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DAP Forums > Other Topics > Other Topics

ok so I have a question...

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#1
06-03-2008, 09:17 AM
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DREAM2oo7
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What if your husband petitions for you to become resident, but he has an extensive juvenile and criminal background (DUI, in jail for 45 for tagging, speeding tickets, runaway...), can he still apply for you?
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#2
06-03-2008, 10:51 AM
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RahmanIV
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The application process involves a background check of both the alien and the petitioner. As far as I know, the burden of moral character is placed on the alien and not the petitioner. Despite that, it may be a problem. Its best to talk to a qualified immigration lawyer.

On a side note, why would someone want to marry a person with such an extensive criminal background? I know love is unconditional but damn.....
I really hope you're not asking for yourself.
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#3
06-03-2008, 03:19 PM
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It only matters if you're a criminal. He can do whatever he wants as long as it's not domestic assault. That was a recent change put in to protect you. If he has been convicted of domestic assault, he cannot sponsor you.

That's why he has to have a criminal background check too. You on the other hand better have a spotless record.

Obviously, do ask a lawyer and over at www.immigrate2us.net, most of them have gone through the I-130 process for marriage and would know.

I'm fairly certain he could have a murder on his record and still sponsor you as long as it wasn't domestic assault or a previous wife he killed. Just make sure your record is nice and clean.

Would your case be scrutinized by USCIS a little more closely because of his adult record ? Maybe, I really don't know.
Also, I wouldn't worry too much about the juvenile stuff if they're sealed. Juvenile records are sealed for most stuff but I don't know if it holds true for really serious stuff.
Last edited by Youguysareawesome; 06-03-2008 at 03:41 PM..
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#4
06-03-2008, 03:30 PM
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Quote:
Originally Posted by RahmanIV View Post
On a side note, why would someone want to marry a person with such an extensive criminal background? I know love is unconditional but damn.....
I really hope you're not asking for yourself.
Dude Rahman, I know you mean well, but you're treading on dangerous territory.

We all break this rule sometimes but it's there for a reason.

Rule # 1 of friendships (or DREAMer buddies) = Don't bad mouth their significant other in front of them, it hurts your friend/dreamer more than if you had said it to their sigfig's face.

*For the record, I did not equate your boyfriend or fiance with a murderer, I just wanted to make the point that his background doesn't matter, yours does. I would definitely talk to a lawyer and over at www.immigrate2us.net though.
Last edited by Youguysareawesome; 06-03-2008 at 06:06 PM..
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#5
06-03-2008, 05:40 PM
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I think Rahman has a valid point, the interviewing agent could easily consider someone with arrest records to be capable of staging a marriage. They however focus most of the questions on the applicant, not the sponsor.

It would probably come down to the specific charges, DUI and speeding tickets are all negligent, as well as most of the misdemeanor charges. If he has any felony records though, that would probably be a big deal.
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#6
06-04-2008, 12:27 AM
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Quote:
Originally Posted by RahmanIV View Post
why would someone want to marry a person with such an extensive criminal background?
X10000000000
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#7
06-05-2008, 01:09 AM
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DREAM2oo7
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lol thanks for the replies guys, im obviously not asking for me it's my cousin. I dont know what the hell shes thinking but I guess its her choice.

I really thought a person with a bad record couldn't sponsor someone else and I was arguing about that with her, so I thought I'd ask to make sure.
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#8
06-05-2008, 02:55 AM
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Quote:
Originally Posted by DREAM2oo7 View Post
im obviously not asking for me it's my cousin.
^ Of course...
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#9
06-26-2008, 04:22 PM
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From Los Angeles, CA
Joined in Jul 2007
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Oh come on!! The record is not that bad.. so he tagged as a kid and ranaway once .. people can change you know .. lol

And no it doesn't matter what his record is at all.. they don't care about the USC apparently ..

Tell them to sign up over on www.immigrate2us.net..
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