Do I need IMBRA waiver??

[dave68 0]

I did NOT use a marriage agency to meet my fiancee. I had 2 driving while inpaired convictions in my late teens (1980`s). Since then I did recieve another DWAI in 2003. I know stupid!!

I have been reading this site, and seems to be conflicting advice on if you need waiver if you did not use a marriage agency. I told fiancee, and no problem for her

If I need how do I do waiver, and how long does it take? Sorry for so many questions, but starting K-1 myself soon. Thank you.

[payxibka 10,045]

I did NOT use a marriage agency to meet my fiancee. I had 2 driving while inpaired convictions in my late teens (1980`s). Since then I did recieve another DWAI in 2003. I know stupid!!

I have been reading this site, and seems to be conflicting advice on if you need waiver if you did not use a marriage agency. I told fiancee, and no problem for her

If I need how do I do waiver, and how long does it take? Sorry for so many questions, but starting K-1 myself soon. Thank you.

Using an IMB (International Marriage Broker or marriage agency) does NOT require a waiver as it has no apparent bearing on the application other than to indicate it as such. What requires a waiver is if you have had multiple "K" filings previously (if petitioning for a K-1) or if your record of criminal convictions meet the criteria. The crimes that require a waiver request are listed in the instructions.

[payxibka 10,045]

I did NOT use a marriage agency to meet my fiancee. I had 2 driving while inpaired convictions in my late teens (1980`s). Since then I did recieve another DWAI in 2003. I know stupid!!

I have been reading this site, and seems to be conflicting advice on if you need waiver if you did not use a marriage agency. I told fiancee, and no problem for her

If I need how do I do waiver, and how long does it take? Sorry for so many questions, but starting K-1 myself soon. Thank you.

Using an IMB (International Marriage Broker or marriage agency) does NOT require a waiver as it has no apparent bearing on the application other than to indicate it as such. What requires a waiver is if you have had multiple "K" filings previously (if petitioning for a K-1) or if your record of criminal convictions meet the criteria. The crimes that require a waiver request are listed in the instructions.

Well not quite. It lists a few things you need to say yes or no to. There is no "list" of things that need a waiver in the instructions. They are ambiguous at best.

Crimes relating to a controlled substance or alcohol on three or more occasions, and such crimes did not arise from a single act. The ambiguity is if it includes misdemeanor, gross misdemeanor or felony convictions.

I think it would be wise to request a waiver based on 3 convictions for DUI just to be safe....

Edited February 27, 2007 by fwaguy

[dave68 0]

I just read the I 129F again two times. The way I understand it a broker has no bearing on anything my mistake. Violent/ domestic disputes, or 2 or more K-1 Visa`s require a waiver. For The alcohol/drug 3 convictions or more they just say you must submit CERTIFIED copies of what happened. The form speaks about waiver for everything except the alcohol, or drug convictions.

Thank you to the guys that responded. I am really even more confused now. My convictions were all traffic. They are not even misdemeanors. The instructions seem clear to provide certified copies of what happened. I just hate to have a big elay in my K-1 because of it.

F can`t see the rest of your handle now, my fiance is also from Ukraine. I love it there. Thanks for any advice anybody can come up with.

Does anybody know If you can call the homeland security department to clear up such problems. I am going to check now.

[1HappyGuy 45]

It seems that you are confusing some aspects of IMBRA as it relates to the I-129F. The first part of the form that specifically deals with IMBRA are the questions related to prior fiancee applications and the use of International Marriage Brokers. It sounds from your description that you don't fall into this category.

However, you have to know that IMBRA was part of the Violence Against Women Act of 2005 (VAWA) which went into effect on March 6, 2006. One of the primary purposes of the law was to inform mainly foreign women of possible problems with the man they intended to marry. It seems that part C of the form is where your concerns lie. I don't think that just having some past problems automatically excludes you from the application or requires a request for waiver. But, you should probably inform your fiancee of all that you are planning to disclose first. Tell her about each incident and when it happen in your life.

If she still doesn't seem to be concerned, then proceed with the application. Just be sure to make full and honest disclosure of the incidents. I would choose wording that is honest but perhaps sheds a softer light on the incidents. What you want to avoid is your fiancee finding out about these things at the embassy interview. That could be disastrous.

Honesty is still the best policy.

[dave68 0]

It seems that you are confusing some aspects of IMBRA as it relates to the I-129F. The first part of the form that specifically deals with IMBRA are the questions related to prior fiancee applications and the use of International Marriage Brokers. It sounds from your description that you don't fall into this category.

However, you have to know that IMBRA was part of the Violence Against Women Act of 2005 (VAWA) which went into effect on March 6, 2006. One of the primary purposes of the law was to inform mainly foreign women of possible problems with the man they intended to marry. It seems that part C of the form is where your concerns lie. I don't think that just having some past problems automatically excludes you from the application or requires a request for waiver. But, you should probably inform your fiancee of all that you are planning to disclose first. Tell her about each incident and when it happen in your life.

If she still doesn't seem to be concerned, then proceed with the application. Just be sure to make full and honest disclosure of the incidents. I would choose wording that is honest but perhaps sheds a softer light on the incidents. What you want to avoid is your fiancee finding out about these things at the embassy interview. That could be disastrous.

Honesty is still the best policy.

I was confusing the two. I called USCIS today, and the woman said what I stated above. I need to submit certified police reports, court dispositions which I have. She said I do not need a waiver, and read me part 3 of instructions from I-129F. Hope she is right.

