Is the CR-1 different than the K3?

[aussiewench 9]

I feel better though because the limitations on the K-1 are for approved petitions under 2 years or two or more petitions filed. I would be able to file again with more information and not be effected by the limitations placed on number of petitions. My case can't be denied for the crimes I've committed. They can just make it difficult if they want to.

Multiple filings of petitions only seems to be with the I-129F. The IMBRA clearly only refers to K petitions. Even if it did include the I-130 I doubt very much that it would apply when filing for the same beneficiary.

[AndyMisiu 0]

You know what! I'm really beating a dead horse here. I can't do anything about it now. I just have to wait.

[Yodrak 7]

AndyMisiu,

For the reasons that you stated in your opening post, "I'm afraid I will get caught up in the bureaucracy due to IMBRA. Me and my fiancee would rather be part of an adjudication process that was a little more straight forward." You seem to want to change the route to immigration based on the regulations and procedures associated with the different routes and are willing to adjust your situation to suit a particular route, rather than based on which route is appropriate for your preferred situation.

Nothing necessarily wrong with that, I simply said that that's not what I would do.

Yodrak

Yodrak,

in response to: "I wouldn't pull my I-129f for fiance(e), get married, and petition for a spouse for the reasons that Andy seems to be doing it. Especially now that his background information is in his fiancee's case file."

I don't care what information is in my fiancee's case file as long as it's not grounds for denial. IMBRA effects the I-129F. If IMBRA does not effect the CR-1 than they can't deny my petition for the reasons of "technicality" or "lack of evidence" that I'm worried about.

And for "what reasons" are you referring to? ...

[tigerfortune 0]

Hi Andy, here is just my opinion. If I could go back I would apply for the K3 instead of CR1. My CR1 is taking FOREVER. I submitted my I130 in late March 05 and was received on April 11th. With no delay it took a little over 1 year before it was electronically sent to the US consulate in China in April 16 06. I am now in the name check process and still not done. Come August 11 it will be officially 16 months and counting. Come August 16, it will be 4 months since file transferred to China. After the name check is complete, it will take another month (normal time in China) before getting an interview date. The interview date is usually 1.5 to 2 months from the interview date. Assuming (which is almost never the case) my wife name check gets completed at the end of August, she won't get her interview date until end of September or later and the actual interview day will be middle or end of November or December. As you can see it will take 19+ months before the actual interview date. Seriously, this long wait time is driving me crazy. Since your SO is from Poland it might take less time at the US consulate in her home country but in any case expect at least 14 months for CR1.

[aussiewench 9]

Since your SO is from Poland it might take less time at the US consulate in her home country but in any case expect at least 14 months for CR1.

Not necessarily so. There are many many CR-1 cases that have taken only 6-8 months. All one has to do is look at the timelines. Yes this is dependent on if and how long one is caught up in security checks based on name hits or country of the beneficiary, and on the time an individual consulate takes for the scheduling of an interview. There is no standard length of time.

The K-3 would also not assist Andy as if he does get married and refiles, the I-129F for spouse is subject to the IMBRA just as the I-129F for a fiance.

[AndyMisiu 0]

Tigerfurtune,

I really feel for you!! that's messed up!!!

Everyone,

I found out that I can do a direct councilor filing in Poland. I only have to be physically present when filing. That means I could move there for 6 months or so for the processing. I wouldn't have to deal with USCIS, just the councilor direct. This sounds even better than the idea I had before. I hear it's pretty fast too. I think this will be the plan if the I-129F doesn't work out. What do ya think?

Since your SO is from Poland it might take less time at the US consulate in her home country but in any case expect at least 14 months for CR1.

Not necessarily so. There are many many CR-1 cases that have taken only 6-8 months. All one has to do is look at the timelines. Yes this is dependent on if and how long one is caught up in security checks based on name hits or country of the beneficiary, and on the time an individual consulate takes for the scheduling of an interview. There is no standard length of time.

The K-3 would also not assist Andy as if he does get married and refiles, the I-129F for spouse is subject to the IMBRA just as the I-129F for a fiance.

I like the CR-1 direct filing idea!! if worse comes to worse.

Edited August 2, 2006 by AndyMisiu

[Jersey Girl 2]

Andy, is there more to the story? In how many countries did you have convictions? And why are you worried about "technicalities" or that they won't accept your evidence?

Yodrak is saying it's probably not a good idea to pick and choose a visa type based on your background. I agree. Not because it could slow down a CR-1, if that's in the future. But because it's not sound reasoning to suppose that certain questions apply to K1 but not CR-1.

