Could it be a major factor?

[wifetobe 2]

Just to give you a quick debriefing as I have not yet done a proper timeline, apologies in advance. We are yet to file our K1 petition and our lawyer will not be filing a waiver with our petition considering my fiance has had an extensive criminal history with drugs and alcohol . At this point my fiance's PO has agreed to write him a letter of support to send to our lawyer regarding his progress etc.

My concern is, my fiance was charged 5 years ago with 'permit prostitution'. Could that be a major factor in our case? I'm really hoping not because as much as he has done some REALLY disreputable things in his life he has turned to God for forgiveness and is self-rehabilitating with my help to which he always says he will never be able to repay but eternally love for life, so please do not judge what you see as a cover here. I just need some sort of guidance as to what to expect with our case because of that specific charge.

Thanks all,

[YuAndDan 153]

Who has the history? US Citizen or NON-US Citizen?

If US Citizen only waiver that may be needed it to deal with possible IMBRA issues.

IF Foreign citizen, this may be a big problem, most successful waivers deal with ONE minor crime in a person's past, but if more than one crime, the waiver tends to fail. The waiver can only be filed upon the counselor officer at the consulate request.

[emt103c 10]

Is your fiance the USC or beneficiary?

[payxibka 10,045]

The timeline would indicate the "he" is the petitioner and therefore the USC....

[Chica Yeyé 41]

Both items -- drug/alcohol abuse and permitting prostitution are serious offenses. No judgment here, not my place. But make sure youR attorney does the right thing. Will this offense have an impact in your case? you can be sure of that, since I believe prostitution and related offenses are crimes of moral turpitude.

Folks are wondering if your fiance is the US citizen or the potential immigrant -- that counts too.

Good luck to you and stay safe.

[wifetobe 2]

The timeline would indicate the "he" is the petitioner and therefore the USC....

Thank you all for your replies (and to whoever moved my post, thank you for that)

You're right fwaguy. I am the beneficiary and the USC has the criminal history rapsheet. I have no criminal background. Our lawyer said he wouldn't need a waiver with this and I am hoping to God he is right I know his crimes are very serious and it sounds as though we will get denied but all we can do is pray and keep the faith.

Thanks again

[wifetobe 2]

Both items -- drug/alcohol abuse and permitting prostitution are serious offenses. No judgment here, not my place. But make sure youR attorney does the right thing. Will this offense have an impact in your case? you can be sure of that, since I believe prostitution and related offenses are crimes of moral turpitude.

Folks are wondering if your fiance is the US citizen or the potential immigrant -- that counts too.

Good luck to you and stay safe.

Thank you for your honest opinion Len&Bren

[andywv 0]

hi , what does his criminal record have to do with you getting a visa ? you are the beneficiary not him ,you need the good record . My wife usc was never asked about any criminal background when we did our application , i think you are mis understanding the process .

[payxibka 10,045]

My wife usc was never asked about any criminal background when we did our application , i think you are mis understanding the process .

Actually IMBRA/VAWA and Adam Walsh potentially come into play against the USC.

[YuAndDan 153]

hi , what does his criminal record have to do with you getting a visa ? you are the beneficiary not him ,you need the good record . My wife usc was never asked about any criminal background when we did our application , i think you are mis understanding the process .

If US Citizen was convicted of a violent crime, the I-129F IMBRA questions will need to be dealt with.

7. What Documents Do You Need to Comply With the International Marriage Broker Regulation Act?

A. If you have ever been convicted of any of the following crimes, submit certified copies of all court and police records showing the charges and dispositions for every such conviction. This is required even if your records were sealed or otherwise cleared or if anyone,including a judge, law enforcement officer, or attorney,told you that you no longer have a record.

1. Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.

The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or former spouse of the

victim, by a person with whom the victim shares a child in common, by a person who is co habitating with or has co habitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.

2. Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture,trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction,unlawful criminal restraint, false imprisonment, oran attempt to commit any of these crimes.

3. Crimes relating to a controlled substance or alcohol on three or more occasions, and such crimes did not arise from a single act.

NOTE: If your petition is approved, a copy of your petition, including the information you submit regarding your criminal convictions, will be provided to the Department of State for dissemination to the beneficiary of your petition pursuant to section 833(a)(5)(A)(ii) of IMBRA. In addition, pursuant to section833(a)(5)(A)(iii) of IMBRA, any criminal back ground information pertaining to you that USCIS may discover independently in adjudicating this petition will also be provided to the Department of State for disclosure to the beneficiary of your petition. You should also note that under section 833(c ) of IMBRA, the name and contact information of any person who was granted a protection or restraining order against you, or of any victim of a crime of violence perpetrated by the petitioner, will remain confidential but that the relationship of the petitioner of such person or victim(i.e., spouse, child, etc.) will be disclosed.

