biggish data

K1 with criminal record for USC

Thank you both for your answers.

I also red somewhere that if you go for the spouse visa, the criminal record of USC doesn't come up but I'm note sure about it.

Harley2, please send me your updates on your visa process! I hope everything will be fine! It is not everyday that I hear about people in the same situation!

Which documents did you send with the I-129F application? Police reports, documents from courts, etc...? Did you also send a letter explaining the case?

I also think the Adam Walsh Act is more restrictive than IMBRA. I found this link :

http://www.uscis.gov...Web Posting.pdf

There is a part of text that says this:

The intent of IMBRA is to provide available information and resources to immigrating fiancé(s) and spouses. Ultimately you are responsible for deciding whether you feel safe in the relationship.

This would mean a consulate can't deny a visa because of a past criminal record (except domestic violence/sex/underage crimes) ?

C&I

Not Telling

2014-05-14 04:10:00

K1 with criminal record for USC

Thank you Hollygolightly! I hope it's the case!

Anyone else has any inputs?

C&I

Not Telling

2014-05-13 12:24:00

K1 with criminal record for USC

I need some inputs from people who really know about the subject and/or have been through something similar. Any experiences, ideas and advices on the process are welcome.

Here is the story : my fiancé (USC) has wrongly been convicted of kidnapping 7 years ago. They finally changed his plea agreement and was finally convicted for conspiracy to commit burglary. He served 6 years in prison. Kidnapping appears in the list of question 3.2 of the I-129F form, where they ask if the USC has ever been convicted for any of the crimes listed. Conspiracy to commit burglary does not appear.

We already talked to 2 immigration lawyers who said it should not be a problem as the charge was changed. But I still have some doubts because the first offense was kidnapping, even if it was changed afterward.

Since this is an IMBRA topic, do you think this could be a reason for denial???? I don't want to apply for a K1 visa and wait months and months if at the end they deny us because of this.

I red here that some people got approved, even if the petitioner had a criminal record. My understanding is that they don't approve if the offense is againt women and children. My other understanding about IMBRA is that it's made to inform the beneficiary about any criminal history of the petitioner, if there are any.

Thanks for reading and for your answers.

C&I

Not Telling

2014-05-13 10:19:00

American fiance has domestic violence charge - please help!

Sorry if I was unclear. It IS a domestic violence charge (misdemeanor) that resulted in a $250 fine and 9 months probation. He just didn't remember what he was charged with until we got the papers yesterday. I was really hoping it wouldn't be for domestic violence I hope it works in our favour that his criminal record is sorta old at this point.

Do we need to have "proof" that it was in self-defense if we check off 3c? I figure that it wouldn't hurt for him to write a letter explaining the incident at least?

RedSpider

Not Telling

Canada

2014-07-29 15:44:00

American fiance has domestic violence charge - please help!

My fiance (American, I'm Canadian) has a domestic violence charge from 8 years ago in July 2006. It's a misdemeanor. Apparently, that alone would make us ineligible to petition? While I had read that somewhere, I am having a hard time finding it. My question is if we can check off 3c in the I-129F: "I committed, was arrested for, was convicted of, or plead guilty to a crime that did not result in serious bodily injury, and there was a connection between the crime committed and my having been battered or subjected to extreme cruelty." Do we have to prove that somehow? Can he write up what happened?

The charge is related to this incident: His ex-wife pulled a knife on him. She stuffed something in her mouth.. Fiance thought it was drugs, and tried to get it out as he was concerned with her overdosing. It turned out to be a piece of paper with a man's number that she was trying to hide. He says he didn't really injure her as he was just trying to get the thing out of her mouth. He ended up being more injured than her, but it wasn't serious (just a bunch of scratches). She called the cops. He got a $250 fine and 9 months probation. He didn't fight it because he wanted it to go away and did not know he'd want to marry a Canadian one day. He seems to think that because he always passes background checks and is employed by Serco (contracted by the US gov't) to process insurance applications that having this charge can't be "that bad."

