Past Conviction on Record...

[clayton2103]

As I read through all the information listed on this site a big question has arisen and I post here in hopes someone can provide me with correct info for a petitioner who has a past felony conviction.

 

I am sorry for airy my dirty laundry on this site, but my future with Wen Li hinges on this question.

 

Prior to '86, no criminal history. In '86 I was in the wrong place, wrong time with the wrong people and was convicted of a felony crime of delivery of a controlled substance.

Post serving a short time imprisoned, I have not received so much as a parking ticket.

 

Now my question is quite evident at this point. How will this effect our goal of becoming future husband and wife?

 

Thank you in advance for any knowledge on this subject that perhaps will arise as our paperwork begins in the near future.

[Yuanyang]

Should not hurt your petition.

[david_dawei]

The I-29F asks questions concerning 'convictions' of crimes... the only mention of controlled substance is:

 

"Crimes relating to a controlled substance or alcohol on three or more occasions, and such crimes did not arise from a single act."

 

Of course, to file the I-29F implies you are either a K1 or K3; If you want to avoid the criminal questions all together, the easy answer is to marry her in china and pursue the CR1 only.

[warpedbored]

A past drug conviction in and of itself will not cause a denial. Does your sweetheart know of this conviction? If not you should tell her because it will likely come out.

[papa bear]

A past drug conviction in and of itself will not cause a denial.  Does your sweetheart know of this conviction?  If not you should tell her because it will likely come out.

236079[/snapback]

I agree with Carl, by the way Carl is probably the most knowledgable and insightful person on this site especially concerning China and the visa process.

My wife and I went CR1 and it has other advantages too, one is when she does come to the U.S. there will be less paper work to do for her green card because it will be done before she gets to the U.S.

[Guest pushbrk]

The I-29F asks questions concerning 'convictions' of crimes... the only mention of controlled substance is:

 

"Crimes relating to a controlled substance or alcohol on three or more occasions, and such crimes did not arise from a single act."

 

Of course, to file the I-29F implies you are either a K1 or K3; If you want to avoid the criminal questions all together, the easy answer is to marry her in china and pursue the CR1 only.

236034[/snapback]

That is correct, of course. However, the way the new I-129F works is that if the answer is "no" to any question about criminal record you simply do no check the "yes" box. There is not a specific "no" answer.

 

If I were in your shoes, I'd read the instructions and questions on the I-129F now and make your own value judgment about whether to pursue a K-1 or K3 visa or only the CR1. If you do not have to answer yes to the criminal record questions, then your single long past conviction will not cause a denial.

 

As Carl says though, it is best to make sure your SO has a full understanding of your past, including the details of this conviction and prison time, because if she does not and it comes up in the interview, you can be in for some REAL difficulties, including with your SO.

Edited August 7, 2006 by pushbrk (see edit history)

[clayton2103]

Thanks to all for the quick responses and putting my mind at ease concerning this matter.

 

All the while this thought of my past has been on my mind and when reading the many posts here on the site, I became concerned of my past.

 

I do not intend to hide this fact of my life from any of the forms nor from Wen Li.

I have yet to speak of this with her due to the language barrier that we are now slowly overcoming.

Once I am sure the communication level between us both is stronger and there is more understanding, this issue will be addressed.

 

I read a couple of the responses just after my post last evening and I found sleep to come easy.

 

Thanks once again for the information that I had hoped to find.

[warpedbored]

I believe it is imperitive that you explain this to her as soon as possible. Waiting until her language skills are better could take a long time. She may have serious issues with marrying a convicted felon regardless of the circumstances. If she does it wouldn't be fair to continue the relationship then have it all fall apart later. I am sure one of our esteemed Chinese members would help you translate an explanation. Better for her to hear your side of it than find out from someone else later.

[pkfops]

I believe it is imperitive that you explain this to her as soon as possible.  Waiting until her language skills are better could take a long time. She may have serious issues with marrying a convicted felon regardless of the circumstances.  If she does it wouldn't be fair to continue the relationship then have it all fall apart later.  I am sure one of our esteemed Chinese members would help you translate an explanation.  Better for her to hear your side of it than find out from someone else later.

236147[/snapback]

Agreed:

 

Chinese have a very different view of these matters.

 

Having her find out later may be too much to handle.

[mrbill2449]

As I read through all the information listed on this site a big question has arisen and I post here in hopes someone can provide me with correct info for a petitioner who has a past felony conviction.

 

I am sorry for airy my dirty laundry on this site, but my future with Wen Li hinges on this question.

 

Prior to '86, no criminal history. In '86 I was in the wrong place, wrong time with the wrong people and was convicted of a felony crime of delivery of a controlled substance.

Post serving a short time imprisoned, I have not received so much as a parking ticket.

 

Now my question is quite evident at this point. How will this effect our goal of becoming future husband and wife?

 

Thank you in advance for any knowledge on this subject that perhaps will arise as our paperwork begins in the near future.

236026[/snapback]

I am also a convicted felon having had cloned a $20 bill and passed 7 of them off! I actually filed bankruptcy during the wait for my I-129F to be approved. Sometimes I think all the waiting may be because I had sinned! Be straight forward and truthfull, believe that love is more powerful than all your past happenings. Our United States of America will do as much as they can for you. The only thing we can't really control is the waiting inbetween. Email me at mrbill2449@hotmail.com. I'll give you more specifics that may be helpful! Oh...We are now waiting for the P4!

