Theory on IMBRA RFE after filing new I-129F

[AndyMisiu 0]

In MAY and JUNE of this year I was stuck to the computer reading about IMBRA and what was going to happen with the implementation of the new law. I remember when everyone was waiting for a new form and some type of RFE. Well, we now have both. I think I remember reading somewhere that this was just a temporary petition that's under review. They need to test it out and get feed back from the public.

Well, I noticed that the IMBRA RFE contains much more detail and information concerning IMBRA and what it's asking for. One difference I see between the RFE and the new I-129F is the signature in request for permission to release any information gathered in the process to the beneficiary. Another huge difference (correct me if I'm wrong) is the IMBRA RFE asks you to submit a waiver if you've committed a violent crime. So, this leads me to believe that a violent crime committed by the petitioner is grounds for denial. I don't think you can view it any other way. Why else would you need a waiver.

The reason for the RFE would be to inform the petitioner of his right to a waiver and to get there permission to release the gathered information to the beneficiary.

I sure hope they aren't going to group alcohol convictions related to driving in with violent crimes needing a waiver. I guess the guinea pig will just have to suit up and show up to find out!!

Please, this is not a thread to post your opinion of whether or not the law is good. Please keep your posts related to the difference between the new I-129F and the RFE. We all know it's not good to be convicted of a crime.

Edited July 20, 2006 by AndyMisiu

[aussiewench 9]

The information contained in the RFE is also contained in the new I-129F, including...

NOTE: If your petition is approved, the informationyou submit regarding your criminal convictions will be provided to the beneficiary of your petition pursuant tosection 833(a)(5)(A)(iii) of the International Marriage Broker Regulation Act of 2005.

You then sign the I-129F which to me is the same as giving the authorisation to do so.

It clearly states on the instructions for the I-129F that a waiver only has to be submitted for a violent offense. But yes in those cases it looks to mean that a waiver most likely wouldnt be granted unless was able to show extraordinary circumstances. I dont think that is a bad thing.

If you have committed a violent offense against a person or person, USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist. For details regarding those circumstances, see item 9.B. ofthese instructions.

9.B

If you have committed a violent offense and seek a waiver, you must attach a signed and dated request for the waiver, together with evidence that extraordinary circumstances exist in your case, i.e., that you were being battered or subjected to extreme cruelty by your spouse, parent, or adult child at the time you committed your violent offense(s), you were not the primary perpetrator of violence in the relationship, and: ...........

I am seriously so not supposed to be still here Few more things to still do around the house that I forgot about, then off to my sons before my flight to the US on sunday. This is my coffee break

[Dean iWait 0]

The information contained in the RFE is also contained in the new I-129F, including...

NOTE: If your petition is approved, the informationyou submit regarding your criminal convictions will be provided to the beneficiary of your petition pursuant tosection 833(a)(5)(A)(iii) of the International Marriage Broker Regulation Act of 2005.

You then sign the I-129F which to me is the same as giving the authorisation to do so.

It clearly states on the instructions for the I-129F that a waiver only has to be submitted for a violent offense. But yes in those cases it looks to mean that a waiver most likely wouldnt be granted unless was able to show extraordinary circumstances. I dont think that is a bad thing.

If you have committed a violent offense against a person or person, USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist. For details regarding those circumstances, see item 9.B. ofthese instructions.

9.B

If you have committed a violent offense and seek a waiver, you must attach a signed and dated request for the waiver, together with evidence that extraordinary circumstances exist in your case, i.e., that you were being battered or subjected to extreme cruelty by your spouse, parent, or adult child at the time you committed your violent offense(s), you were not the primary perpetrator of violence in the relationship, and: ...........

I am seriously so not supposed to be still here Few more things to still do around the house that I forgot about, then off to my sons before my flight to the US on sunday. This is my coffee break

I take it to mean the waiver is asked for when you don't want the USCIS to inform your fiancee of the offense due to extraordianry circumstances. Like you hurt or even killed somebody, but it was in self defense. Is that what you are thinking to?

[GaryC 7]

I take it to mean the waiver is asked for when you don't want the USCIS to inform your fiancee of the offense due to extraordianry circumstances. Like you hurt or even killed somebody, but it was in self defense. Is that what you are thinking to?

The USCIS is going to inform your fiance no matter what if the petition is approved. The waiver is to allow them to approve your petition if you have a violent history but want to claim "exterordinary circumstances".

[AndyMisiu 0]

Ah! yes! I see the waiver part now. Well, I think this was an unnecessary thread anyway. Sometimes I just get bored and want to write something. Also my fiancee is on vacation in her home country so being a part of this site makes me feel a little closer to her. Also helps me to feel that I'm doing all I can to be with her. Thans for your help and opinions. I think some new petitions have made it through without the RFE anyway.

