K Visa Canadian citizen with criminal record to marry United States Soldier

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Saffron

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Hello Everyone,

This is my very first post here, and I joined this forum specifically to ask for advice regarding my current situation. I was recently convicted and sentenced to fraud over $5000.00 here in Canada.(no previous record before this...I am 36 years old, a college graduate, and I am gainfully employed) I am presently under a conditional sentence of 4 months, and then 2 years probation after that. I have a restitution order, which I am paying, and it is my intention to have all monies paid back within six months...even though the order states that I have until November of 2009 to do so. I am intentional upon applying for Early Termination of Probation once this money has been paid in full. I understand that I may be somewhat premature in making my inquiry, but here goes...

My boyfriend is a soldier in the United States Army, and our future plans include marriage. I understand that UCSIS may very well refuse my application to immigrate to the United States because of my criminal record, and my specific charge is considered to be one of moral turpitude, however I am also aware that there are some exceptions. I also understand that because my boyfriend is in the US Military, immigration applications for spouses are usually expedited. In addition to this, my boyfriend is moving to Germany, as this is his new post...this will occur within the next month.(not sure of the relevancy in giving that information, but I thought I would throw that in there.)

Here are my questions: Because of my boyfriend being in the military, are there any exceptions regarding immigration that I should be aware of? What can I do on this end to prepare for this process? What will the entire immigration process entail? What would be the most favourable outcome?

I realize that I should probably seek some legal advice, and consult with an Immigration Lawyer in the United States, but I also know that the military world is also quite different from the civilian world. Any and all advice, comments, or suggestions that anyone can offer me would be greatly appreciated in the meantime.

Thanks so much!!!

Saffron
 
Yes US military benefits from faster immigration services…………Your fiancé should talk to their legal division on how to benefit from this. I however don't know if you would benefit from a crime exception because of his military service. There might be a way out; given the military could get exceptional waivers to keep troops happy. Tell him to find out. If your case was to be treated like anyone else, I need to know what the maximum sentence for your crime was, and what you got. Only that would tell us if you benefit from the exception. What was the maximum penalty possible for your unfortunate crime?
 
mafioso said:
Yes US military benefits from faster immigration services…………Your fiancé should talk to their legal division on how to benefit from this. I however don't know if you would benefit from a crime exception because of his military service. There might be a way out; given the military could get exceptional waivers to keep troops happy. Tell him to find out. If your case was to be treated like anyone else, I need to know what the maximum sentence for your crime was, and what you got. Only that would tell us if you benefit from the exception. What was the maximum penalty possible for your unfortunate crime?
Click to expand...


Thank you for your prompt response, mafioso. I appreciate it very much. I have conducted some research and discovered the following regarding the maximum sentence for Fraud over $5000. This is what I found...

Anyone who defrauds the public or another person of property, money, valuable
security or a service by deceit, falsehood or other fraudulent means is guilty of fraud
pursuant to section 380 of the Criminal Code. Fraud in excess of $5,000 is an indictable
offence punishable by a maximum sentence of 10 years.

In my case, I did not have a criminal record prior to this. The judge sentenced me to a conditional sentence of 4 months (house arrest...with conditions), then after I have fulfilled that portion, I will be on probation for 2 years.

Yes, this was a very unfortunate crime indeed. I consider myself to be very fortunate, however, as the judge was as lenient as possible concerning my sentencing. Because I confessed to the crime when questioned by police, had no previous criminal record, expressed my deep remorse for the crime that I had committed, as well as the fact that I am gainfully employed and can pay back the money that I took, I think these were valuable contributing factors.

In the meantime, I have started the application process for a US Visa Waiver of Inadmissibility, which will at least allow me to travel to the United States if approved. (My job requires me to travel at times, and I know that my criminal record will restrict my ability to enter the United States.) Having read what I can concerning marriage in the military, and having a criminal record, I know that this would be something that I would need to apply for anyhow.

I would appreciate any other information you could possibly offer. Thanks again for taking the time to respond to my post.

Best Regards,

Saffron
 
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I also found the following information that I thought may be of some relevance...

9 FAM 40.21(A) PN2.7 Waiver for Alien Fiancé(e)s of Armed Forces Personnel
(CT:VISA-742; 06-06-2005)
When an alien fiancé(e) of a member of the Armed Forces has been found ineligible and it appears that the benefits of INA 212(h) might be available once the marriage has taken place, you shall explain the applicable section to the military officer from whom permission to marry is being sought. You shall also inform the authorizing officer that DHS does not make advance determinations regarding the granting of a waiver.


Not sure if that may be of any help or not.

Saffron
 
From your charge, you would not qualify for the petty crime exception. However, you qualify for a waiver. The fact that this happened long ago, and your court and police transcripts show your remorse or corporation, you future spouse in the military, you have an above fair change. It might take a while but you have a fair shot. Just make sure you fiancé works with the legal division to give a letter or something which can help……… Based on his past service and future commitment to the army. This link will tell you more on waivers and process. It would tell you more on INA 212(h)...Good luck!
http://www.ilw.com/articles/2003,0930-labrie.shtm
 
Thank you!

Mafioso,

Thanks again for the information. Just to clarify, I am currently completing this sentence, as I committed this crime in the last 2 years. I did cooperate fully with police, and entered a guilty plea when I appeared in court. Again, I was informed by the judge that these were contributing factors to my receiving such a light sentence considering the circumstances.

If you don't mind me asking another question...what waiver do I qualify for? Are you referring to the US Visa Waiver of Inadmissibility that I am currently in the application process for?

Saffron
 
Thanks again! You have no idea how much I appreciate that you took the time to give me this information.

Kindest regards,

Saffron
 
Anytime.............we always ready to help!
 
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