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**CANADA_101** · 12-22-2007, 09:42 PM

Hi,

*Canadian Citizen living in the US with my boyfriend (inspected @ land crossing)

*Criminal Record - Fraud over $1000 - charged 1993, 1994 received suspended sentence & 3 yrs probation - only charge/mistake (getting extra $ to finish college.
Crown proceeded as a Summary charge (less than 1 yr imprisonment).

*Travelled to the US a few times previously to visit immediate relative (Father- US Citizen, did not realize that unable to cross w/o an I-192 (for nonimmigrants).

I came on a vacation and he proposed, I've been living with him and we would like to get married.

1. If we got married and my fiancee (US Citizen) filed for K3 and tried to adjust my status and we filed the I -601 waiver due to 212(h) - according to this link, http://www.ilw.com/articles/2003,0930-labrie.shtm. it states
I can wait 15 yrs and obtain approval of this waiver.

2. If so is it 15 yrs from date charged or date convicted/record?

3. If I decided to go back to Canada and he applies for K1 (fiancee) visa long would the process take with the criminal record? Or could I return back to Canada to pick up K1.

We do not want to be apart, he owns his own business and it would not be feasible to move to Canada.

What are the forms that we will need to file an application I-130, then I-601 when I am turned down @ the interview?

If K1 filed, what are the steps when I am turned down and I fill I-601?

If we choose to marry and adjust status, is there a good enough chance that I could get approved?

If we choose to marry and adjust status, is there a good enough chance that I could get approved?

Thank you for your help.

**NeedHelpFast** · 12-22-2007, 10:26 PM

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by CANADA_101:
Hi,

*Canadian Citizen living in the US with my boyfriend (inspected @ land crossing)

*Criminal Record - Fraud over $1000 - charged 1993, 1994 received suspended sentence & 3 yrs probation - only charge/mistake (getting extra $ to finish college.
Crown proceeded as a Summary charge (less than 1 yr imprisonment).

*Travelled to the US a few times previously to visit immediate relative (Father- US Citizen, did not realize that unable to cross w/o an I-192 (for nonimmigrants).

I came on a vacation and he proposed, I've been living with him and we would like to get married.

1. If we got married and my fiancee (US Citizen) filed for K3 and tried to adjust my status and we filed the I -601 waiver due to 212(h) - according to this link, http://www.ilw.com/articles/2003,0930-labrie.shtm. it states
I can wait 15 yrs and obtain approval of this waiver.

Well, there's actually 2 ways to go about filing a 601 waiver for a CIMT, the first you mentioned, 15+ years for rehabilitation. The second is showing unusual or extreme hardship to the USC spouse or child.
You'd be better off waiting a little bit and showing rehabilitation.

2. If so is it 15 yrs from date charged or date convicted/record?

15 years since conviction

3. If I decided to go back to Canada and he applies for K1 (fiancee) visa long would the process take with the criminal record? Or could I return back to Canada to pick up K1.

The K1 would take some years. Technically, you are supposed to be in Canada waiting for the approval.

We do not want to be apart, he owns his own business and it would not be feasible to move to Canada.

What are the forms that we will need to file an application I-130, then I-601 when I am turned down @ the interview?

Depends if you are going to stay here and get married or go back married or as a fiance

If K1 filed, what are the steps when I am turned down and I fill I-601?

If we choose to marry and adjust status, is there a good enough chance that I could get approved?

Can you prove rehabilitation?

If we choose to marry and adjust status, is there a good enough chance that I could get approved?

Answer above first

Thank you for your help. </div></BLOCKQUOTE>

**CANADA_101** · 12-23-2007, 12:10 AM

Thank you for the reply. I can definately prove rehabilitation.

The 15 year mark for the conviction is 1 year from now. If we get married a year from now (perfect time to plan) & the 15 year mark will be the beginning of 2009 (shortly thereafter we will file).

What would I file first after we get married?

Would you be so kind to give a quick list as to what forms I will need along this process and what we may expect. Your assistance is much appreciated.

After what step of the process would I receive a work permit.

Have a safe holiday and a proseprous new year.

**CANADA_101** · 12-23-2007, 01:15 AM

Thanks for your patience!

If I choose to wait it out in Canada and we file K1 and my father (US citizen) files the I-130 also as a backup (covering all options as all my immediate & extended family all reside in the US). What happens to my father's petition as K1 will be approved before 2nd preference category which appears to be processing exactly 6 yrs behaind (2001)?

**NeedHelpFast** · 12-23-2007, 12:05 PM

You are going to need a 601 waiver either way you choose to go. It would be alot faster to apply in the US using your husband as your petitioner, and adjust status after you marry. I'm assuming you are over the age of 21.
You will not need 2 I130's.
Quickest easiest way is to file in the US after marriage.

**NeedHelpFast** · 12-23-2007, 12:15 PM

Decide which route you want to take and I will write back on the forms you need to fill out.

**CANADA_101** · 12-23-2007, 06:16 PM

Hi Needhelp fast, thank you again.

We have decided to get married in US and wait 7 days pass the 15 year mark and file for AOS.

What would be the steps after the marriage my fiance have to take to Adjust my Status and what can we expect along the way so we can start preparation.

Would the waiver have to be approved first before I can receive the work permit that can be renewed every year until approval of green card?

Thanks again for all the info, much appreciated.

**NeedHelpFast** · 12-23-2007, 06:37 PM

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by CANADA_101:
Hi Needhelp fast, thank you again.

We have decided to get married in US and wait 7 days pass the 15 year mark and file for AOS.

What would be the steps after the marriage my fiance have to take to Adjust my Status and what can we expect along the way so we can start preparation.

Would the waiver have to be approved first before I can receive the work permit that can be renewed every year until approval of green card?

Thanks again for all the info, much appreciated. </div></BLOCKQUOTE>

Good. But you don't need to wait to file the AOS prior to the 601. You can file AOS right after you get married. By the time the 601 gets adjucated, you will be at the 15 year mark anyway.
No, the waiver would not have to be approved before you get your work authorization. You will get EA about 6 months after you file.

Here are the forms you need to file:
G-325 Biometrics form (on you both)
I130 Petition for Alien relative (you)
I485 App to Adjust status (you)
I601 Waiver of inadmissibility (based upon 15 years since conviction and rehabilitation--don't mess around with this, get a lawyer to help you)
I765 Employment authorization (you)
I864 Affidavit of Support (your husband, if he is financially able to sponsor you)

Hope this helps, Merry Christmas!!

**CANADA_101** · 12-24-2007, 02:40 AM

NeedHelpFast,

Thanks again for all your assistance. You answered my questions.

Merry Christmas & A PROSPEROUS NEW YEAR!

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CRIMINAL RECORD (WAIT 15 YEARS TO PASS FOR WAIVER + AOS

CRIMINAL RECORD (WAIT 15 YEARS TO PASS FOR WAIVER + AOS

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