My fiance is in full knowledge of what I did. I told her I was a Punk when I was young, lol. If anybody disagrees with anything USCIS said please say so. Thanks

[ding 1]

So how would I get a 'certified police report'? My DUI was long ago. Do they keep records that old available?

Thanks for the help too.

[dave68 0]

So how would I get a 'certified police report'? My DUI was long ago. Do they keep records that old available?

Thanks for the help too.

I had certificates of disposition. They were not certified/stamped with a seal. I got 2 of them done. The court clerk told me after 10 years records are able to be destroyed. Some towns do, some don`t. If you do not have anything to show them, I guess you could records from motor vehicle department, or police dept.

[Dean iWait 0]

It seems that you are confusing some aspects of IMBRA as it relates to the I-129F. The first part of the form that specifically deals with IMBRA are the questions related to prior fiancee applications and the use of International Marriage Brokers. It sounds from your description that you don't fall into this category.

However, you have to know that IMBRA was part of the Violence Against Women Act of 2005 (VAWA) which went into effect on March 6, 2006. One of the primary purposes of the law was to inform mainly foreign women of possible problems with the man they intended to marry. It seems that part C of the form is where your concerns lie. I don't think that just having some past problems automatically excludes you from the application or requires a request for waiver. But, you should probably inform your fiancee of all that you are planning to disclose first. Tell her about each incident and when it happen in your life.

If she still doesn't seem to be concerned, then proceed with the application. Just be sure to make full and honest disclosure of the incidents. I would choose wording that is honest but perhaps sheds a softer light on the incidents. What you want to avoid is your fiancee finding out about these things at the embassy interview. That could be disastrous.

Honesty is still the best policy.

I was confusing the two. I called USCIS today, and the woman said what I stated above. I need to submit certified police reports, court dispositions which I have. She said I do not need a waiver, and read me part 3 of instructions from I-129F. Hope she is right.

My fiance is in full knowledge of what I did. I told her I was a Punk when I was young, lol. If anybody disagrees with anything USCIS said please say so. Thanks

That is correct. Some of the posters here are still a bit confused it seems as I once was in regards to IMBRA . Waivers are NOT required for IMBRA specific criminal convictions. Waivers are required for filing of multiple K-1's only.

[Dean iWait 0]

So how would I get a 'certified police report'? My DUI was long ago. Do they keep records that old available?

Thanks for the help too.

Have you had 3 or more DUI or alcohol/drug related convictions? If not don't worry about it.

[chrisepic 0]

Just to let you know, I just sent my Certified Docket Request today! I called the court house, they gave me my case number and told me to send a self-addressed stamped envelope with a written request for a certified docket (showing my conviction and satisfactory completion of all sentence requirements and probation), a blank check "not to exceed $25.00), and they would mail it to me immediately.

I also sent a request for an exungement form that will show my case dismissed once approved!!! That will cost me $60.00

So my question is: with a certified docket and a letter from my fiancee stating my full disclosure to her of my criminal history, do I need to get an IMBRA waiver, or should these things I m gathering be sufficient?

[Dean iWait 0]

Just to let you know, I just sent my Certified Docket Request today! I called the court house, they gave me my case number and told me to send a self-addressed stamped envelope with a written request for a certified docket (showing my conviction and satisfactory completion of all sentence requirements and probation), a blank check "not to exceed $25.00), and they would mail it to me immediately.

I also sent a request for an exungement form that will show my case dismissed once approved!!! That will cost me $60.00

So my question is: with a certified docket and a letter from my fiancee stating my full disclosure to her of my criminal history, do I need to get an IMBRA waiver, or should these things I m gathering be sufficient?

Waivers are NOT required for IMBRA specific criminal convictions. Waivers are required for filing of multiple K-1's/K-3's only.

Edited March 8, 2007 by Dean iWait

[Barranquilla7 0]

Just to let you know, I just sent my Certified Docket Request today! I called the court house, they gave me my case number and told me to send a self-addressed stamped envelope with a written request for a certified docket (showing my conviction and satisfactory completion of all sentence requirements and probation), a blank check "not to exceed $25.00), and they would mail it to me immediately.

I also sent a request for an exungement form that will show my case dismissed once approved!!! That will cost me $60.00

So my question is: with a certified docket and a letter from my fiancee stating my full disclosure to her of my criminal history, do I need to get an IMBRA waiver, or should these things I m gathering be sufficient?

Waivers are NOT required for IMBRA specific criminal convictions. Waivers are required for filing of multiple K-1's/K-3's only.

Yes Dean thank you for the info. Could you please post who the source of this info. is from?? This is the first that I have heard of this. I have heard different from immigration lawyers. But they have been known to be wrong every now and then. Thanks.

[Dean iWait 0]

Sure my first source is the attachment. Read it carefully. If you do you will see that you only need the waiver if you are filing multiple K-1's. I think people get confused as it goes on to state that if you have a violent criminal history that your waiver for filing multiple pettions may be denied except for extraordinary circumstances.

My second source is me. I had an IMBRA specific misdemeanor conviction 16 years ago. I answered yes. Provided certified court documents and police record. I filed no waiver. We are approved.

IMBRA072106.pdf

[Dean iWait 0]

Let me just add that if you feel that you need to file a waiver I don't beleive it would hurt you even if it was not required in your situation. Would filing unnecessary documents slow the processing of your case? I don't know. Maybe.