Green card if fiance has an outstanding warrant

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utopia2004

Registered Users (C)
Hi, need help!

me and my boyfriend are getting married and i need to get a green card for the US. He is a US citizen, he has past felonies (nothing major). He currently has a warrant for parole violation and needs to serve another 4 moths of his time. He is living in another state right now, as he skipped parole, but is fine there as cant be arrested.

Will his outstanding warrant before or during our application prevent us from getting approved?

If so he is just going to go back to the PA and do his time asap.

To add i have no convictions

Thanks
 
You want to marry a convicted felon who has violated parole and absconded to another state? :confused::eek: That's a whole 'nother issue ...

If he is locked up when the interview is supposed to happen, he may be unable to attend the interview. Which could result in the case being denied. It's also not possible for him to meet the immigration-related income requirements while in prison.

And don't be so sure he can't be arrested in the other state ... maybe the state police can't apprehend him, but bounty hunters are another matter.
 
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thanks, i didnt really come here for judgment i came here for advice.

like i said he has a parole violation. He is probably just going to do the time and then apply after 4 months.

Are the interviews held in state? so he can attend them whilst on parole/probation after he gets out?

Any more advice on my main question would be appreciated as i am having trouble finding info elsewhere on this.

How will his prior convictions effect me getting a green card.

Help really appreciated thanks Sara
 
The interview will be in the same state where you (the immigrant) live.

He is not required to submit fingerprints or answer questions about his criminal history. However, if they find out his convictions by whatever other means, the interviewer will probably suspect fraud and give you both a hard time. Marriage-based immigration cases have a high rate of fraud, and a convicted felon is not going to be viewed favorably.
 
Ok thanks!

if hes not asked the questions about his past etc, how is it committing fraud if they didn't ask him about it?

Also for him to sponsor me, what finances does he need? and what evidence is needed... i.e how many months bank statements/tax returns etc? Ive read that he needs to make about 20k a year for 2 people (himself and me). Do they accept evidence of other money in the bank etc?
 
utopia2004 said:
Also for him to sponsor me, what finances does he need? and what evidence is needed... i.e how many months bank statements/tax returns etc? Ive read that he needs to make about 20k a year for 2 people (himself and me). Do they accept evidence of other money in the bank etc?
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he has to make 125% above the poverty line for your support. You can use money in the bank and other assets as support. Alternatively you can get a co-sponsor to to make a joint affidavit. But your future husband has to be primary sponsor.
 
thomas_psu said:
he has to make 125% above the poverty line for your support. You can use money in the bank and other assets as support. Alternatively you can get a co-sponsor to to make a joint affidavit. But your future husband has to be primary sponsor.
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thanks.

so how much money is required to help towards in the bank?

Do you know the evidence needed.. is it bank statements or tax returns?

Thanks again for your help.
 
I dont think there is a limit on the amount of money, but I am not a 100% sure. It says in the I-864 form (affidavit of support) that you must submit W-2's and 1099's (which shows the taxes for your earned interests from your bank accounts.
Your sponsor (husband) has to submit at least last year's tax returns (copies). Optionally you can send the last 3 years tax returns.
 
is it needed to have an apartment in both of our names before getting greencard? because i dont know how that is possible if i live in the UK whilst applying. Im going to school/uni out here so may apply from the UK?

Thanks
 
utopia2004 said:
if hes not asked the questions about his past etc, how is it committing fraud if they didn't ask him about it?
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They can research his background for various reasons, such as verifying where he works and lives, and may happen to find his criminal convictions or prison sentence in the process.

The fraud I am referring to is marriage-related immigration fraud, i.e. a marriage entered only for immigration purposes and not to live as a true married couple. He won't be committing fraud by marrying you or filing for your green card; he would just be suspected of fraud more than the average person, due to his criminal history. And you may also be viewed more suspiciously because they'll wonder why you married somebody with such a past.
 
Are you guys already married ?If you are already married you can do consular processing in the UK. If not, where do you plan to get married? Another option is a fiance visa..
 
No we are not married yet. We were going to get married after he gets out in 4 months.

We would get married in the US, i guess on a fiance visa next time i come out to the US.

What is different about consular processing in the UK?

Thanks
 
utopia2004 said:
is it needed to have an apartment in both of our names before getting greencard? because i dont know how that is possible if i live in the UK whilst applying. Im going to school/uni out here so may apply from the UK?
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I didn't realize you are outside the US. That changes things. You can apply from the UK, and he would not have to attend the interview, but they will do a background check on him and they can reject you based on his results.
 
Jackolantern said:
I didn't realize you are outside the US. That changes things. You can apply from the UK, and he would not have to attend the interview, but they will do a background check on him and they can reject you based on his results.
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Why would they reject me based on him? due to criminal convictions or just outstanding warrant?

So they are more likely to reject me if i apply for it in the UK based on his background?... but his background doesn't matter if i do it out there in the US? :confused:

sorry confused...
 
utopia2004 said:
So they are more likely to reject me if i apply for it in the UK based on his background?... but his background doesn't matter if i do it out there in the US? :confused:

sorry confused...
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doesnt mean his background is irrelevant if processed in the US. But, I think what Jackolantern meant was that the chances are less likely because the focus will be more on proving that your marriage is real and your background.
 
Ok thanks i still don't understand how the marriage has been less real if i apply in the UK?

By the time i apply i will have gone out the the US to visit him 4 months over the summer just gone, 1 month in April (when hopefully we get married) and 4 months next summer when i go on a J1 student visa. I was going to apply for the greencard because ive got to stay here for another 2 years due to university... and when you apply in the US you cant leave the country.. you miss interviews if you do etc.
 
its not the marriage that is less real, it is just that your spouse's background will be investigated "more" if the applications is in the UK (which could lead to potential problems).
Someone else can answer the issues of getting married to a US citizen on a non-immigrant visa. I dont know the rules/conditions. So if you are processing your GC in the US, you have to take care of that problem too.
 
What specifically was he convicted of? Recent changes to the law make US citizens who have been convicted of certain crimes ineligible to sponsor spouses or minor children. It doesn't matter if the cases is processed within the US or outside; a criminal background check of your fiance is required before the I-130 is approved.
 
Theft, assault. He has done his time, but has probation left.. but also 4 months in prison because he has a parole violation.

I read that about the change in law you refer too, no convictions like that, we don't have any children yet.

I have read most places that his criminal background doesn't matter for the visa as he is already a US citizen, only mine... is that correct?

thanks for your help!
 
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utopia2004 said:
Ok thanks!

if hes not asked the questions about his past etc, how is it committing fraud if they didn't ask him about it?

Also for him to sponsor me, what finances does he need? and what evidence is needed... i.e how many months bank statements/tax returns etc? Ive read that he needs to make about 20k a year for 2 people (himself and me). Do they accept evidence of other money in the bank etc?
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Utopia,

You have lot more problems than this greencard process. Your husband is a felon who can be picked up anytime, including on your wedding day at a local court. I am certain your husband record will pop up when you apply for marriage license. It seems as if you are an accomplice to his criminal enterprise, fleeing from one state to another? :confused: I will turn all wanted criminals, family or friends or friend of anybody within my circle of friends..:p

If he has a disregard for the law, I wonder how he will have a regard for you as his spouse. Worst of all, USCIS will put close scrutiny on this marriage, because it will reek fraud. :cool: If he's a felon, then he has no way of providing for you, employers shun upon criminals. I am not saying he can't be employed, I am simply saying that he won't be a strong position to demonstrate ability to support you. 4 months in prison, who is going to provide for you? How are you going to afford the immigration fees? If they ask at the interview, who paid for the application fees? :confused:
 
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