Sending without Criminal history?

[AndyMisiu 0]

I am applying for the K1 fiancee visa. I 'm the petitioner and I'm not sure wether or not I will need to send in the criminal background check. I have a 2 convictions for driving under the influence and a couple of probation before judgements. Probation before judgement in Maryland is not a conviction. I have called and e-mailed over 100 lawyers and got mixed results. Some say the probation before judgement is considered a conviction on the federal level and others say it's not. So, some lawyers say I need to send it and others say I don't.

I'm gonna go ahead and get the background check from the state police department but it takes 30 days to receive it. I want to send in the application now and see if it flies or not. If they give me an RFE I hope it will be around the same time I would be receiving the background check and I can send it in.

What's all of your opinion?

[desert_fox 32]

I am applying for the K1 fiancee visa. I 'm the petitioner and I'm not sure wether or not I will need to send in the criminal background check. I have a 2 convictions for driving under the influence and a couple of probation before judgements. Probation before judgement in Maryland is not a conviction. I have called and e-mailed over 100 lawyers and got mixed results. Some say the probation before judgement is considered a conviction on the federal level and others say it's not. So, some lawyers say I need to send it and others say I don't.

I'm gonna go ahead and get the background check from the state police department but it takes 30 days to receive it. I want to send in the application now and see if it flies or not. If they give me an RFE I hope it will be around the same time I would be receiving the background check and I can send it in.

What's all of your opinion?

Seeing how you are the US Citizen, it wont make a bit of difference. You are required to submit police records?? I thought you only had to answer the questions.

They are only looking for convictions of domestic violence that the beneficary needs to know about.

[BradLuvsMaria 0]

I am applying for the K1 fiancee visa. I 'm the petitioner and I'm not sure wether or not I will need to send in the criminal background check. I have a 2 convictions for driving under the influence and a couple of probation before judgements. Probation before judgement in Maryland is not a conviction. I have called and e-mailed over 100 lawyers and got mixed results. Some say the probation before judgement is considered a conviction on the federal level and others say it's not. So, some lawyers say I need to send it and others say I don't.

I'm gonna go ahead and get the background check from the state police department but it takes 30 days to receive it. I want to send in the application now and see if it flies or not. If they give me an RFE I hope it will be around the same time I would be receiving the background check and I can send it in.

What's all of your opinion?

Seeing how you are the US Citizen, it wont make a bit of difference. You are required to submit police records?? I thought you only had to answer the questions.

They are only looking for convictions of domestic violence that the beneficary needs to know about.

I do not understand this amendment to the application system either. Yes the new law is fully intended to protect any international spouse from a person with convictions for being a violent person or worse in molestation cases. HOW DID A DUI NOW GET ASSOCIATED WITH BEING VIOLENT TOWARDS ANOTHER PERSON YOU WANT TO MARRY? I am complying and it does not matter as I told my Fiance at the very begiining of my many years ago past with DUI's. It just looks to me as someone through in this question. Excuse me but why not throw in the question of wheather you have been convicted of shoplifting our Burglery. A burgler certinly might freak and hurt the homeowner. A shoplifter might fight a security guard to get away. What is the connection for what they ask as "ANY" alcohol related offense?

[AndyMisiu 0]

Do you know anything about Probation Before Judgement? do you have an opinion if I should send in the I-129F first and wait for the RFE?

[Lizzy 0]

My fiancee, the USC was security checked because he had a conviction from his teen. SO it can make a differance:)

[Vagina Journey 0]

This is what came on my RFE the other day in regards to IMBRA and Convictions.

1.Did you meet your fiance or spouse through the services of an international marriage broker?

if so provide the name and where the international broker is located.

2.Have you ever been convicted by a court of law <civil or criminal> or court martialed by a military for any of the following crimes.

Domestic violence,sexual assult,child abuse and neglect,dating violence elder abuse and stalking

Homicide,murder,manslaughter,rape,abusivesexual contact,sexual exploration,incest torture etc etc

Three or more convictions for crimes to a controlled substance or alcohol not arising from a single act.

3. If you provided information of any of these listed

:was it self acting in self defence

:violated a protection order

or I commited,was arrested for, was convicted of of or plead guilty to committing a crime that did not result in serious bodily injury, etc

If you have any of the convicted it is up to you to supply certified copies of all court and police records showing the charges and dispositions for all convictions (This is required even if your recored have been sealed or otherwise cleared or if anyone, including a judge, law enforcement officer or attorney told you that you no longer have a record!!!

Good Luck !!!

Edited June 22, 2006 by QDilly

[BradLuvsMaria 0]

Do you know anything about Probation Before Judgement? do you have an opinion if I should send in the I-129F first and wait for the RFE?

I can only tell you what I am going to do. First, the actual wording of the instructional form for the I-129F Page #3, Question #9: "What Documents do you need to comply with the International Marriage Broker Regulation Act: If you have ever been convicted of any of the following crimes, submit certified copies of all court and police records showing the charges and dispositions for every such conviction". It goes on to say even if records were sealed! it is the latest I-129F form found on USCIS.GOV Notice it states Court & Police records!

My thoughts: I am in a situation similar to you. I had multiple DUI's but they where many years ago and one very far from where I live now. Most Police stations require you to show in person for their report. The County courts are less forgiving , However!, you need to know the File number for your case. They offer a Local PC in their Court house to look it up but again you have to travel to them.

I am going to submit all of the certified court and certified Police papers I can get for the four bad judgment days I had in my earlier years. I do not want to piss off a Customs reviewer of our file but I have wrote on my Criminal cover page that I will submit the following:

"I have never in my life been accused of violence or abuse towards another human being. I accepted total responsibility for my crimes involving alcohol but again I will state that violence has never ever been involved with these past crimes".