I would like to state that you do need a waiver if you've committed a violent crime. I have read a lot of threads of people trying to get information or needing to know what to do about IMBRA. I remember a lot of people stating that a conviction is not grounds for denial. I think that it is, after understanding more. If you have been convicted of a serious crime of violence, I would suggest getting a lawyer. This is serious and far form just informing you fiancee of what you've done.

That's just my take on what I've read and been following. Remember I'm not a lawyer!!!! far from it!!!!

Edited July 20, 2006 by AndyMisiu

[Jersey Girl 2]

Andy, you got me thinking so I went back and reread the RFE. If I were a paranoid left winger, I'd be screaming about my civil rights, because my signature seems to give permission for a broad investigation, whether I commited an offense or not.

"...any related criminal conviction information pertaining to me that U.S. Citizenship and Immigration Services may discover independently in adjudicating this petition will be disclosed to the beneficiary of this petition." (italics mine)

They may have been able to run cursory background checks before, but now they could become like high tech bounty hunters who can pull up your credit history, high school transcripts, medical records and more. Who's to say where they'll snoop to "discover independently"?

Edited July 22, 2006 by Jersey Girl

[hafiz 1]

dont forget your garbage can, you have to shred please use that shredder profusely.

[William33 110]

I agree with what aussiewench said. Pretty concise guidance.

As an aside, Safe journey aussiewench!!! Welcome to America...We are glad to have you here!!!

The information contained in the RFE is also contained in the new I-129F, including...

NOTE: If your petition is approved, the informationyou submit regarding your criminal convictions will be provided to the beneficiary of your petition pursuant tosection 833(a)(5)(A)(iii) of the International Marriage Broker Regulation Act of 2005.

You then sign the I-129F which to me is the same as giving the authorisation to do so.

It clearly states on the instructions for the I-129F that a waiver only has to be submitted for a violent offense. But yes in those cases it looks to mean that a waiver most likely wouldnt be granted unless was able to show extraordinary circumstances. I dont think that is a bad thing.

If you have committed a violent offense against a person or person, USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist. For details regarding those circumstances, see item 9.B. ofthese instructions.

9.B

If you have committed a violent offense and seek a waiver, you must attach a signed and dated request for the waiver, together with evidence that extraordinary circumstances exist in your case, i.e., that you were being battered or subjected to extreme cruelty by your spouse, parent, or adult child at the time you committed your violent offense(s), you were not the primary perpetrator of violence in the relationship, and: ...........

I am seriously so not supposed to be still here Few more things to still do around the house that I forgot about, then off to my sons before my flight to the US on sunday. This is my coffee break

[AndyMisiu 0]

Andy, you got me thinking so I went back and reread the RFE. If I were a paranoid left winger, I'd be screaming about my civil rights, because my signature seems to give permission for a broad investigation, whether I commited an offense or not.

"...any related criminal conviction information pertaining to me that U.S. Citizenship and Immigration Services may discover independently in adjudicating this petition will be disclosed to the beneficiary of this petition." (italics mine)

They may have been able to run cursory background checks before, but now they could become like high tech bounty hunters who can pull up your credit history, high school transcripts, medical records and more. Who's to say where they'll snoop to "discover independently"?

yea!! the law has a lot of holes in it. It's really so, so confusing and out of my control.

[William33 110]

AndyMisiu,

Perhaps getting off topic here and more likely beginning a flame festival, anyway, here we go.

I feel that your previous indiscretions with DWI should not be related to this process, unless it resulted in other charges, such as involuntary manslaughter or otherwise. If that were the case, all bets are off.

If not, we all make errors in judgment from time to time, anyone who denies this, is in pure denial or feel compelled to place themselves above the masses. I cannot offer advice as to what the USCIS posture is on this issue, but I surmise that it is information to your intended only. Relax. It will likely cause a slight delay in your case, simply to have your intended advised. Cheers Andy!

Andy, you got me thinking so I went back and reread the RFE. If I were a paranoid left winger, I'd be screaming about my civil rights, because my signature seems to give permission for a broad investigation, whether I commited an offense or not.

"...any related criminal conviction information pertaining to me that U.S. Citizenship and Immigration Services may discover independently in adjudicating this petition will be disclosed to the beneficiary of this petition." (italics mine)

They may have been able to run cursory background checks before, but now they could become like high tech bounty hunters who can pull up your credit history, high school transcripts, medical records and more. Who's to say where they'll snoop to "discover independently"?

yea!! the law has a lot of holes in it. It's really so, so confusing and out of my control.

[AndyMisiu 0]

Thanks William33!!! I sure needed some words of encouragement!! mostly I've gotten the "you get what you deserve campaign". No, I didn't do anything that would cancel all bets!! so, I'm not so much worried about that. I'm just worried that the USCIS has never adjudicated cases like mine and will be stumbling the entire way, just like I used to

I think it could either be a quicker process because they want to practice this, or a slower process because they don't know how, or haven't figured out exactly how there going to inform my fiancee. I remember reading that they will mail this with a pamphlet, or they might have a separate pre interview to inform her with extra time to decide if she still wants to go through with the marriage. Don't worry, she know everything and will tell them it's not necessary.