We already have a document from the FBI that details all his charges, sentencing, etc, that we would include in the packet. We thought he might have a domestic violence charge, but weren't sure until we received his records in the mail. I'm really upset with what this will do to us. I'd appreciate any advice you all have. We cannot afford a lawyer. Thanks!

Edited by RedSpider, 29 July 2014 - 02:58 PM.

RedSpider

Not Telling

Canada

2014-07-29 14:57:00

Adam Walsh Act - advice on relevance ?

What country did you move to? and did they give you any problems?

Sorry for the confusion... My wife posted the comment and I will clarify. After going through the immigration process my petition was denied because of AWA. At that time we knew nothing about the kind of evidence needed to be presented, so only the minimum was sent to my former lawyer as directed in the NOID. After the denial came we where given no advice from the lawyer except for my wife to leave the country in thirty days. We want so much to know what we can do to try again in the proper way so we can be together again. My wife has gone back to her home country...I am here in the US.

Lymitte

Not Telling

2013-06-10 21:42:00

Adam Walsh Act - advice on relevance ?

I was in same situation with you last year but lost oppotunity, I left the U.S. I suggest you take action follow what capri telling here. I wish I had ever known and come here.
capri is very experienced in AWA , are you an attroney? I am looking for an experied lawyer in helping for the waiver and my husband's I-130 approved.

Lymitte

Not Telling

2013-06-07 09:28:00

unlawful present

I suggest you go to this site IM2US.net and ask your question. There is an attorney that answers questions about bans and waivers for free. It's called Laura's chat and I think it's held on Wednesdays. Not sure of the day, but, I can tell you that the people on the site are very knowledgeable about cases and situations like yours.

I wish you success!

DarkKiss

Not Telling

Dominican Republic

2014-09-03 08:04:00

There's not a lot of traffic on this particular forum anymore, which is why one of the VJ moderators emailed me asking I take a look at, and respond to your question. if you don't get the response you're looking for, you can always answer my questions, and I'll do the best I can to help you.

pushbrk

Male

China

2014-02-18 21:49:00

The question remains. If it was truly an IMB, why did they not provide a consent form? If you get an answer from a person in that situation, great. You might not. If you're really sure it was an IMB, you'd better be getting that consent form from them, in preparation for an RFE. When you request it, my prediction is, they'll explain to you why they are NOT an IMB, and you'll be using their answer to respond to the RFE.

pushbrk

Male

China

2014-02-18 07:53:00

Your information is a bit scetchy. Why did they not provide a copy of the signed consent form? My guess is that the yes was checked in error and that it really was not an IMB. Otherwise, they would have the consent form. What website was it? It is quite common to misinterpret the IMB description to include dating websites. If that's what they did, and they get an RFE, they'll need to send a letter explaining they misunderstood the question and they show evidence of which dating website they actually used.

pushbrk

Male

China

2014-02-17 08:13:00

Moved from the General Immigration forum over to the AWA forum under IMBRA. You'll find others in the same situation there.

Good luck, and welcome to VJ!

Krikit

Not Telling

2012-06-19 15:52:00

I-129F Denied due to AWA

This falls under IMBRA Special topics. Moving to that forum...

YuAndDan

Male

China

2011-01-31 14:30:00

IMBRA and criminal records

Read the instructions carefully, interpret them literally, and follow the directions accurately.

TBoneTX

Male

Ecuador

2014-03-08 00:12:00

I-129F Denied due to AWA

Two-year-old thread closed.

TBoneTX

Male

Ecuador

2014-04-01 00:12:00

AWA: denied / approved / waiting

Four-year-old thread closed. Please avoid resurrecting ancient threads.

TBoneTX

Male

Ecuador

2014-04-01 00:14:00

Spoilsports.

Boiler

Male

Wales

2014-04-12 19:25:00

It seems you lack an understanding of courts and jurisdiction. That is OK, but there is more missing here than I can teach you. So you can either take my word for it that you can't use the US courts to divroce somebody who never set foot in the US, or not. If you choose to not believe me, so be it.

