If my lady friend comes to Australia and we marry here, will possible long past convictions that may be considered to have elements of moral turpitude(burglary/receiving stolen goods, assault with a weapon [1982, 1991 respectively]) be a problem for us?

I have some concerns about going to the US on a visitors visa or VWP because of these past offences. I believe that a K1 visa would not hold weight in our favour.

Any advice greatly appreciated.

I note that you've posted similar questions in other threads. I think the problem is not a matter of marriage - you are certainly free to marry whoever/wherever you want. So... let's get past marriage. Your concern is - and should be - whether or not you will be allowed to adjust status to a PR either before or after entry to the US. In fact, it seems as though you're looking for absolute answers to legal questions which, given that most of us are lay persons posting in a public newsgroup, seems a bit ridiculous!

Since you specifically ask for it, my advice is to hire yourself a good immigration attorney and pose these questions to him/her.

Ian

Also I believe you cannot use the VWP if you have a criminal record. You would need a B-2 visitors visa. Contact an immigration attorney specializing in US immigration and find out what you need to know. Your case is very far from ordinary.

What do VWP/visitor's visa have to do with K-1 and what do any/all of them have to do with your (unknown) future plans?

Possibly.

Get a lawyer - speedily.



[QUOTE=Toppa] will possible long past convictions that may be considered to have elements of moral turpitude be a problem for us?

Hi:

No matter what the age, convictions of "Crimes Involving Moral Turpitude" are a bar to immigration. Also, causes a bar to use of VW non-immigrant entry.

HOWEVER, there ARE waivers. Also, since the crimes are more than 15 years old, you will NOT have to show "extreme hardship" to the AmCit spouse -- you will have to show your immigration is not a threat to the United States.

She wanted me to go to the US to spend time with her. I was looking at going on VWP but realise now I'd be inadmissable on that scheme. Next option is/was a B2 visa with a waiver attached. Otherwise, she would need to come here. Then we could if we wanted, get married and I can apply for LPR. My understanding is that the K1 visa would not carry the same weight in the eyes of the authorities re-admission into US.

Many thanks to all who have posted replies. It's appreciated