Dovely2k

Hi all-
My first question is mostly a request. Anyone who has gone through the
interview in Montreal if you could please share your experience, I would
greatly appreciate it, including how much you had to pay for fees while
there, to give me an idea of what to expect.

Also, my husband has a record in Canada, most of witch is minor stuff, but
he does have one major thing that he is trying to get pardoned. If he does
get the major record pardoned does he still have to reveal this at the
interview? There are rather extenuating circumstances behind the issue and
being that Canadian law and US law are so different in this particular
matter, we are wondering if he will be denied if it is revealed. (Actually
he is more concerned than I am.) In a nut shell his sister accused him of
sexual misconduct and according to my husband in Canada weather you are
convicted of the crime or not (he was not) it stays on your record
regardless, and there is plenty of proof since then that his sister is just
not all there and was making up a story to get herself out of a perdicament.
This occoured when he was 18 and he is now 35 and has no record since. As I
am not very versed in Canadian law, any input on this would be helpful.

Thanks,
TK

Rete

Either check out the K-3 visa interview experiences on the kamya site listed under my root post or check out the US Consulate's page for Montreal or do a search online for experiences. It is a simple straightforward interview and nothing to worry about. In addition to the fees for the visa itself, there are also the medical costs for the examination and in some areas a fee by the RCMP for the police clearance.

Then you are saying he was arrested for the crime of sexual abuse but went through a court trial and was found not guilty? If that is so, how can he be pardoned? In order to be pardoned, he has to have been found guilty of the charges filed against him. In the case of criminal charges of sexual abuse I believe Canada is just as stern as the US.

Whether or not he was found guilty or no guilty, the charge occurred after his 18th birthday and even if before, has to be disclosed to the US Consulate on the approximate paperwork. Full court records need to be obtained and submitted at the time of the interview. The crime he was charged with is a very serious one and is one that would be considered one of moral turpitude and is cause for denial of all visas to emigrate to the US. In fact it may cause even more of a problem if he entered the US at any time without disclosing this fact as persons with a criminal history must disclose all criminal charges before entry and most often will be denied entry without a formal tourist visa.

The same advice pertains to his other criminal charges regardless of how minor you or he think they are. Whatever you do he should not lie about anything in his past regardless when, where, how, or why these charges were filed against him.

You are correct in taking this very seriously and he is foolish to think it is nothing. Even if the Canadian government pardons him, the charges must be disclosed and full disclosure of all court records provided to the US Consulate.

Rete