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Rodrique

Domestic Violence and Drug Convictions

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Filed: IR-1/CR-1 Visa Country: Brazil
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Can you please give me some insight on domestic violence and IMBRA and anyones experience in dealing with it. I have 2 convictions where I slapped my ex in the face for stealing from me. This was over 10 years ago and I have 2 simple possession of marijuana convictions, and 2 cocaine possession convictions. This also was more than 10 years ago. Several attorneys told me I would need a waiver, but 2 said I did not. I read the IMBRA law throughly and to my understanding it would not prohibit me, just make it more troublesome as my fiance would be notified of my background, as she is already aware of it, and I would have to submit the documentation that USCIS requires. One of the attorneys told me also that USCIS will possibly also want me to take biometric fingerprints, this may slow down the process also she stated. Can you give me some guidance and what if anything I can do to aid in the process. Also, how did anyone here affected by IMBRA answer question, 3 Part C of the I-129f form where it gives you 3 choices to choose from. I was not battered, did not act in self defense, nor did I violate a protection order. I thought that applied if you filed more than 2 petitions in the last 2 years and you are seeking a waiver.

My fiance is willing to sign an affidavit stating she is aware of my past convictions and is willing to move forward with me. I am travelling to meet her in 3 months and I am very excited.

I have since changed my ways and am more level headed now. Looking back I should have literally counted my loses and left, and I would not have the DV issues to deal with now. I am open for all comments as this is a complex issue and some guidance here would be gratefully appreciated.

USCIS STAGE: 206 DAYS

08/03/11: Married my one true love!!!!!!!

09/20/11: Mailed I-130 to Chicago Lock Box

09/21/11: I-130 Received; fowarded to CSC.

09/23/11: NOA-1

03/24/12: RFE; Forgot to put wife's name on form G-325A.......cabeçao!!!!!!!

03/24/12: RFE Reply; resubmitted another G325A form.

03/27/12: USCIS CSC received RFE response

04/14/12: NOA-2

NVC STAGE: 18 DAYS

04/30/12: NVC received case

05/11/12: NVC Case number, IIN and BIN received. Emailed DS-3032 (Choice of Agent)

05/14/12: AOS fee invoiced; Paid

05/17/12: IV fee invoiced; Paid

05/16/12: Mailed AOS Package

05/18/12: Mailed IV Package, delivered on 05/21/12

05/24/12: AOS accepted; awaiting DS-230 IV package review

05/29/12: DS-230 IV Package accepted. Case Complete!!

06/07/12: Received interview date

06/14/12: Casefile sent to US Embassy in Rio De Janeiro, Brazil

MEDICAL / US CONSULATE / POE

06/18/12: Casefile delivered to US Embassy in Rio De Janeiro, Brazil

06/29/12: Medical examination

07/11/12: Interview date....... Approved!!!!!!!

07/19/12: POE: Charlotte, North Carolina

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Filed: K-1 Visa Country: Vietnam
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If you've never filed an I-129F before then you don't need a waiver. The attorneys who said you did were wrong.

Offenses which fall under the IMBRA do not make you ineligible to file an I-129F petition. They might make you ineligible to to obtain a waiver of the filing limitations, at the discretion of USCIS. Since you don't need a waiver, then you don't need to worry about this. You need to provide ALL police and court records for each conviction. As required by the IMBRA, they will send a copy of these documents to your fiancee. They will probably do a thorough background check on you, and (as the attorney told you) they may require you to provide biometrics. It could indeed slow down the process for you, but it should not normally result in you being denied. You can probably expect the subject of your DV and drug convictions to be raised with your fiancee at the interview. She doesn't need to sign any sort of affidavit. Department of State will make sure she knows about your convictions.

If none of the circumstances described in part C, question 3, apply to you then don't check any of the boxes. Of course, you DO have to check "Yes" for question 2.

