UK Spouse Visa w/Deportation, Criminal Record and Previous Marriage

[er2021]

Hello, my name is [*Mod Edited*]. I was wondering if you could help me determine how we can go about my application for a UK Spouse Visa? I'm sorry if this is not the correct channel to post it.

When I was 19 years old in the year 2006 in America, I was offered a deal for a crime commited against an ex-girlfriend. The crimes are: False Imprisonment and Battery Against a Fiance/Former Spouse. We had an argument where we pushed each other about inside my car. My ex-girlfriend accused me of holding her against her will inside the car while I was driving and she was scared for her life. Originally I was also charged with Criminal Threats, but that was dismissed at the end for lack of proof. This case never went to trial and the court in California offered me a deal to avoid going to prison. This meant I would plead guilty to the charge of False Imprisonment as a Felony and the Battery charge as a misdemeanor.

I accepted their offer and was given a sentence of 16 months in state prison in California, but this sentence was suspended for not having previous criminal records. I was given 5 years of probation, with Anger Management classes instead, and did not go to prison. In 2008, I admitted to violating my probation for missing these classes due to lack of money to pay for them. I was taken into police custody for this reason and decided to willingly admit to the judge to a violation of probation in order to avoid a lengthier sentence. The judge then decided to give me the lowest sentence of 16 months in prison for willingly admitting it. I spent less than 16 months in prison due to accumulated days credit for good conduct, but to my surprise I had a hold from the Homeland Security Department from the United States due to my immigration status.

I migrated from my native country El Salvador to the United States in 1999 with a Permanent Residency permit (Green Card) when I was 13 years old. It was shocking to discover later, that as soon as I plead guilty to a serious crime/felony (False Imprisonment in this case), I had the risk of facing deportation. From state prison I was taken into custody to an Immigration Holding Center where I had a couple of court visits to see an immigration judge. Unable to pay for proper legal representation, the court gave me no chance and made the decision to deport me to my country El Salvador in 2009.

Since then, I haven't commited any crimes in my country and have kept out of trouble. Decided to redo my life here, met my current wife (British National) in 2014, we got married in El Salvador in 2015, and had a baby in February 2020 (British Citizen). I have been to the UK 4 times and to about 10 other countries as a tourist without getting into trouble.

Going back to 2008 before getting arrested for my violation of probation, I stupidly married my ex-girlfriend after what she had put me through. When I got deported, I never heard of her again and completely lost track of her and her family. For this reason, up until today, I'm unable to process my divorce in America. I cannot request it from my country, as California requires that the divorce be requested by at least one person involved in the marriage living in California for the past 6 months. Either way, both parties will have to agree and sign for the divorce. Getting married in my country was never a problem, and technically my marriage here is legit, as they don't know all of this.

To wrap this up, I'm wondering how my criminal conviction in America and my first marriage can affect me in the spouse visa application process? I know that you have to disclose your criminal record and also have to declare if you are currently married to someone else and if you have been married before.

By the way, my wife is a native British national, we have the financial requirements to sponsor my visa, and my son was born in Guatemala but is a British citizen as well. They are currently in the UK and I'm trying to reunite with them.

Any insight you can provide, I'd really appreciate it. I'm looking for good legal reprensentation to put my visa process through successfully.

Thank you!

[Zerubbabel]

Hello,

In the US, the justice is rotten beyond belief. If you have money, you can hire first class solicitors and get out from nearly anything. If you don't have money, just sign and accept a deal. If you try to refute accusations, go to trial without proper counsel, you can be found guilty and get many years behind bars.

I am not bothered by your criminal record. It was abroad and more than 10 years ago.

Your marriage has probably been dissolved by your ex as you left the country. I don't see her keeping married to you as understandably she would have wanted to move on. But you need to find out. Because the moment you tell the Home Office you were married, they will ask you about a divorce certificate. You won't be able to talk your way out of that. See if you can hire someone in the US to find out for you. These things are matter of public records.

You can also try doing it yourself by starting here: https://www.courts.ca.gov/publicrecords.htm

[Frontier Mole]

When you visited the UK in the past did you declare your conviction and deportation?

[er2021]

Thanks both for replying. I'm still looking into this situation. I agree, the US justice system is completely rotten. No one helps you, they just let you drown.

I have never declare none of this because I do not need a visa to travel to the UK. I can travel as a tourist for up to 6 months with just my passport.

[vinny]

Unfortunately, pleading guilty when innocent seems to be a problem.

[er2021]

Can an admin please delete my original post/thread? I no longer wish to have it public for personal reasons. Thank you for understanding!

[CR001]

Can an admin please delete my original post/thread? I no longer wish to have it public for personal reasons. Thank you for understanding!

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