[Yuanyang]

As I read through all the information listed on this site a big question has arisen and I post here in hopes someone can provide me with correct info for a petitioner who has a past felony conviction.

 

I am sorry for airy my dirty laundry on this site, but my future with Wen Li hinges on this question.

 

Prior to '86, no criminal history. In '86 I was in the wrong place, wrong time with the wrong people and was convicted of a felony crime of delivery of a controlled substance.

Post serving a short time imprisoned, I have not received so much as a parking ticket.

 

Now my question is quite evident at this point. How will this effect our goal of becoming future husband and wife?

 

Thank you in advance for any knowledge on this subject that perhaps will arise as our paperwork begins in the near future.

236026[/snapback]

I am also a convicted felon having had cloned a $20 bill and passed 7 of them off! I actually filed bankruptcy during the wait for my I-129F to be approved. Sometimes I think all the waiting may be because I had sinned! Be straight forward and truthfull, believe that love is more powerful than all your past happenings. Our United States of America will do as much as they can for you. The only thing we can't really control is the waiting inbetween. Email me at mrbill2449@hotmail.com. I'll give you more specifics that may be helpful! Oh...We are now waiting for the P4!

236198[/snapback]

You're moving along well!

[Guest ShaQuaNew]

As long as the petitioner is not wanted by law enforcement and has served their debt to society, there is absolutely NOTHING in the US Constitution or otherwise that will prevent the US government from issuing a visa based upon a petitioner's previous felony conviction. Now, with that said, you can rest assured that your background checking process will be delayed considerably....k

 

Whether or not you discuss this with your partner is completely up to you, but it would be prudent to let her know that your process will liekly be delayed while the FBI completes your background check. Remember, it's not the job of the US government to intervene in any couples decision to marry to tell one or the other that they think someone has questionable moral integrity. If someone chooses to marry a bad person, the onus is on them, not the government.

 

With that said, there are many people who have found themselves in the mix with law enforcement at a whole variety of levels. That alone does NOT, nor has it ever meant a person lacks integrity. To the contrary, it seems the ones that need to be worried about are those that hide in the shadows and have never been caught doing bad things...

Edited August 8, 2006 by ShaQuaNew (see edit history)

[NicolaNSam]

As I read through all the information listed on this site a big question has arisen and I post here in hopes someone can provide me with correct info for a petitioner who has a past felony conviction.

 

I am sorry for airy my dirty laundry on this site, but my future with Wen Li hinges on this question.

 

Prior to '86, no criminal history. In '86 I was in the wrong place, wrong time with the wrong people and was convicted of a felony crime of delivery of a controlled substance.

Post serving a short time imprisoned, I have not received so much as a parking ticket.

 

Now my question is quite evident at this point. How will this effect our goal of becoming future husband and wife?

 

Thank you in advance for any knowledge on this subject that perhaps will arise as our paperwork begins in the near future.

236026[/snapback]

I am also a convicted felon having had cloned a $20 bill and passed 7 of them off! I actually filed bankruptcy during the wait for my I-129F to be approved. Sometimes I think all the waiting may be because I had sinned! Be straight forward and truthfull, believe that love is more powerful than all your past happenings. Our United States of America will do as much as they can for you. The only thing we can't really control is the waiting inbetween. Email me at mrbill2449@hotmail.com. I'll give you more specifics that may be helpful! Oh...We are now waiting for the P4!

236198[/snapback]

Is that Mr. Bill like $20 bill? HAHA couldn't resisit

[mrbill2449]

As I read through all the information listed on this site a big question has arisen and I post here in hopes someone can provide me with correct info for a petitioner who has a past felony conviction.

 

I am sorry for airy my dirty laundry on this site, but my future with Wen Li hinges on this question.

 

Prior to '86, no criminal history. In '86 I was in the wrong place, wrong time with the wrong people and was convicted of a felony crime of delivery of a controlled substance.

Post serving a short time imprisoned, I have not received so much as a parking ticket.

 

Now my question is quite evident at this point. How will this effect our goal of becoming future husband and wife?

 

Thank you in advance for any knowledge on this subject that perhaps will arise as our paperwork begins in the near future.

236026[/snapback]

I am also a convicted felon having had cloned a $20 bill and passed 7 of them off! I actually filed bankruptcy during the wait for my I-129F to be approved. Sometimes I think all the waiting may be because I had sinned! Be straight forward and truthfull, believe that love is more powerful than all your past happenings. Our United States of America will do as much as they can for you. The only thing we can't really control is the waiting inbetween. Email me at mrbill2449@hotmail.com. I'll give you more specifics that may be helpful! Oh...We are now waiting for the P4!

236198[/snapback]

Is that Mr. Bill like $20 bill? HAHA couldn't resisit

236602[/snapback]

It is Mr Bill like in the old "Mr Bill" show! The name was adopted when Hmong customers to my automotive repair business began calling me "Mr Bill" very respectfully I may add!

[SmilingAsia]

Observation:

 

Case 1

The petitioner helped Chinese people across international borders through snake road. He was imprisoned in China for 2 years, then repatriated to the US, forbidden to be back to China.

His fiancee was given blue slip twice, but overcame the denial finally.

 

Case 2

The petitioner "cheated the bank of money" as they described in Chinese and was imprisoned in US for one year.

His wife was not aware of this at her visa interview and she was given blue slip. They have overcome the denial and got CR1 visa.

 

Case 3

The petitioner convicted sexual abuse of his own daughter before.

The applicant was given blue slip three times then case kicked back to the US.