Kelly

Does anyone know? we applied for a k-1 but was denied due to a conviction in 1986
which INS read as crimes of moral turpitude...anyway...if our waiver is denied again,
can I still marry him? go to his country...marry him...bring him here with the K-3
visa?? Does INS really have that much control and not allow me to marry who I love??
Any help or suggestions are appreciated! Happy holidays everyone. Kelly & John

Andy Platt

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The INS doesn't have any control over who you marry. They do still continue to decide
whether that person can live in the US however. The K-1 and K-3 visas are identical
in this respect.

I don't know if you used an attorney to file the waiver before but if you didn't I
would strongly advise you to do this.

Andy.

--
I'm not really here - it's just your warped imagination.

Rete

You said in another post that the K-1 was denied. This is the first I've heard that you had applied for a waiver earlier and it was denied as well. Why do you think a second attempt at a waiver will be successful?

As for the INS, they are not telling you who you can or cannot marry. They are telling you who they will and will not allow into the US as a immigrant. There is nothing stopping you from migrating to the land of Oz. Hear that many foreigners are quite happy living downunder.

And no you cannot bring him here on a K-3. Any visa will have to go through the US Consulate and he is on their computers as a "denial". In fact he cannot even use the VWP to come to the US as a visitor. He needs a Tourist Visa issued by the US Consulate to come to the US and don't think they will give that to him because he is a high risk person.

Rita

Alvena Ferreira

kelly wrote:
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I frankly wonder whether he even needs a waiver...here is what the law says:
===
9 FAM 40.21(a) Related Statutory Provisions INA 212(a)(2) Criminal and Related
Grounds (TL:VISA-105; 2-3-95)
(A) Conviction of Certain Crimes
(i) IN GENERAL.---Except as provided in clause (ii), any alien convicted of, or who
admits having committed, or who admits committing acts which constitute the
essential elements of---
(ii) a crime involving moral turpitude (other than a purely political offense), or
an attempt or conspiracy to create such a crime), or
(iii) .... [===>>>NOTE THIS PART!]
(iv) EXCEPTION.---Clause (i)(I) shall not apply to an alien who committed only one
crime if---
(v) the crime was committed when the alien was under 18 years of age, and the crime
was committed (and the alien released from any confinement to a prison or
correctional institution imposed for the crime) more than 5 years before the
date of application for a visa or other documentation and the date of
application for admission to the United States, or
(vi) the maximum penalty possible for the crime of which the alien was convicted (or
which the alien admits having committed or of which the acts that the alien
admits having committed constituted the essential elements) did not exceed
imprisonment for one year and, if the alien was convicted of such crime, the
alien was not sentenced to a term of imprisonment in excess of 6 months
(regardless of the extent to which the sentence was ultimately executed). INA
212(h) (TL:VISA-159; 12-20-96)
===
(me again)You might want to consult an immigration attorney on this---there is ajust
a slight chance that IF he does not require the waiver, the attorney could contact
the consulate and help them to see the light of day and avoid having to file it
altogether. Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================

Rete

Alvena

The NG has seen others from countries such as England and Canada HAVE to go the waiver route because of crimes even more minor than the one Kelly's fiancee admitted committing. Distressed Canadian and Robyn both needed waivers because they were found guilty of being in possession of stolen property. This person was convicted of actual theft a more serious crime in the eyes of the judicial systems.

Rita

Di Martin

Rete the fiancee is not from Australia but New Zealand !! Close but different
country!!

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Rete

My apologies ... I thought she had said Oz. Same hemisphere so at least in the general area. The law is the same regardless though.

Rita

Kelly

Rete <[email protected]>
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Thanks Rita...sorry, I was not clear enough...emotions are running high...! we have
only been denied on the k1 not the waiver....but what if the waiver is denied....can
I go there, marry him and petition to bring him as a family member? I would not mind
living in nz at all...but that is not an option as my ex husb will NEVER give me the
approval to take his children...and I could not live with out my children with
me.....so, I may be forced into choosing...we are hoping this a good grounds for our
letter of hardship to send with the I601 waiver request. thanks again
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Ben Johnson

The INS does not control who you marry....just who is allowed into the country.

Yes...you can marry him...but doing so will not provide you with any more ammunition
to bring him here (nor should it)....If I were you, and you married him...plan on
residing in his country, and not the US.

It may be possible to run up some huge legal fees to overcome this, so you may wish
to see a lawyer.

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Michael Voight

If he would be denied entry on K-1, then marrying him would not get him in on a K-3.
Moral turpitude applies to both