K-1 Felonies question

[htgolfer1 0]

I have applied for my fiance visa back in September. I went to the Philippines in August and spent 3 weeks and I got home and prepared my packet. I asked advice because I saw another thread about felonies and someone said something to the effect that they wont effect you unless it was an act against a child or you had 3 or more felonies. Well I happen to have 4 felonies in my past that were drug related. I asked an attorney beforehand and he said he thought I would be ok. The convictions were in 2002 and I served time for them. I now have six years clean time in November and I am farming again and do volunteer work with the Sheriff talking to other kids about the drugs and the choices. As i told him I can get letters from the Sheriff and a detective that I also work with in another program stating how I have changed my life.

My question is , do the felonies automatically make me denied ? I pray that isn't the case. If it is , is there any other way to marry her and bring her here ? Thank you all and God bless.

[YuAndDan 153]

Depends on the crime you were convicted of, the IMBRA part of the I-129F just requires that you provide your record to USCIS so that this can be disclosed to the beneficiary as part of the IMBRA law.

From I-129F directions:

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 cohabitating with or has cohabitated 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, or an 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.

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

[htgolfer1 0]

Depends on the crime you were convicted of, the IMBRA part of the I-129F just requires that you provide your record to USCIS so that this can be disclosed to the beneficiary as part of the IMBRA law.

From I-129F directions:

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 cohabitating with or has cohabitated 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, or an 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.

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

Thank you for your response. On my 129 it didn't say anything about a certified copy of the records. It simply said to take a separate paper and give information about each felony such as date, charge and sentence or fine. That's exactly what i did for them after I went to get my records so I could be 100% accurate on the dates ,charges, and fines. I hope I didn't just cost myself a delay.

[YuAndDan 153]

Thank you for your response. On my 129 it didn't say anything about a certified copy of the records. It simply said to take a separate paper and give information about each felony such as date, charge and sentence or fine. That's exactly what i did for them after I went to get my records so I could be 100% accurate on the dates ,charges, and fines. I hope I didn't just cost myself a delay.

Expect an RFE, the I-129F assumes you read the form's instructions, and the instructions say Certified Records. I would get them and the wait for any RFE.

[htgolfer1 0]

Thank you for your response. On my 129 it didn't say anything about a certified copy of the records. It simply said to take a separate paper and give information about each felony such as date, charge and sentence or fine. That's exactly what i did for them after I went to get my records so I could be 100% accurate on the dates ,charges, and fines. I hope I didn't just cost myself a delay.

Expect an RFE, the I-129F assumes you read the form's instructions, and the instructions say Certified Records. I would get them and the wait for any RFE.

Thanks, I appreciate your input. It feel bad that I may have caused us a delay for no reason.

[pushbrk 12,824]

Thank you for your response. On my 129 it didn't say anything about a certified copy of the records. It simply said to take a separate paper and give information about each felony such as date, charge and sentence or fine. That's exactly what i did for them after I went to get my records so I could be 100% accurate on the dates ,charges, and fines. I hope I didn't just cost myself a delay.

Expect an RFE, the I-129F assumes you read the form's instructions, and the instructions say Certified Records. I would get them and the wait for any RFE.

Thanks, I appreciate your input. It feel bad that I may have caused us a delay for no reason.

The delay is for a reason. The reason is you didn't read carefully, interpret literally and act accordingly. IMBRA is about informing foreign fiances. As such criminal convictions other than Adam Walsh act related (sexual crimes against children) are not grounds for petition denial.

Just to clarify, you should have filed an I-129F, not an I-129 and as the US Citizen there is no such thing as "your visa". Your fiance can apply for a visa after your petition is approved. It's "her visa".

[*JG* 2]

I hope it works out for you.

[htgolfer1 0]

Thank you for your response. On my 129 it didn't say anything about a certified copy of the records. It simply said to take a separate paper and give information about each felony such as date, charge and sentence or fine. That's exactly what i did for them after I went to get my records so I could be 100% accurate on the dates ,charges, and fines. I hope I didn't just cost myself a delay.

Expect an RFE, the I-129F assumes you read the form's instructions, and the instructions say Certified Records. I would get them and the wait for any RFE.

Thanks, I appreciate your input. It feel bad that I may have caused us a delay for no reason.

The delay is for a reason. The reason is you didn't read carefully, interpret literally and act accordingly. IMBRA is about informing foreign fiances. As such criminal convictions other than Adam Walsh act related (sexual crimes against children) are not grounds for petition denial.

Just to clarify, you should have filed an I-129F, not an I-129 and as the US Citizen there is no such thing as "your visa". Your fiance can apply for a visa after your petition is approved. It's "her visa".

I actually get the fact that its her visa and not mine. LOL The reason i didn't read it was because I had an attorney fill out the forms after I answered a questionnaire so I never knew there were instructions up until now. I wanted to be sure that everything was done right so I could get her here sooner and now it appears that it may backfire. I appreciate all the advice and well wishes. Take care and God Bless.

[BUHOK 0]

I have applied for my fiance visa back in September. I went to the Philippines in August and spent 3 weeks and I got home and prepared my packet. I asked advice because I saw another thread about felonies and someone said something to the effect that they wont effect you unless it was an act against a child or you had 3 or more felonies. Well I happen to have 4 felonies in my past that were drug related. I asked an attorney beforehand and he said he thought I would be ok. The convictions were in 2002 and I served time for them. I now have six years clean time in November and I am farming again and do volunteer work with the Sheriff talking to other kids about the drugs and the choices. As i told him I can get letters from the Sheriff and a detective that I also work with in another program stating how I have changed my life.

My question is , do the felonies automatically make me denied ? I pray that isn't the case. If it is , is there any other way to marry her and bring her here ? Thank you all and God bless.

If it will not affect you visa then expect a delay to this process specially when you are getting somebody from the Philippines. I am from the Philippines but my issuing visa was abu dhabi and I didn't have CFO not like in the Philippines. As what I heard CFO is really tough. Be positive!