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.
*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.
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