Confused about Criminal History

[pushbrk 12,881]

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.

The Adam Walsh act came up in response to a more general question about criminal background and its impact on the visa process. IMBRA issues won't get you denied by AWA issues will. Skipping an I-129F allows some to avoid obtaining and providing court records.

[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.

The Adam Walsh act came up in response to a more general question about criminal background and its impact on the visa process. IMBRA issues won't get you denied by AWA issues will. Skipping an I-129F allows some to avoid obtaining and providing court records.

Sorry to be annoying. Just to be clear. "They wont deny you for convictions related to IMBRA, and it is only for disclosure to the foreign fiance/spouse" Is that an accurate statement?

[pushbrk 12,881]

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.

The Adam Walsh act came up in response to a more general question about criminal background and its impact on the visa process. IMBRA issues won't get you denied by AWA issues will. Skipping an I-129F allows some to avoid obtaining and providing court records.

Sorry to be annoying. Just to be clear. "They wont deny you for convictions related to IMBRA, and it is only for disclosure to the foreign fiance/spouse" Is that an accurate statement?

Yes it is but AWA related convictions WILL get you denied and the title of the thread is "Confused about Criminal History" not "Confused about IMBRA".

[Y's_habibitk 2]

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.

It's ok. No one is ever 100% sure. We all get nervous

Im glad you are getting some answers

Lisa

[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.

The Adam Walsh act came up in response to a more general question about criminal background and its impact on the visa process. IMBRA issues won't get you denied by AWA issues will. Skipping an I-129F allows some to avoid obtaining and providing court records.

Sorry to be annoying. Just to be clear. "They wont deny you for convictions related to IMBRA, and it is only for disclosure to the foreign fiance/spouse" Is that an accurate statement?

Yes it is but AWA related convictions WILL get you denied and the title of the thread is "Confused about Criminal History" not "Confused about IMBRA".

I'll try not to deviate from strict adherence to the topic post in the future. Somehow "Confused about Criminal History" and "Confused about IMBRA" seemed somehow related. I wont make the mistake again.

[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?

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.

The Adam Walsh act came up in response to a more general question about criminal background and its impact on the visa process. IMBRA issues won't get you denied by AWA issues will. Skipping an I-129F allows some to avoid obtaining and providing court records.

Sorry to be annoying. Just to be clear. "They wont deny you for convictions related to IMBRA, and it is only for disclosure to the foreign fiance/spouse" Is that an accurate statement?

I wouldn't say that is completely accurate. Unless someone can speak directly to this, we don't really know. A few people on here who have asked about this, and depending on the offences, they have never got back to us. It appears that's what the purpose is, however, we don't really know if people get denied.

You're not annoying, and don't apologize.

[pushbrk 12,881]

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.

The Adam Walsh act came up in response to a more general question about criminal background and its impact on the visa process. IMBRA issues won't get you denied by AWA issues will. Skipping an I-129F allows some to avoid obtaining and providing court records.

Sorry to be annoying. Just to be clear. "They wont deny you for convictions related to IMBRA, and it is only for disclosure to the foreign fiance/spouse" Is that an accurate statement?

I wouldn't say that is completely accurate. Unless someone can speak directly to this, we don't really know. A few people on here who have asked about this, and depending on the offences, they have never got back to us. It appears that's what the purpose is, however, we don't really know if people get denied.

You're not annoying, and don't apologize.

It's an accurate statement. IMBRA is about informing beneficiaries. It has no provisions for denying petitions or visas. We don't need a report back when we understand the purpose of the law to begin with.

[pushbrk 12,881]

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.

The Adam Walsh act came up in response to a more general question about criminal background and its impact on the visa process. IMBRA issues won't get you denied by AWA issues will. Skipping an I-129F allows some to avoid obtaining and providing court records.

Sorry to be annoying. Just to be clear. "They wont deny you for convictions related to IMBRA, and it is only for disclosure to the foreign fiance/spouse" Is that an accurate statement?

Yes it is but AWA related convictions WILL get you denied and the title of the thread is "Confused about Criminal History" not "Confused about IMBRA".

I'll try not to deviate from strict adherence to the topic post in the future. Somehow "Confused about Criminal History" and "Confused about IMBRA" seemed somehow related. I wont make the mistake again.

The point was that they ARE related. I was responding to an earlier poster who didn't seem to understand why we were discussing AWA in the IMBRA forum. It's because a poster asked if it was correct his petition wouldn't be denied based on his criminal history. I said it wasn't correct because if the history fell under AWA, he would be denied. Since then, AWA has been part of the discussion.

So, your statement is accurate but doesn't cover the full scope of criminal history being discussed in the thread.

[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.

The Adam Walsh act came up in response to a more general question about criminal background and its impact on the visa process. IMBRA issues won't get you denied by AWA issues will. Skipping an I-129F allows some to avoid obtaining and providing court records.

Sorry to be annoying. Just to be clear. "They wont deny you for convictions related to IMBRA, and it is only for disclosure to the foreign fiance/spouse" Is that an accurate statement?

Yes it is but AWA related convictions WILL get you denied and the title of the thread is "Confused about Criminal History" not "Confused about IMBRA".

I'll try not to deviate from strict adherence to the topic post in the future. Somehow "Confused about Criminal History" and "Confused about IMBRA" seemed somehow related. I wont make the mistake again.

The point was that they ARE related. I was responding to an earlier poster who didn't seem to understand why we were discussing AWA in the IMBRA forum. It's because a poster asked if it was correct his petition wouldn't be denied based on his criminal history. I said it wasn't correct because if the history fell under AWA, he would be denied. Since then, AWA has been part of the discussion.

So, your statement is accurate but doesn't cover the full scope of criminal history being discussed in the thread.

Thank you very much. Your answer is a relief.

[t0+ 1]

I wouldn't say that is completely accurate. Unless someone can speak directly to this, we don't really know. A few people on here who have asked about this, and depending on the offences, they have never got back to us. It appears that's what the purpose is, however, we don't really know if people get denied.

You're not annoying, and don't apologize.

pushbrk is absolutely correct. Adam Walsh Act has nothing to do with Alcohol, drug or violent convictions of the petitioner. AWA is only concerned with the USC criminal convictions against minors. You will have to get a waiver for this, but we have not heard of a single case where the waiver was issued. This is most likely due to the relative newness of the case as we have not heard of any denials either. Just people in limbo.

IMBRA is only a mechanism for notifying the beneficiary about the specified crimes (alcohol, drugs, domestic abuse, etc.). You will have to provide court records for all convictions that fall under IMBRA. You can expect USCIS and the embassy to give you a hard time, but as long as you comply with everything they ask and the beneficiary is aware of everything...ít won't result in a denial.

I am not too sure about IMBRA not applying to K3 applications. I beleive the law has written "The K visa applicant", and this would make one assume that both K1 and K3 are subject to IMBRA. It could be that USCIS is interpreting this differently. We have definately seem them do that before.

Good Luck!