Yes, the forms and processes are different, but ultimately, the USC will be asked about their background and/or have it checked at the NVC stage. IMBRA asks certain questions up front. But I doubt you can avoid having a background check by dropping K1 now and going for CR-1 later. As aussiewench points out, others have done this (including Yodrak) but not to avoid scrutiny. Also, going for DCF does not sidestep the issue, since you're dealing with USCIS from near or far.

If you're denied K1, I'm not sure whether you can petition to have it reconsidered based on new evidence. (What would that be, anyway?) If you file all over again, for the same person, it probably won't be considered "multiple petitions," as aussiewench points out. That seems to be what you're dreading: certain questions for those who've filed other K1s. Correct?

If you petition for CR-1 (DCF or not), the information may follow you anyway, even though there's no IMBRA letter, as Yodrak says. And it may still be grounds to deny. Gosh Andy, what did you do? Incite riots while dealing drugs to children wearing nothing but an old hammer and sickle flag?

At this point, just ride the wave and see if it brings you safely to shore. It might. But that doesn't mean you'll never be asked what you're afraid of, or that they won't dig it up independently. As you think of your options, live with this idea for a day: I love this person enough to marry her and live in Europe for the rest of my life.

Edited August 2, 2006 by Jersey Girl

[AndyMisiu 0]

Jersey girl & everyone else,

Here is the story in a nutshell:

Well, the Cr-1 doesn't ask you to provide any evidence for convictions that I'm aware of. I wouldn't have to deal with any of this IMBRA stuff at all. See, I'm only worried because they ask for certified court and police records that show charges and dispositions for every such case. Well, I went to 4 counties (county) where I've been to court (I know, I know) and got certified court records showing charges and dispositions, 3 for DUI and 1 for open container. I was only able to get police records for 3 of the 4 counties.

The memorandum I read said to deny the petition if all the information was not sent back with the RFE. I wrote a letter of explanation for each case, a letter to the beneficiary, and information showing charges and dispositions. I'm hoping they feel it's enough information about the cases. I am worried that they can deny it because of missing that one piece of information.

If I go the route of a CR-1, IMBRA doesn't apply. Now, they might ask questions about it at the interview, like why the petition was denied, and we could explain it was a technical thing and not a certain crime I committed.

I was also worried because I have a charge of "assault" which I got for being in a fight with a guy. There not asking for this charge in the I-129F. However, if you fall under a multiple petitioner, they have additional grounds for denial. Assault does fall under that and you need a waiver for it. So, if I were denied because a lack of evidence, I was worried I would then be a multiple petitioner and wouldn't be approved for a waiver. Now, I did find that I wouldn't be a multiple petitioner. You are only a multiple petitioner if you've had an approved petition within 2 years or 2 or more petitions ever. I would hope they wouldn't approve me and then deny me at some later stage, that would be cruel. I hope this all makes sense.

I looked at the Warsaw website and found out that I can file direct to the councilor in Warsaw or Krakow in Poland for an I-130. They only ask that I physically be in Poland when filing. I would do this if I had to.

I pray everything will be ok with the I-129F though. Thanks for all your support!!!

Edited August 2, 2006 by AndyMisiu

[simple_male 1]

Andy,

I hope, things are fine with you and please one advice, don't get any more convictions. In any background check, any convictions will show up. It would be up to the USCIS or Consular Officer to judge you based on that. Hope things go well with you. I strongly recommend you to seek advice of an immigration attorney. Take care. Please do not take any comments negatively.

[Yodrak 7]

Andy,

You're thinking of taking some significant actions due to concerns about how the new IMBRA requirements may affect your I-129f petition. Did you consult with an immigration attorney about your case before you started the journey, or in deciding how to respond to the IMBRA RFE?

If you didn't I think you're being penney-wise and pound-foolish, as the expression goes. You're just guessing whether you'd be jumping out of the frying pan into the water or into the fire, and I don't think that anyone here on VJ has a very good idea either.

We base most of our limited knowledge on experience and anecdotal evidence. IMBRA is new, there isn't any of either yet. It's new for immigration attornies as well, but at least they have the background to make better educated guesses and offer sounder advice. And consultations are not expensive, especially as compared to the cost of some of the things you are thinking of doing.

I wish you and your fiancee the best. (But I still don't want to be driving on the same road with you!)

