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Results 1 to 3 of 3

Thread: Marriage GC to Canadian

  1. #1
    Hi,

    I recently got married to a Canadian in CA. I have a green card.

    I want to apply for my citizenship first then apply for my wife's green card.

    Although I would like some advice. Here is my situation:

    Past history:
    1. Have a B.S. degree...
    2. Got a DUI in '93 probation ended '98
    3. Got charged for petty theft (I think PC488 charge) in '96 dismissed in 2001.
    4. Assault complaint in '98 dismissed and charges dropped.
    5. DUI in 2002 and probation end just recently 4/2007.

    Now I have applied to have all those misdemeanors expunged (PC1203.4 forms). Once everything is processed I will go get a LIVE scan to verify those charges say they were expunged. However the assault arrest was only a police record arrest (no court or time served) hence I decided to apply for the record to be sealed and destroyed. Also the petty theft was never served and I never went to court for it and on my records it says Warrant never served and case was dismissed in 2001 (arrest was for walking out of a store with an unpaid item).

    Okay so all that is currently in process. Both DUI were considered 1st offense and probation was 5 years...

    Now I noticed that I did not meet the moral character section for applying for my citizenship; however, the application instruction do point out that if the offense was correctly served during the probabtion time or 5 years time then it was passed...

    Now I do not know how much these expungements and clearing of my records will help my application but hopefully get me through the process.

    So once I get my citizenship I will apply for my wife's I-130 in order for her to get her GC.

    She is currently only a visitor however...

    Do you have any suggestion(s)... The more you can tell me the more I would appreciate.

    Thanks,

    -Y-

  2. #2
    Hi,

    I recently got married to a Canadian in CA. I have a green card.

    I want to apply for my citizenship first then apply for my wife's green card.

    Although I would like some advice. Here is my situation:

    Past history:
    1. Have a B.S. degree...
    2. Got a DUI in '93 probation ended '98
    3. Got charged for petty theft (I think PC488 charge) in '96 dismissed in 2001.
    4. Assault complaint in '98 dismissed and charges dropped.
    5. DUI in 2002 and probation end just recently 4/2007.

    Now I have applied to have all those misdemeanors expunged (PC1203.4 forms). Once everything is processed I will go get a LIVE scan to verify those charges say they were expunged. However the assault arrest was only a police record arrest (no court or time served) hence I decided to apply for the record to be sealed and destroyed. Also the petty theft was never served and I never went to court for it and on my records it says Warrant never served and case was dismissed in 2001 (arrest was for walking out of a store with an unpaid item).

    Okay so all that is currently in process. Both DUI were considered 1st offense and probation was 5 years...

    Now I noticed that I did not meet the moral character section for applying for my citizenship; however, the application instruction do point out that if the offense was correctly served during the probabtion time or 5 years time then it was passed...

    Now I do not know how much these expungements and clearing of my records will help my application but hopefully get me through the process.

    So once I get my citizenship I will apply for my wife's I-130 in order for her to get her GC.

    She is currently only a visitor however...

    Do you have any suggestion(s)... The more you can tell me the more I would appreciate.

    Thanks,

    -Y-

  3. #3
    She can stay until her I-94 date.

    I would apply for Citizenship, I would think you would be OK.

    Might as well file for wfe as a LPR, as a longstop.

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