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criminal.... marriage visa

criminal.... marriage visa

Old Jul 6th 2002, 2:12 am
  #1  
Just Joined
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Joined: Jul 2002
Location: california
Posts: 22
indiesol is an unknown quantity at this point
Default criminal.... marriage visa

i really hope someone can help me with this...
About 8 months ago, i met someone from the U.K. off the internet. He told me that he had been arrested a few times for drug related charges (not drug trafficking). The last time he was arrested was about 4 yrs ago. We met for the first time about a 3 weeks ago, and fell in love. We really want to get married by January, but will we be able to live here in the U.S.? I don't know anything about obtaining a marriage visa, so if anyone can help me with this.......it would be much appreciated.
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Old Jul 6th 2002, 5:20 am
  #2  
Alvena Ferreira
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Default Re: criminal.... marriage visa

indiesol wrote:
    > i really hope someone can help me with this... About 8 months ago, i met someone
    > from the U.K. off the internet. He told me that he had been arrested a few times
    > for drug related charges (not drug trafficking). The last time he was arrested was
    > about 4 yrs ago. We met for the first time about a 3 weeks ago, and fell in love.
    > We really want to get married by January, but will we be able to live here in the
    > U.S.? I don't know anything about obtaining a marriage visa, so if anyone can help
    > me with this.......it would be much appreciated.
    >
Overall, the INS/State Department takes a very dim view of drug-related charges. Some
drug crimes are simply not waiverable under the law. You can read the "criminal
record" link on the doc steen site to get a better idea of where you stand.

You may want to speak to an immigration attorney on a one-time basis after you get
all fo the facts. You need to know what the charge/conviction was for, the length of
the sentence, and such.

Perhaps i sound pressimistic, however the law is very strict on this issue. Can you
live in the UK? If his crimes are not waiverable and he cannot get a visa, that's
what it may come down to.

I recommend some serious pause and thinking. I also recommend you checking his
record in the UK yourself, if possible. Not that I think he's a liar, but you need
to know what you are getting into, and who you are getting into it with. Just my
personal opinion.

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,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
 
Old Jul 7th 2002, 3:50 am
  #3  
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Joined: Jul 2002
Location: california
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indiesol is an unknown quantity at this point
Default Re: criminal.... marriage visa

thanks for the information. although he was never convicted of anything, would that matter? that website was a lot of help, thanks again. oh, and if the visa is not waiverable at this time, will it ever be?

Last edited by indiesol; Jul 7th 2002 at 3:57 am.
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Old Jul 7th 2002, 12:20 pm
  #4  
Alvena Ferreira
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Default Re: criminal.... marriage visa

indiesol wrote:
    > thanks for the information. although he was never convicted of anything, would that
    > matter? that website was a lot of help, thanks again. oh, and if the visa is not
    > waiverable at this time, will it ever be?
    >
If he was not convicted, then this is an uncertain situation. Owing to the fact that
some charges are not considered as serious in the UK as they would be in the US and
some of these are dealt with in different ways. He will be judged by what is
chargeable in the US, unfortunately.

You are best advised to get all of the info on these charges and consult an
immigration attorney to see where you stand, as some of these things are too
technical for advice on a group like this. You can probably get a one-time consult
for about $100.

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,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
 
Old Jul 7th 2002, 6:20 pm
  #5  
Telman.8
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Posts: n/a
Default Re: criminal.... marriage visa

"indiesol" <[email protected]> wrote in message
news:[email protected]...
    > thanks for the information. although he was never convicted of anything, would
    > that matter?

In simple terms, if he was never convicted there won't be anything on his Police
Record. In the UK the fact of an arrest, or even the fact of somebody being charged
with an offence but who was subsequently acquitted at a trial or the charge dropped,
these will _not_ be shown on the Police Record as there was no conviction. (I hasten
to add that, by "Police Record" I am presuming the Certificate as produced for UK
residents records convictions only. As a fact, if the "record" is produced in a court
in England, any outstanding charges are likely to appear. This is so in case the
individual is in breach of bail or similar.)

To clarify: if the Certificate records actual convictions, then if your fiancé was
never actually convicted, he has nothing to worry about. (Whether _you_ should worry
by reason of the reason for the arrests is another matter.)

Telman
 

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