I am an Australian citizen and I want to marry a US citizen who was convicted and served time for fraud and is now on probation for about 5 years and he owes restitution in California. Does he have to report our marriage to his PO? and what happens with the restitution? would I be obligated to pay this? I own property in Australia. Also, would I need to advise immigration of his criminal history? I read somewhere there is no obligation to advise immigration of this.
He does not have to advise his probation officer of the marriage unless it is some unusual term of probation. In most cases the standard terms of probation require the person to obey all laws, stay in contact with probation, subject themselves to search without a warrant and notify probation of any changes in address and sometimes employment. I cannot address the immigration portion of your question with certainty but my initial thought would be no. He is a citizen and that is the relevant piece of information.
With regard to the probation issue, I don't believe the probation officer needs to be notified. But, it couldn't hurt. With regard to the immigration issue, you need to speak to an immigration attorney.
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My colleague has provided you a full response to your question . You would not be responsible for his restitution issues. Keep his name off of your account.
ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
Regarding your property (asset) in Australia and his restitution (debt) for his crime, those should not become part of the community assets/debts and are seperate. However it is wise to hire a family law attorney to put this in writing in the form of a prenuptial agreement. I don't believe he has to inform his probation officer of a marriage to you
Regarding the immigration portion of your question. His criminal conviction for fraud is irrelevant. USCIS will screen his criminal record, but only sex offenses create problems. Where you may need assistance is regarding his ability to support you in light of his financial obligations. You may need a co-sponsor. You should consult an immigration attorney, like myself, for assistance with this problem.
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