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JApluto

IMBRA and criminal records

By JApluto in IMBRA Special Topics

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JApluto Newbie

JApluto   0

Posted
Filed: K-1 Visa Timeline
Posted

I have a question that maybe some folks can help me with.

I met my finance in Thailand thru no paid service. Does this situation fall under IMBRA?

Second, I have three misdemeanors. 2 DUI from over 15 to 20 years ago. I was arrested for DUI 9 years, but I was able to get the charges reduced to Reckless Driving. There was no alcohol conviction. I did however have to attend alcohol classes. Would this situation require a waiver for IMBRA?

Thanks. Any help is appreciated.

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CowBoE Proficient

CowBoE   429

Posted
Filed: AOS (pnd) Country: China
 Timeline
Posted

You didn't state clearly, but looking at your profile, you are intending to petition for a K1 visa,

then you will need to submit I-129F (and other documents).

If you read the IMBRA requirement very carefully here:

http://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

But to be sure, you can ask the agency/site where you two met as to whether they fall under IMBRA.

But based on minimal description you provided, it wouldn't be IMBRA at all.

Also, DUI is awful record to have, worse yet, life threatening habit that have the potential wreck the lives of

you, your future family, and unfortunate recipient parties that you could get into accident with.

If my family member were considering marrying repeat DUI offender, I would try to convince them out of it firmly.

But, hopefully its all history and you've sobered up, right?

As bad as DUI is, I don't see any mention to report those records in I-129F filing.

So I think you may be completely OK.

However, I can see on USCIS site that they will run background check on you,

so I don't know if they will look deeply into this and cause impact to your K1 visa processing.

I'm thinking not.

Best of luck!

10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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  • 2 weeks later...
Thane Explorer

Thane   8

Posted
Filed: K-1 Visa Country: Thailand
 Timeline
Posted

Per the I-129F, it is only necessary to mention a DUI if it is the 3rd occasion, but if you had any other alcohol/substance related charges, then you would need to mention all three.

-Jan 24th, 2014 sent in I-129F

-Jan 31ist, 2014 received NOA1 via text/email. Arrived at CSC

-Feb 4th, 2014 received Alien registration number.

-Feb 24th, 2014 received NOA2

-Mar 12, 2014 Arrived at Embassy

-Mar 20, 2014 Packet 3 sent to Embassy

-Mar 28, 2014 Received packet 3 instructions in mail

-Mar 25, 2014 Interview date set

-Apr 4, 2014 Interview.. approved :dancing:

-May 21, 2014 - PoE LV NV

-May 30, 2014 - Married

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  • 1 month later...
jbrd Apprentice

jbrd   0

Posted
Filed: K-1 Visa Timeline
Posted (edited)

Have question too on the IMBRA, like mention above. I had 2 DUIs and one DWI and all where dropped to reckless driving, 2 of them where over 25 years ago while I was serving in the army. Have one about 5 years ago all where dropped to reckless driving, I do not drink after I got the one 5 years ago. Do I still need to present a police record?

Edited by jbrd
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  • 2 weeks later...
TBoneTX Grand Master

TBoneTX   44,674

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

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

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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