Confused about Criminal History

[jnav29 1]

I am a US citizen and want to file an I-129F for my fiancee. I have a past criminal record. Some assault and batteries from 1989, 1990, 1993 and 2002. I was only convicted on one of those and the other three were dismissed. I aslo have a drug conviction from 1994 for distribution of a class C substance. I have not been in any problems with the law since.

My question is do I have to provide my entire criminal record with the I-129F form or only the convicted charges? Also am I at risk of getting denied because of my criminal past?

What documents should I provide with the I-129F about my criminal record? Is a CORI good or should it be official court docs and police records?

My finacee does not have a criminal record.

Thanks to all that answer. This is a stressful time for me as I am sure it is for many on this website.

[desert_fox 32]

I dont that much about beating up women, but I think you need a report for every occurence. I guess she sees something in you, so I wont be negative.

[jnav29 1]

I dont that much about beating up women, but I think you need a report for every occurence. I guess she sees something in you, so I wont be negative.

None of my assault and battery charges were for beating up women. They were for fighting when I was younger. I do not have any charges for assaulting women.

[wifetobe 2]

I dont that much about beating up women, but I think you need a report for every occurence. I guess she sees something in you, so I wont be negative.

LOL you made it blatently obvious to be negative.

[Ray and Geraldyn 0]

I dont that much about beating up women, I guess she sees something in you, so I wont be negative.

Can you get any more nagative

I dont that much about beating up women, but I think you need a report for every occurence. I guess she sees something in you, so I wont be negative.

None of my assault and battery charges were for beating up women. They were for fighting when I was younger. I do not have any charges for assaulting women.

This is why allot of people that really need help do not post In this case when you....assume....You just make an ASSume out of YOU and well...YOU!

[wifetobe 2]

I dont that much about beating up women, I guess she sees something in you, so I wont be negative.

Can you get any more nagative

I dont that much about beating up women, but I think you need a report for every occurence. I guess she sees something in you, so I wont be negative.

None of my assault and battery charges were for beating up women. They were for fighting when I was younger. I do not have any charges for assaulting women.

This is why allot of people that really need help do not post In this case when you....assume....You just make an ASSume out of YOU and well...YOU!

I agree Ray & Geraldyn, desert fox should realise that this is a specific topic relating to certain questions that people might be in a bit of a tight spot with or unsure about. To the OP nope your case will not be denied because you have a criminal record. (If it were the beneficiary) then yes you will have all sorts of problems. Just submit all you have and make sure your fiance is in the full 'know' of your past. The consulate will however choose to closely scrutinize your case even more because of your record. The very best to you both

[Rob & Jin 0]

As the USC (petitioner) you only need to disclose crimes listed on the I-129f.

[jnav29 1]

As the USC (petitioner) you only need to disclose crimes listed on the I-129f.

Thank you to all that replied. I am not sure where the assumption came that I beat women, but whatever that is not important. What is important is that your added replies answered my question and gave me more hope in bringing my fiancee home to me. Thanks so much.

[pushbrk 13,011]

As the USC (petitioner) you only need to disclose crimes listed on the I-129f.

Thank you to all that replied. I am not sure where the assumption came that I beat women, but whatever that is not important. What is important is that your added replies answered my question and gave me more hope in bringing my fiancee home to me. Thanks so much.

You might have avoided the errant assumption by reading the I-129F before posting. In the IMBRA forum, the most applicable assault and battery is related to domestic abuse.

Just answer the questions on the form and provide any court documentation required for a yes answer, if any.

[jnav29 1]

As the USC (petitioner) you only need to disclose crimes listed on the I-129f.

Thank you to all that replied. I am not sure where the assumption came that I beat women, but whatever that is not important. What is important is that your added replies answered my question and gave me more hope in bringing my fiancee home to me. Thanks so much.

You might have avoided the errant assumption by reading the I-129F before posting. In the IMBRA forum, the most applicable assault and battery is related to domestic abuse.

Just answer the questions on the form and provide any court documentation required for a yes answer, if any.

I did read the I-129F form before posting. I was just not 100% sure about what I had read thus the posting for help. Thanks for your help.

[daboyz 36]

I found this on an attorney website related to IMBRA. Not sure if it is true about the K-3. Any thoughts?

"Immigration regulations under IMBRA prohibit the issuance of a K1 fiance visa without an approved waiver in two sets of circumstances. The two areas are 1) a US citizen petitioner with a criminal conviction for a specified crime, and 2) a US petitioner who has previously filed K-1 visa petitions or had a K-1 visa petition approved within the previous two years. IMBRA regulations do not prohibit the issuance of a K-3 spousal visa if the petitioner has criminal convictions, not matter how serious the crime. However, disclosure of convictions is still required."