I also remember reading somewhere in the law that it was up to the USCIS officers discression as to whether the information was deemed necessary to pass on to the beneficiary. I guess we will just wait and see. there is just a tornado surrounding IMBRA and i can't wait until the dust clears. I just want to be with my sweetheart.

Thanks again for the words, it sure helped me today. Good luck to everyone!!!!

Edited July 22, 2006 by AndyMisiu

[vartan 0]

Man Andy ... you here again? haha just kidding. As far as you and william were talking about yeah most alcohol charges are "I made a mistake, shouldn't of done that".. But ya know if you have someone that has their license revoked and is still driving and under the influence too .. then that would raise some flags.. My assumption on why they added that is because of Cops.. I think when writing IMBRA maybe they were watching Cops and saying.. "Man these people are all domestic violence and well they are all drunk .. hmm thats bad..." haha

Oh yeah since some people on VJ have had problems interpreting my mood.. this was all written while laughing.

Edited July 22, 2006 by vartan

[AndyMisiu 0]

Man Andy ... you here again? haha just kidding. As far as you and william were talking about yeah most alcohol charges are "I made a mistake, shouldn't of done that".. But ya know if you have someone that has their license revoked and is still driving and under the influence too .. then that would raise some flags.. My assumption on why they added that is because of Cops.. I think when writing IMBRA maybe they were watching Cops and saying.. "Man these people are all domestic violence and well they are all drunk .. hmm thats bad..." haha

Oh yeah since some people on VJ have had problems interpreting my mood.. this was all written while laughing.

yea! I read the congress thread, had to stay out of that one, too hot to handle!!! B) I'll just have to wait and see what happens, I'll keep everyone posted.

[vic&el4ever 0]

Ah! yes! I see the waiver part now. Well, I think this was an unnecessary thread anyway. Sometimes I just get bored and want to write something. Also my fiancee is on vacation in her home country so being a part of this site makes me feel a little closer to her. Also helps me to feel that I'm doing all I can to be with her. Thans for your help and opinions. I think some new petitions have made it through without the RFE anyway.

I would like to state that you do need a waiver if you've committed a violent crime. I have read a lot of threads of people trying to get information or needing to know what to do about IMBRA. I remember a lot of people stating that a conviction is not grounds for denial. I think that it is, after understanding more. If you have been convicted of a serious crime of violence, I would suggest getting a lawyer. This is serious and far form just informing you fiancee of what you've done.

That's just my take on what I've read and been following. Remember I'm not a lawyer!!!! far from it!!!!

I have been trying to read all I have time to read and post all I have time to post.

But it is getting late and I need to compete me RFE soon (one month due date).

My fiancée and I are worried and think we should get a lawyer involved to help us with my violent crime history and try to work it out as soon as possible to we can truly see if we will get approved for our visa.

Sure we have read that it may not get approved because there was no good reasons why i did what I did.

Does anyone feel it is a good idea to hand all this over to a lawyer and see if he can make a difference in our case?

The bottom line is we want out love to continue, even if we need to look for other ways of being together!

I did what I did, I paid my dues, and I regret and want to start over again with a new life with loving happiness.

Thanks and GOD BLESS YOU ALL!!!

[AndyMisiu 0]

Ah! yes! I see the waiver part now. Well, I think this was an unnecessary thread anyway. Sometimes I just get bored and want to write something. Also my fiancee is on vacation in her home country so being a part of this site makes me feel a little closer to her. Also helps me to feel that I'm doing all I can to be with her. Thans for your help and opinions. I think some new petitions have made it through without the RFE anyway.

I would like to state that you do need a waiver if you've committed a violent crime. I have read a lot of threads of people trying to get information or needing to know what to do about IMBRA. I remember a lot of people stating that a conviction is not grounds for denial. I think that it is, after understanding more. If you have been convicted of a serious crime of violence, I would suggest getting a lawyer. This is serious and far form just informing you fiancee of what you've done.

That's just my take on what I've read and been following. Remember I'm not a lawyer!!!! far from it!!!!

I have been trying to read all I have time to read and post all I have time to post.

But it is getting late and I need to compete me RFE soon (one month due date).

My fiancée and I are worried and think we should get a lawyer involved to help us with my violent crime history and try to work it out as soon as possible to we can truly see if we will get approved for our visa.

Sure we have read that it may not get approved because there was no good reasons why i did what I did.

Does anyone feel it is a good idea to hand all this over to a lawyer and see if he can make a difference in our case?

The bottom line is we want out love to continue, even if we need to look for other ways of being together!

I did what I did, I paid my dues, and I regret and want to start over again with a new life with loving happiness.

Thanks and GOD BLESS YOU ALL!!!

In my opinion it would be a good idea to hire a lawyer in your case. He can direct you in how to present your waiver. I for sure think you need a lawyer in this case. Just my opinion