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Confused about Criminal History

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Filed: Other Country: China
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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.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: IR-1/CR-1 Visa Country: Thailand
Timeline
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?

Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

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Filed: Other Country: China
Timeline
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".

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: AOS (apr) Country: Jordan
Timeline
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

"you fondle my trigger then you blame my gun"

Timeline: 13 month long journey from filing to visa in hand

If you were lucky and got an approval and reunion with your loved one rather quickly; Please refrain from telling people who waited 6+ months just to get out of a service center to "chill out" or to "stop whining" It's insensitive,and unecessary. Once you walk a mile in their shoes you will understand and be heard.

Thanks!

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Filed: IR-1/CR-1 Visa Country: Thailand
Timeline
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.

Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

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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.

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Filed: Other Country: China
Timeline
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.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: Other Country: China
Timeline
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.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: IR-1/CR-1 Visa Country: Thailand
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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.

Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

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Filed: Citizen (apr) Country: Mexico
Timeline
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!

CSC - I-130 for Parents (IR5)

02/27/2012 : Sent to Chicago Lockbox

03/01/2012 : Delivered to Chicago Lockbox

03/07/2012 : Check Cashed (Fee $420*2)

03/12/2012 : Received NOA1

07/02/2012 : APPROVED (112 Days)

07/05/2012 : Received NOA2

NVC

07/09/2012 : NVC Received

--/--/2012 : Case# generated

--/--/2012 : DS-3032 (COA)

--/--/2012 : I-864 - AOS Fee $88*2

--/--/2012 : DS-230 - IV Fee ($330+$74)*2

--/--/2012 : Case Completed

--/--/2012 : Forwarded to Consulate [CDJ]

Consulate

--/--/2012 : Medical

--/--/2012 : Interview

--/--/2012 : POE

.....Waiting to for NVC to generate case# 2mww6.gif

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