[Carlawarla 1]

On July 27, 2006, the Adam Walsh Child Protection and Safety Act (Adam Walsh Act), Pub. L. No. 109-248, became law. Section 402 of that Act amends INA 204(a)(1) and 101(a)(15)(K), rendering ineligible to file a petition for immigrant status under INA 203(a) (I-130 or I-600), or for nonimmigrant K status (I-129F), any petitioner who has been convicted of a "specified offense against a minor," defined in section 111 of the Adam Walsh Act as an offense involving any of the following:

A) An offense (unless committed by a parent or guardian) involving kidnapping.

B An offense (unless committed by a parent or guardian) involving false imprisonment.

C) Solicitation to engage in sexual conduct.

D) Use in a sexual performance.

E) Solicitation to practice prostitution.

F) Video voyeurism as described in section 1801 of title 18, United States Code.

G) Possession, production, or distribution of child pornography.

H) Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct.

I) Any conduct that by its nature is a sex offense against a minor.

This text says I-130's and I-129's. If it was only a matter of being married or not, then everyone would just get married and therefore bypass this Act.

Edited August 5, 2008 by Carlawarla

[daboyz 36]

Just to clarify, I believe the Adam Walsh Act and IMBRA are two different things.

[Carlawarla 1]

Just to clarify, I believe the Adam Walsh Act and IMBRA are two different things.

Yes, you're right. However wouldn't the same issues apply? While I believe IMBRA is about notifying the beneficiary about the US citizen's background, I still do not believe it's an issue of if you're married, that's okay vs. if you're engaged, we need to notify her. Isn't there an assumption then that the beneficary doesn't have to know? Hmm, the few cases that we've seen on here, we hear little information other than they send their application in, and then the people don't return to tell us what happened. One of the first IMBRA petitioners I remember had 3 DUI's and his wife knew about them.

IMBRA differs from the Adam Walsh Act in that the Adam Walsh Act primarily dealt with convictions for certain specified crimes against children. IMBRA deals with specified convictions against any person , which demonstrate that the petitioner may have a history of violence or drug or alcohol abuse. The U.S. Government wants to make sure that a citizen with a violent criminal past does not petition and does bring over a fiancée and then batters or beats her.

In the past, it had always been important to evaluate the beneficiary's background (or criminal conduct). These new laws now require same sort of evaluation of the petitioner's background .

Unfortunately, I know that some people have posted on here that it's okay, just send in your stuff, waivers blahblahblah, but we really have no idea where there are multiple offences, domestic abuse, etc. whether it does have an impact. Googling law firms that have handled these type of cases seem to be cautious about saying people will get a visa. Matter of fact, some don't even handle such matters.

Are you someone in particular that is facing these issues?

Edited August 5, 2008 by Carlawarla

[daboyz 36]

Just to clarify, I believe the Adam Walsh Act and IMBRA are two different things.

Yes, you're right. However wouldn't the same issues apply? While I believe IMBRA is about notifying the beneficiary about the US citizen's background, I still do not believe it's an issue of if you're married, that's okay vs. if you're engaged, we need to notify her. Isn't there an assumption then that the beneficary doesn't have to know? Hmm, the few cases that we've seen on here, we hear little information other than they send their application in, and then the people don't return to tell us what happened. One of the first IMBRA petitioners I remember had 3 DUI's and his wife knew about them.

IMBRA differs from the Adam Walsh Act in that the Adam Walsh Act primarily dealt with convictions for certain specified crimes against children. IMBRA deals with specified convictions against any person , which demonstrate that the petitioner may have a history of violence or drug or alcohol abuse. The U.S. Government wants to make sure that a citizen with a violent criminal past does not petition and does bring over a fiancée and then batters or beats her.

In the past, it had always been important to evaluate the beneficiary's background (or criminal conduct). These new laws now require same sort of evaluation of the petitioner's background .

Unfortunately, I know that some people have posted on here that it's okay, just send in your stuff, waivers blahblahblah, but we really have no idea where there are multiple offences, domestic abuse, etc. whether it does have an impact. Googling law firms that have handled these type of cases seem to be cautious about saying people will get a visa. Matter of fact, some don't even handle such matters.

Are you someone in particular that is facing these issues?

I'm not an expert by any means, but I was told that there is a difference concerning IMBRA. That IMBRA applies differently to K-1s than it does to K-3s. Which when it comes to IMBRA that kinda makes sense. Specifically, if you have 3 or more drug or alcohol convictions, they don't ask anything about it on the I-130, only on the I-129F, so that leads me to believe that IMBRA does not apply to IR-1/CR-1 visas, because there is no I-129F filed.

So that said, if you are already married, and you have the drug/alcohol convictions, why not just file the IR1/CR1 and then IMBRA drug/alcohol stuff would not apply to you. According to my lawyer, it doesn't apply to K-3s either.

Looking at the Adam Walsh act, that clearly says I-130, I-129F, etc. etc.