There's not really anything you can do to speed things up. There are a number of things you can do to slow things down, like failing to provide complete records for a conviction.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

Can you please give me some insight on domestic violence and IMBRA and anyones experience in dealing with it. I have 2 convictions where I slapped my ex in the face for stealing from me. This was over 10 years ago and I have 2 simple possession of marijuana convictions, and 2 cocaine possession convictions. This also was more than 10 years ago. Several attorneys told me I would need a waiver, but 2 said I did not. I read the IMBRA law throughly and to my understanding it would not prohibit me, just make it more troublesome as my fiance would be notified of my background, as she is already aware of it, and I would have to submit the documentation that USCIS requires. One of the attorneys told me also that USCIS will possibly also want me to take biometric fingerprints, this may slow down the process also she stated. Can you give me some guidance and what if anything I can do to aid in the process. Also, how did anyone here affected by IMBRA answer question, 3 Part C of the I-129f form where it gives you 3 choices to choose from. I was not battered, did not act in self defense, nor did I violate a protection order. I thought that applied if you filed more than 2 petitions in the last 2 years and you are seeking a waiver.

My fiance is willing to sign an affidavit stating she is aware of my past convictions and is willing to move forward with me. I am travelling to meet her in 3 months and I am very excited.

I have since changed my ways and am more level headed now. Looking back I should have literally counted my loses and left, and I would not have the DV issues to deal with now. I am open for all comments as this is a complex issue and some guidance here would be gratefully appreciated.

USCIS STAGE: 206 DAYS

08/03/11: Married my one true love!!!!!!!

09/20/11: Mailed I-130 to Chicago Lock Box

09/21/11: I-130 Received; fowarded to CSC.

09/23/11: NOA-1

03/24/12: RFE; Forgot to put wife's name on form G-325A.......cabeçao!!!!!!!

03/24/12: RFE Reply; resubmitted another G325A form.

03/27/12: USCIS CSC received RFE response

04/14/12: NOA-2

NVC STAGE: 18 DAYS

04/30/12: NVC received case

05/11/12: NVC Case number, IIN and BIN received. Emailed DS-3032 (Choice of Agent)

05/14/12: AOS fee invoiced; Paid

05/17/12: IV fee invoiced; Paid

05/16/12: Mailed AOS Package

05/18/12: Mailed IV Package, delivered on 05/21/12

05/24/12: AOS accepted; awaiting DS-230 IV package review

05/29/12: DS-230 IV Package accepted. Case Complete!!

06/07/12: Received interview date

06/14/12: Casefile sent to US Embassy in Rio De Janeiro, Brazil

MEDICAL / US CONSULATE / POE

06/18/12: Casefile delivered to US Embassy in Rio De Janeiro, Brazil

06/29/12: Medical examination

07/11/12: Interview date....... Approved!!!!!!!

07/19/12: POE: Charlotte, North Carolina

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

Thanks Jim, your understanding of the process is the same that I drew from the language of IMBRA. :thumbs:

I welcome anyone to reply that has any insight in this matter or anyone that may have been similiarly situated.

USCIS STAGE: 206 DAYS

08/03/11: Married my one true love!!!!!!!

09/20/11: Mailed I-130 to Chicago Lock Box

09/21/11: I-130 Received; fowarded to CSC.

09/23/11: NOA-1

03/24/12: RFE; Forgot to put wife's name on form G-325A.......cabeçao!!!!!!!

03/24/12: RFE Reply; resubmitted another G325A form.

03/27/12: USCIS CSC received RFE response

04/14/12: NOA-2

NVC STAGE: 18 DAYS

04/30/12: NVC received case

05/11/12: NVC Case number, IIN and BIN received. Emailed DS-3032 (Choice of Agent)

05/14/12: AOS fee invoiced; Paid

05/17/12: IV fee invoiced; Paid

05/16/12: Mailed AOS Package

05/18/12: Mailed IV Package, delivered on 05/21/12

05/24/12: AOS accepted; awaiting DS-230 IV package review

05/29/12: DS-230 IV Package accepted. Case Complete!!

06/07/12: Received interview date

06/14/12: Casefile sent to US Embassy in Rio De Janeiro, Brazil

MEDICAL / US CONSULATE / POE

06/18/12: Casefile delivered to US Embassy in Rio De Janeiro, Brazil

06/29/12: Medical examination

07/11/12: Interview date....... Approved!!!!!!!

07/19/12: POE: Charlotte, North Carolina

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  • 2 years later...
Filed: K-1 Visa Country: Australia
Timeline

Thanks Jim, your understanding of the process is the same that I drew from the language of IMBRA. :thumbs:

I welcome anyone to reply that has any insight in this matter or anyone that may have been similiarly situated.

Hi redrique, my name is novel and my fiance has same situation like u but he used to weed.

we want to file I-129F. Did u use an attoeney? :help:

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