To the OP: I stand behind my advice. Go for the waiver. I think you will get it, especially in light of the despicable conduct of your most recent ex. It benefits both of you in that it protects your legal rights better and it gets her here faster. And if it fails, you still have the CR-1 route open to you.

I got my waiver, easy and fast. And I heard of much tougher cases where the guy got his waiver too. You should get yours.

I am reasonably familiar with the issues of Jurisdiction.

So starter for 10, Is Marriage and Divorce under the jurisdiction of Federal or State Courts?

Boiler

Male

Wales

2014-04-12 18:35:00

Not an uncommon story.

Boiler

Male

Wales

2014-04-12 18:31:00

So?

Boiler

Male

Wales

2014-04-12 16:37:00

I see no reason why you could not get divorced ion the US.

Boiler

Male

Wales

2014-04-12 16:26:00

Seems you misread Harpa's post.

Boiler

Male

Wales

2014-04-12 12:38:00

It is a common scam to marry off people in the family to get them reunited in the US.

Harpa Timsah

Female

Israel

2014-04-12 16:57:00

How old is the daughter?

milimelo

Female

Bosnia-Herzegovina

2014-04-12 14:39:00

I-129F Denied due to AWA

CR-1 removes IMBRA but this is AWA which is a different creature all together and remains in force for CR/IR Visas.

Edited by Bob 4 Anna, 17 February 2011 - 07:11 PM.

Bob 4 Anna

Male

Philippines

2011-02-17 19:11:00

Agreed if you are from Canada why not petition him to Canada? I would guess its much easier since they dont have AWA

But Canada does have rules blocking entry for persons with many convictions including DUI & most things covered by AWA!

Bob 4 Anna

Male

Philippines

2012-06-29 22:21:00

You can divorce in your state where you reside even if you spouse has never been to the USA ... It is the Phillipine citizen which will have the issue.

christeen

Female

Italy

2014-04-12 19:25:00

Help, I just found out I'm IMBRA!

I used the site afrointroductions a year ago to meet my fiance and when I log back into the website to double check, I see the website meets IMBRA requirements. I have the biggest sinking feeling in my stomach like this is the end of the world. This is like an automatic denial, especially in and African Country. I'm devestated. Should I just ignore this and file as meeting online? they are going to ask how we met and now I don't know what to say? it is so upsetting and I don't know what to do.

I have no offenses and this is my first time filing a k1

Did you pay when you joined the site?

Girl from Celebes

Female

Indonesia

2013-10-13 09:32:00

Thanks for you and moderator. I already understand the concept of IMB very well. My interest is not for further clarification.

My question and interest is still as stated from the start. Has anyone since October admitted to using an IMB AND had no consent form from the IMB.

It sounds like ALL IMB's deny being an IMB, and ALL petitioners answer no to the question.

I wonder how will the couple that does admit to an IMB will be treated. I was hoping with someone with

actual experience to share what happened in their case.

The couple can marry outside the USA and file CR-1 and avoid the IMBRA consent requirement. If this problem is at the agency level then good luck, many use the consent forms and other documentation as collateral to insure all " fees " are paid to that agency before the client leaves the agency/country.

Edited by Robby999, 21 February 2014 - 07:53 AM.

Robby999

Male

China

2014-02-21 07:51:00

Philippines now denying entry to some RSO's

It's one of those things that, while forgiven and done serving your punishment, you still have to continue to live with the fallout and consequences of your previous actions. These restrictions are in place for a good reason, even if not specific to your case. As far as meeting your fiance, there are still ways around having to fly to her country. It is harder, yes, but that's one of those consequences.

Leon & Mylen

Male

Philippines

2013-07-13 01:30:00

http://www.visajourn...or-2nd-k1-visa/

Here is one thread with examples.