B. If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in your case, together with any evidence in support of your request. Examples of such evidence include, but are not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional, regarding the death of an alien approved for a prior K visa.

If you have committed a violent offense and seek a waiver, you must attach a signed and dated request for the waiver, together with evidence that extraordinary circumstances exist in your case, i.e., that you were being battered or subjected to extreme cruelty by your spouse, parent, or adult child at the time you committed your violent offense(s), you were not the primary perpetrator of violence in the relationship, and:

1. You were acting in self-defense;

2. You violated a protection order intended for your protection; or

3. You committed, were arrested for, were convicted of, or plead guilty to committing a crime that did not result in serious bodily injury and where there was a connection between the crime committed and your having been battered or subjected to extreme cruelty.

Examples of such evidence include, but are not limited to:

Police reports;

Court records;

News articles;

Trial transcripts.

Applicants may submit any credible evidence that isrelevant to the request for such a waiver

http://www.uscis.gov/files/form/I-129Finstr.pdf

[Chica Yeyé 41]

My wife usc was never asked about any criminal background when we did our application , i think you are mis understanding the process .

Actually IMBRA/VAWA and Adam Walsh potentially come into play against the USC.

Totally agreed fwaguy. All those laws apply to the USC petitioner and can result in denials. Not only is the beneficiary's past inspected with a fine comb, but also the USC's. Remember how I-130's abroad were stopped due to the Adam Walsh Act people?????

To the original poster, best of luck; and please stay safe. May God be with you both.

[LadyJane 1]

It sounds to me that you are eligible for a visa-you are not the one with a criminal history. (But I'm not a lawyer: just a graduate student!)

I have two questions. Hopefully someone can help out.

1. Does an I-130 petition encounter the same IMBRA restrictions as an I-129f petition?

2. If it is the USC that has the record, then why would a 601 waiver be necessary? I'm not sure it applies.

Actually three questions:

3. Because you aren't filing your petitions directly at the consulate (also known as DCF), then would Adam Walsh apply?

Before you talk to your lawyer again, read all of the guides here on VJ and become more educated about your options. There are pros and cons to each visa option. You have three marriage-based options:

a: File for a K1, non immigrant, fiance visa

b: File for a K3, non immigrant, spouse visa

c: File for a CR1, immigrant, spouse visa

Based on your case, all of these options may not be available to you. Don't be afraid to ask us questions-we're here to help! Once you feel you have a firmer grasp on the processes, talk to your lawyer about your options.

And, best of luck.

Edited February 22, 2008 by LadyJane

[wifetobe 2]

It sounds to me that you are eligible for a visa-you are not the one with a criminal history. (But I'm not a lawyer: just a graduate student!)

I have two questions. Hopefully someone can help out.

1. Does an I-130 petition encounter the same IMBRA restrictions as an I-129f petition?

2. If it is the USC that has the record, then why would a 601 waiver be necessary? I'm not sure it applies.

Actually three questions:

3. Because you aren't filing your petitions directly at the consulate (also known as DCF), then would Adam Walsh apply?

Before you talk to your lawyer again, read all of the guides here on VJ and become more educated about your options. There are pros and cons to each visa option. You have three marriage-based options:

a: File for a K1, non immigrant, fiance visa

b: File for a K3, non immigrant, spouse visa

c: File for a CR1, immigrant, spouse visa

Based on your case, all of these options may not be available to you. Don't be afraid to ask us questions-we're here to help! Once you feel you have a firmer grasp on the processes, talk to your lawyer about your options.

And, best of luck.

I am still studying my way through the VJ site and VJ is like my coffee in the morning.... it is sooo helpful, including your helpful comments and others. I am grasping more info on how the processes work because I'm not completely sure. As I read on I learn more. Only the K1 option applies to us right now. If our case is denied he will be on the next plane to the UK so we can marry. If the worst finds us we will marry either way whether its in India or Timbuktu, and maybe study the option and apply for a K3. I hope we don't have to head that route because it has been forever a process already but patience sees us to a happy ending either way.

I'm sorry I'm not equipped enough to answer your questions, though my answer to question 2 (and I'm only guessing) suggests that the crime that the USC committed does not require the waiver as it is not relative to part C 2&3..? Ignore me if I'm wrong.... "yuanddan" is your most helpful candidate here. She/He is like a lawyer for this site

The very best of luck to your future happiness.