Yodrak

Jersey girl & everyone else,

Here is the story in a nutshell:

Well, the Cr-1 doesn't ask you to provide any evidence for convictions that I'm aware of. I wouldn't have to deal with any of this IMBRA stuff at all. See, I'm only worried because they ask for certified court and police records that show charges and dispositions for every such case. Well, I went to 4 counties (county) where I've been to court (I know, I know) and got certified court records showing charges and dispositions, 3 for DUI and 1 for open container. I was only able to get police records for 3 of the 4 counties.

The memorandum I read said to deny the petition if all the information was not sent back with the RFE. I wrote a letter of explanation for each case, a letter to the beneficiary, and information showing charges and dispositions. I'm hoping they feel it's enough information about the cases. I am worried that they can deny it because of missing that one piece of information.

If I go the route of a CR-1, IMBRA doesn't apply. Now, they might ask questions about it at the interview, like why the petition was denied, and we could explain it was a technical thing and not a certain crime I committed.

I was also worried because I have a charge of "assault" which I got for being in a fight with a guy. There not asking for this charge in the I-129F. However, if you fall under a multiple petitioner, they have additional grounds for denial. Assault does fall under that and you need a waiver for it. So, if I were denied because a lack of evidence, I was worried I would then be a multiple petitioner and wouldn't be approved for a waiver. Now, I did find that I wouldn't be a multiple petitioner. You are only a multiple petitioner if you've had an approved petition within 2 years or 2 or more petitions ever. I would hope they wouldn't approve me and then deny me at some later stage, that would be cruel. I hope this all makes sense.

I looked at the Warsaw website and found out that I can file direct to the councilor in Warsaw or Krakow in Poland for an I-130. They only ask that I physically be in Poland when filing. I would do this if I had to.

I pray everything will be ok with the I-129F though. Thanks for all your support!!!

Edited August 2, 2006 by Yodrak

[AndyMisiu 0]

No, I don't take any of this personal. You could never know the personality behind the screen name. I know I look horrible in the eyes of the reader and that's ok. I wouldn't have wanted to be on the same road as anyone either. I'm actually a public speaker on the effects of alcohol. I also speak to children about making better choices for there lives. But I'm not here for character building, that's not what's important. I'm just trying to make it through this process. I did everything a lawyer would suggest. If you've followed any of my story you'll know that I e-mailed over 300 lawyers across the country and talked to 20 direct on the phone. They didn't know what side was up or down. I'm the guinea pig so people can give better advice and so lawyers will know what to do. I'll just have to wait and see.

[luvaLimey 0]

You know what? If you can DCF in Poland without having to have some sort of residency requirement, I'd so go for it.

The main reason is this: you can wait out the processing together.

[Jersey Girl 2]

Andy, your petition will either be approved or not. No one can predict the outcome. In the meantime, don't jump to the worst conclusions because you're rejecting yourself before they do, and it's not certain they will. Your crimes are probably not the ones IMBRA is looking for. Stay strong.

[AndyMisiu 0]

Well, as most of you know I've been struggling with the stresses of my petition . I mean, I've been spreading my personal business all over this site like butter on toast

After talking to several VJ members I decided to seek the consultation of an immigration lawyer. I found a lawyer on the internet who does free consultations. I told him my story and concerns of IMBRA. He told me to relax!!! he said they are looking for domestic violence and the law is mostly geared towards people who met through a marriage broker. He asked how we met?, in states, no problem! he asked if this is my first petition? yes, no problem! He asked what the convictions were? DUI's, no problem! He said Police records do not come certified in the state of Maryland and the certified court records showing charges and disposition should be good enough. If they even feel the need to investigate further (knowing the nature of the crimes he doubts it) they can get all the information they want. He said it's a good thing I sent in the Police records I had anyway, it shows intent.

He said they may take longer to adjudicate my petition because of extra name checks and the possible investigation of other "hits", but since the other "hits" are not listed as "specified crimes" they will be ok. He said at the end of the day my petition should be approved. That was music to my ears!!

If worse comes to worse (which I'm not worried about anymore) I talked to the Embassy in Poland and the lawyer about DCF. They said there would be no problems of convictions for the petitioner in that visa process. I also don't have to be a resident, just physically present to file.

so, I think I might actually get some work done today

Edited August 3, 2006 by AndyMisiu

[simple_male 1]

Maybe, you will be better off with DCF. Looks like, the DCF rules in Poland is very flexible, as you just need to be physically present during the filing and interview. Plus DCF route is the quickest. Good Luck to you. Don't worry about your previous convictions, as long as you don't have any recent ones. People can make mistake at some part of their lives. So if you don't have any in the recent time, it is a sign that you are on the right track.

Edited August 3, 2006 by simple_male