You can also include any previous NOA's. Include a short waiver request and then in a separate

letter you can make a relationship timeline explaining how the past relationships failed and how your current one evolved rather

than cramming it all into one letter. That way they see the important waiver request right away and the optional timeline of the relationship(s).

Keep it simple and to the point. Know what flags to address. Don't write a novel.

Ebunoluwa

Not Telling

Cyprus

2014-04-12 22:01:00

Is there a form for a wavier that I can look up? Or does one just type up a letter requesting one?

There is no official form. Just type up a letter. Enter "multiple filings waiver request letter"

in the search bar and see examples pop up of what others wrote in several threads.

Ebunoluwa

Not Telling

Cyprus

2014-04-12 21:53:00

Some states want to see proof that during an absentia divorce the other spouse was not 'reachable', with returned mail etc.
Newspaper announcements are also used. It depends on the state.

Ebunoluwa

Not Telling

Cyprus

2014-04-12 19:07:00

http://www.visajourn...content/k1guide

Or would I even do the K3 or just this IR1/CR1? That is a new one for me and will need to research that. Does anyone know the process and wait times/success for the IR1/CR1?

Your options:

1. You can do a K1 and submit a letter to request a waiver with the I-129F.

Explain the relationships and why they did not work out and why you are confident that this one will be a lasting marriage.
No big deal. No lawyer needed. Enter Imbra multiple filings into VJ search bar

to view other threads about it.

2. You can file a CR1, forget the K3, it is no longer a viable option. It is NOT for her daughter. Read the GUIDES what each visa is about.
No waiver needed with a CR1.

http://www.visajourn...tent/i130guide1

CR1 currently takes much longer than K1 but in your situation it would be a bit more solid.

If your case would get returned with recommendation to revoke (if they doubt lack of bona fide due to your previous filings)

the K1 expires and dies.
However, a CR1 will not expire and you can rebut their findings in case that would also get returned.

No lawyer necessary in my opinion but lots of hours of research on this site. The VJ search bar is very handy to seek out similar situations.

Good luck.

Ebunoluwa

Not Telling

Cyprus

2014-04-12 15:15:00

Philippines now denying entry to some RSO's

I've seen the graph. IMO, it is just right to refuse those people who has no good intention to my fellow Filipinas. There are some white men who visits the Philippines and take advantage of some Filipinas.. They pay some girls for a sex video then upload it online.. It is so alarming to see that there were many RSO who tried to enter in the Philippines... It shows that Filipinas are more at risk to these people who has no good intention...

Edited by Robb&Ann, 20 May 2013 - 01:27 AM.

Robb&Ann

Not Telling

Philippines

2013-05-20 01:22:00

http://www.prlog.org...eral-court.html

I thank Eagerly for this find.

evli1966

Male

Philippines

2014-02-25 17:22:00

We are denied as well after submitting a bunch of evidence as we thought. We are thinking about reopening the case & including the new evidence. We just want to know what else they want from us. What are you guys doing next?

We appealed through our attorney

When you appeal you do not send more evidence but show in the appeal the reasons why and how the USCIS made it's mistakes such as such as making statements or using an opinion of the adjudicator that the court sentencing was not sufficient.

This is where USCIS gets in hot water if they $5#2 with the wrong person with the financial means and determination to fight them.

They allow inexperienced/uneducated/unqualified staff adjudicate these cases under the supervision of their leadership with the same issues.

Good Luck with starting over it will be a long road; my prayers are with you.

evli1966

Male

Philippines

2013-08-01 19:07:00

@evli1966,thank you for the reply.just keep your faith to God.Everything have purpose and there is time for everything. We just live according to what God's plan for us.Have a blessed day.

Thank you

evli1966

Male

Philippines

2013-07-16 23:32:00

@evli1966, your love was great,can you tell me how you handle your relationship with your fiancee in the Philippines?I think we are in the same boat.pls. inform here if your petition was been approved.hope you have a great day. God bless both of you.

we were denied

we are prepared to appeal as high as we can go mentally and financially

evli1966

Male

Philippines

2013-07-13 00:19:00