm
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Default Re: My Fiancè in the USA has a criminal record

Originally Posted by BritInParis
A US citizen doesn’t require a visa to apply for leave to enter the UK as a visitor. Unless he done some serious jail time it’s unlikely to adversely affect his ability to migrate as a spouse to the UK, not that appears to be likely.
Handy to know! The plan isn’t for him to move here, but in the future we’ll visit (hopefully) for short visits to the UK to see my family.
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Old Oct 9th 2018, 4:28 pm
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Default Re: My Fiancè in the USA has a criminal record

Originally Posted by spouse of scouse
I'm not sure that's the case. When I did my spouse application to move to the UK with my husband there were no questions at all about any prior offences or criminal record. Not that I can remember, anyway!
Twinkle's husband couldn't get a visa for the UK and he has a criminal record here in the US.
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Old Oct 9th 2018, 4:56 pm
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Default Re: My Fiancè in the USA has a criminal record

There are criminal records and criminal records. Without knowing the specifics in each case it’s not particularly useful to talk in generalities.
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Old Oct 9th 2018, 10:33 pm
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Default Re: My Fiancè in the USA has a criminal record

Originally Posted by Rete
Your American fiancée's criminal history will not affect your chances of obtaining a K-1 visa or if you were to marry first and then go the CR-1 visa route. If he had a criminal history of abuse against women or a history of sexual or abuse against children, you would be advised of that history before a visa is adjudicated. It would not prevent the marriage or the visa but they are obligated to tell you of his history so that you are fully aware of what his past behavior has been like.
Adam Walsh act could block an I-129F petition if the USC has crimes related to this (sex offences etc). Doesn't sound like OP has this problem.
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Old Oct 10th 2018, 12:21 am
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Default Re: My Fiancè in the USA has a criminal record

The International Marriage Broker Regulation Act may impact the petition. Consult an immigration attorney. It may all be fine, but I'd check it out before going full steam ahead.
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Old Oct 10th 2018, 2:49 am
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Default Re: My Fiancè in the USA has a criminal record

My husband has a felony (theft,3 years served in state prison in California in the 1990s). I have successfully immigrated here. I was questioned about it during my interview at the London embassy insofar as the interviewer wanted to be sure that I was aware of the facts and the impact it could have on my life here. It follows us everywhere, unfortunately. We were turned down for an apartment because they ran a background check but ironically my husband now works for the company that does the landscaping at that same apartment complex.

He also can never visit the U.K. Anyone what has been sentenced to 30 months or more in prison (note it’s sentenced, even though he may have actually served less due to good time accrual) is permanently inadmissible. Regardless of whether they are married to a British citizen or not. Even as a visitor.

You say he has done jail time. So he only spent time in county jail and never went to prison? That’s promising for his chances of going to the U.K. if he only went to jail he was obviously sentenced to less than a year. The number of convictions also counts and if drugs were involved it’s a whole new ball game and a whole new set of rules.

It won’t prevent you from immigrating here unless you were involved in the crimes or he committed crimes that fall under the Adam Walsh act but be prepared for the interviewer at the embassy almost questioning your sanity! I took a copy of my husbabd’s J&S with me to the interview and I had signed the top right of each page to show I’d read it and was fully aware of the contents.
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Old Oct 10th 2018, 2:57 am
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Default Re: My Fiancè in the USA has a criminal record

Originally Posted by spouse of scouse
I'm not sure that's the case. When I did my spouse application to move to the UK with my husband there were no questions at all about any prior offences or criminal record. Not that I can remember, anyway!
Without knowing which visa you applied for it’s hard to say but for VAF2 (dependent visa) question 7.6 asks if you have ever been convicted of a crime anywhere in the world.
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