# Marrying US citizen with criminal record



## yodit (Nov 11, 2011)

Hello
I have just joined this site as I need help.

I wish to marry a US citizen.
Unfortunately for us, we both have small criminal records.
Hers is for drugs and mine are for petty theft when I was s youngster. 

She has a child, which is why I have said I will re-locate if possible. 

There seems to be confusion over visa eligilibility for people with records. 

What are are best options?


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## twostep (Apr 3, 2008)

She will have to sponsor you. Can she do that financially?

You will have to declare this conviction. Let's hope it was small enough and you have a good explanation should you get questioned about it.

Get more information about your girl friend's conviction.


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## Davis1 (Feb 20, 2009)

yodit said:


> Hello
> I have just joined this site as I need help.
> 
> I wish to marry a US citizen.
> ...


The USCIS are not interested in the US citizens record 
only your during the process you will have to provide the police report from the UK then they decide if you can enter the USA

hopefully you have not entered the US previously on a visa waiver without declaring this


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## twostep (Apr 3, 2008)

Davis1 said:


> The USCIS are not interested in the US citizens record
> only your during the process you will have to provide the police report from the UK then they decide if you can enter the USA
> 
> hopefully you have not entered the US previously on a visa waiver without declaring this


Certain convictions take away some of an individual's citizens right. One of them is being able to sponsor a GC.


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## Davis1 (Feb 20, 2009)

twostep said:


> Certain convictions take away some of an individual's citizens right. One of them is being able to sponsor a GC.


Name one ...


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## Guest (Nov 12, 2011)

yodit said:


> Hello
> I have just joined this site as I need help.
> 
> 
> There seems to be confusion over visa eligilibility for people with records.


From Classes of Aliens Ineligible to Receive Visas at Travel.State.Gov:
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(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) 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

(II) 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).​


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## yodit (Nov 11, 2011)

*Criminal record*

Thanks for the advice, 
It is very confusing, I am still uncertain of my next move,
but no, I have not yet visited US although was planning to do so in near future, if they allow me in! 
Where do I go to get visa? 
If they turn me down is that it? any appeal process? 

My girlfrind has said she would come to UK, but that would mean leaving her son, and I don't know if i can do that to her. 
I am not sure if UK would accept her with a dugs conviction, allthough it was only possession, not dealing and only class C.

I have 3 convctions, all only minor theft items/

She does have a job in US and at a pinch could support me, but I earn a lot more than her in UK, I am a middle manager in construction design. So I was planning on looking for work before I moved.


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## Bryana Butlar (Nov 22, 2011)

You can talk to the immigration officials for this. Just disclose everything to them, and as your crimes are minor, it wouldn't effect the visa release much. Also I think it would be better that your partner should come down to your place rather than you going there. As if you aren't getting a permanent visa, she need to support you financially for life long, which you'll not like. So just rethink about your decision.


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