Immigration Process with criminal charge that was dismissed

[lsje1928]

I am considering applying for family sponsorship my spouse is a Canadian citizen. We've been married for over 10 years and my spouse and I currently live in the U.S.

I was charged with a crime, but it was dismissed. The same crime if convicted in Canada could possibly carry a sentence of 1-3 years. It is a class b misdemeanor in the U.S. I was never arrested, but I did go to court a few times, but the case with eventually dismissed.

I'm not sure if it would show up on my fbi report. I am in the process of sealing my records. My spouse does not know about the charge, would it be possible to keep my spouse from knowing about this charge if I went throught the immigration process to Canada?

 

[boyee6576]

I am not trying to judge you in anyway. but,.. dont you think your wife has a right to know such things? Do you think that maybe being honest, upfront and open would be alot better. Besides if the case was dismissed is there anything to hide from her?

I dont think it will be hidden from the FBI. You might as well be upfront cause if in the even you try to hide it from your application to come here, you will be misrepresenting yourself and you wont be allowed to come here for a few years if at all.

Not judging just some things to really seriously think about.

 

[CharlieD10]

I agree, you need to think about being honest with her. Since the charge was dismissed, there really is nothing to hide, but that's just my opinion.

My husband (Canadian) was very upfront with me about his juvenile shenanigans that landed him in juvenile court more than once, it was part of our growth and development as a couple to share things considered "shameful" in our past. I never held such things against him, they happened (1) when he was a dumb teenager with a difficult home life and (2) way long before we met. I think as a result of his honesty, I trust him more than anyone I have known in a long time.

If you are not hiding it from the Immigration authorities (you can't, and shouldn't) it is best to share it with your spouse. Just sayin'.

 

[canadianwoman]

If you hide something like this from your spouse, the visa officer will presumably still find out about it and then at the interview will 'surprise' the spouse with the info. If your spouse doesn't know about something like this, it looks very bad from a visa officer's point of view. He/she will take it as evidence that your relationship is not genuine, and then your visa will be rejected.
Tell your spouse.

 

[JimM]

I can't imagine your spouse will be happy to find that you've been keeping a secret like that, and Immigration will take it as not only a sign that the marriage isn't genuine but they may also class it as misrepresentation and deny you on those grounds.

And just because it was dismissed doesn't mean it won't show up on a background check. I crossed into Canada plenty of times with no problem before spending a couple of anxious hours dealing with dismissed charges from 20 years prior that suddenly turned up. Best advice is to be honest about it