Not sure about your situation but the throwing in of DUI's compared to Men who beat and Kill Women is a disgrace against my rights as an American and a human being. Please do not reply with the fact that a drunk driver kills, This I know! that is why it is in my past! But I never seeked out someone to hurt in my life as Abusive and violent people do. They look for prey and someone to control!

I am going to watch this post as I am very interested in responses.

Last Words; Total honesty with your Bride to be. Nothing to hide and nothing to be ashamed of. Yes this is much of extra effort because of MY MISTAKES years ago. Still I will gladly climb any mountain to be with her, Nothing can stop us if Angels are on our side.

Brad

[Canuck Carrie 1]

The choice is yours and no one elses as to what you do or don't send.

I also suggest you try to not get too 'snarky' on here. Not everyone on this *advice for free* site has experience with your past and with the new requirements. If you're not sure, hire a lawyer.

Edited June 22, 2006 by Canuck Carrie

[Cristy 4]

I am applying for the K1 fiancee visa. I 'm the petitioner and I'm not sure wether or not I will need to send in the criminal background check. I have a 2 convictions for driving under the influence and a couple of probation before judgements. Probation before judgement in Maryland is not a conviction. I have called and e-mailed over 100 lawyers and got mixed results. Some say the probation before judgement is considered a conviction on the federal level and others say it's not. So, some lawyers say I need to send it and others say I don't.

I'm gonna go ahead and get the background check from the state police department but it takes 30 days to receive it. I want to send in the application now and see if it flies or not. If they give me an RFE I hope it will be around the same time I would be receiving the background check and I can send it in.

What's all of your opinion?

Seeing how you are the US Citizen, it wont make a bit of difference. You are required to submit police records?? I thought you only had to answer the questions.

They are only looking for convictions of domestic violence that the beneficary needs to know about.

IMBRA changed that.

[AndyMisiu 0]

Here are some of the e-mail responses from lawyers:

Dear Mr. Solomon:

Thank you for your inquiry. You only have the two DUIs. The law states 3.

However, you are testing the law based on your PBJs. This is a new

requirement. It is difficult to determine how they will judge your PBJs.

It may help to be honest and upfront. However, the choice is your's.

________________________________________________________________________________

__

Dear Sir:

I would suggest obtaining copies of the court records and having your

immigration attorney review them before submitting them to the USCIS.

Section 101 of the Immigration & Nationality Act sets forth the definition

of a conviction for immigration purposes so your attorney should be able

to give you an answer as soon as he/she reviews the records.

________________________________________________________________________________

___

Thank you for your inquiry.

You'll be asked to provide backgounds relating to any type of criminal charges including PBJ. Thank you.

________________________________________________________________________________

____

You will be required to disclose all your convictions since PBJ is a

conviction for immigration purposes. You did not mention what the other

misdemeanors were for - however, the purpose of the new law is to disclose

your criminal history to your fiance. So you may have to disclose those

convictions as well.

________________________________________________________________________________

____

PBJs are considered convictions for immigration purposes. I am not sure

what you last question is - are you the petitioning fiance or the

beneficiary? If the former, no. If the latter, yes.

Naima Said

________________________________________________________________________________

_____

I have had several other e-mails stating that I will not need to submit the dispositions. The only reason for not wanting to get them is the waiting!! I want to send this application in now!! not later!!

Here is the definition of Probation Before Judgement:

Probation before judgment (PBJ) provides a means for a first offender to avoid having a conviction entered against him or her. PBJ works as follows:

The offender enters a plea of guilty or nolo contendere.

The Court defers further proceedings and the entry of a judgment of conviction against the offender.

The Court places the offender on probation for a period of time with such terms and conditions as the Court decides are appropriate.

If the offender complies with the terms and conditions, at the end of the period of probation, no conviction will be entered on the record.

a procedure whereby the defendant enters a plea of guilty or nolo contendere and the Court defers entry of a judgment of conviction and places the defendant on probation under the terms and conditions that the Court decides are appropriate. If the terms and conditions are met, no conviction is ever entered on the defendant's criminal record.

this is a small bit about federal firearms law:

13. Is a person who received "probation before judgment" or some other type of deferred adjudication subject to this disability?

What is a conviction is determined by the law of the jurisdiction in which the proceedings were held. If the State law where the proceedings were held does not consider probation before judgement or deferred adjudication to be a conviction, the person would not be subject to Federal firearms disabilities.

So, I guess I will just go to the court house and get the records as my sweetheart know all about my past and I want to avoid any delays or problems.

Edited June 23, 2006 by AndyMisiu

[aussiewench 9]

AndyMisiu

I would submit police & court records to save the possibility of any detrimental issues arising later. As the IMBRA is about (in this instance) the beneficiary being aware of any criminal criminal background of the USC petitioner, sumbitting such infromation will not affect the initial approval of the petition. It only comes into play at the interview when your fiance will be asked if she is aware of this background. Misrepresentation however could have dire effects...and none disclosure may be interpreted as such.

[Littleone+Robert 0]

There is any possibility that USCIS not to approve the case that petitioner (USC) has the criminal background?

Little bit worried!

Thanks in advance

[aussiewench 9]

There is any possibility that USCIS not to approve the case that petitioner (USC) has the criminal background?

Little bit worried!

Thanks in advance

I believe this memo goes some way in answering that question http://www.uscis.gov/graphics/lawsregs/handbook/DisclsCrHst050306.pdf

[Littleone+Robert 0]

There is any possibility that USCIS not to approve the case that petitioner (USC) has the criminal background?

Little bit worried!

Thanks in advance

I believe this memo goes some way in answering that question http://www.uscis.gov/graphics/lawsregs/handbook/DisclsCrHst050306.pdf

Thanks so much for the memo, aussiewench

wishing you all be the best