need help with somthing on application ..help !

[fys 0]

Hi Everyone ,

so, i am wondering if i should put this in my application ... ( k1 visa ) ..

I have 2 arrests for possession/consumption of alcohol when i was 18 and 19 years old , in 1990 and 1991 ..

do i need to mention this as a criminal conviction ? i had to pay a fine, no jail time or probabtion or anything like that .

thank you !

[locito79 0]

Hi Everyone ,

so, i am wondering if i should put this in my application ... ( k1 visa ) ..

I have 2 arrests for possession/consumption of alcohol when i was 18 and 19 years old , in 1990 and 1991 ..

do i need to mention this as a criminal conviction ? i had to pay a fine, no jail time or probabtion or anything like that .

thank you !

Don't put it down... this is immaterial.

[fys 0]

Don't put it down... this is immaterial.

are you sure , because what if they do a criminal check, and they see this on my record, and they see i didn't mention it ...

thanks -

[locito79 0]

are you sure , because what if they do a criminal check, and they see this on my record, and they see i didn't mention it ...

thanks -

IMBRA provides that a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) or alien spouse (K-3) must submit with his or her Form I-129F information on any criminal convictions of the petitioner for any of the following "specified crimes":

Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.

Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes.

Crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions and where such crimes did not arise from a single act.

[fys 0]

IMBRA provides that a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) or alien spouse (K-3) must submit with his or her Form I-129F information on any criminal convictions of the petitioner for any of the following "specified crimes":

Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.

Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes.

Crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions and where such crimes did not arise from a single act.

thanks for your answers ... but i am a bit worried, because i have a 2 or 3 minor consumption of alcohol when i was in college, 1990 - 1994 , and 1 DUI in the year 2000 ... will this cause a denial of the k1 visa ? thats why i was wondering if i should put the misdemeanors on the forms..

[JimVaPhuong 4,863]

Hi Everyone ,

so, i am wondering if i should put this in my application ... ( k1 visa ) ..

I have 2 arrests for possession/consumption of alcohol when i was 18 and 19 years old , in 1990 and 1991 ..

do i need to mention this as a criminal conviction ? i had to pay a fine, no jail time or probabtion or anything like that .

thank you !

Whoa!! Hold your horses!!!

You said in this thread that you had a DUI conviction in 2000, but you didn't mention ANYTHING about these other convictions. In fact, you specifically said you had nothing else on your record. As a result of withholding this additional information, all of the advice you were given in the other thread, including the advice I gave you, is WRONG.

You have at least THREE convictions of crimes related to alcohol or a controlled substance. You are now subject to the IMBRA disclosure requirement. You must submit copies of all police and court records for these crimes with your petition.

I strongly suggest you don't play piecemeal information games like this with USCIS or the foreign consulate. Material misrepresentation on the part of the foreign beneficiary can result in them being denied a visa. Material misrepresentation on the part of the US citizen can land you in jail. Be careful!

[fys 0]

Whoa!! Hold your horses!!!

You said in this thread that you had a DUI conviction in 2000, but you didn't mention ANYTHING about these other convictions. In fact, you specifically said you had nothing else on your record. As a result of withholding this additional information, all of the advice you were given in the other thread, including the advice I gave you, is WRONG.

You have at least THREE convictions of crimes related to alcohol or a controlled substance. You are now subject to the IMBRA disclosure requirement. You must submit copies of all police and court records for these crimes with your petition.

I strongly suggest you don't play piecemeal information games like this with USCIS or the foreign consulate. Material misrepresentation on the part of the foreign beneficiary can result in them being denied a visa. Material misrepresentation on the part of the US citizen can land you in jail. Be careful!

thank you , i understand :-) do i need to get copies of the police records ?? and submit that ... , because i dont remember the exact dates or years of my violations... also, would this cause a denial of the visa , if i have these 3 related violations ... i thought they mostly cared about "the serious" crimes mentioned... as i said before besides the 1 DUI , the other ones were under age consumption of alcohol when i was in college... do you think as long as i disclose everything .. my fiancee can still get the visa ?? now i am stressed out about this ...

[kennym 275]

IMBRA requires you disclose your criminal offenses to you fiancee or spouse... They will ask her if she was informed..

It does not mean a denial, it simply means you need to disclose it...

[fys 0]

IMBRA requires you disclose your criminal offenses to you fiancee or spouse... They will ask her if she was informed..

It does not mean a denial, it simply means you need to disclose it...

yes , she knows about all of these things ... but do i need to send copies of my criminal records/history with the petition ??

thank you :-)

[ScottThuy 140]

thank you , i understand :-) do i need to get copies of the police records ?? and submit that ... , because i dont remember the exact dates or years of my violations... also, would this cause a denial of the visa , if i have these 3 related violations ... i thought they mostly cared about "the serious" crimes mentioned... as i said before besides the 1 DUI , the other ones were under age consumption of alcohol when i was in college... do you think as long as i disclose everything .. my fiancee can still get the visa ?? now i am stressed out about this ...

They are not concerned about the severity of the crimes, only that they fall into the specific guidelines.. To those at USCIS its all about checking off boxes in a checklist...

[fys 0]

They are not concerned about the severity of the crimes, only that they fall into the specific guidelines.. To those at USCIS its all about checking off boxes in a checklist...

so in your opinion , do i have anything to worry about ?? as long as i disclose ... do i need to send them a copy of my criminal records ??

also , how do you now so much about the k1 process ? just curious... thank you so much for all your help :-)

[kennym 275]

fys

Maybe this will help...

The following comes from the 1-129-F Instructions...

Form I-129F Instructions (Rev. 07/30/07) Y Page 3

7. What Documents Do You Need to Comply With the International Marriage Broker Regulation Act?

A. 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. This is required even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record.

1. Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.

2. Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes.

3. Crimes relating to a controlled substance or alcohol on three or more occasions, and such crimes did not arise from a single act.

This doesn't seem to constitute a denial, simply (as stated befoer), disclosure...

[fys 0]

fys

Maybe this will help...

The following comes from the 1-129-F Instructions...

Form I-129F Instructions (Rev. 07/30/07) Y Page 3

7. What Documents Do You Need to Comply With the International Marriage Broker Regulation Act?

A. 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. This is required even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record.

1. Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.

2. Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes.

3. Crimes relating to a controlled substance or alcohol on three or more occasions, and such crimes did not arise from a single act.

This doesn't seem to constitute a denial, simply (as stated befoer), disclosure...

thanks Kennym :-)

that really help !! .. but what if i did not meet my fiancee from a marriage broker ? i met her on my own while traveling to Peru, she is Peruvian.

[JimVaPhuong 4,863]

so in your opinion , do i have anything to worry about ?? as long as i disclose ... do i need to send them a copy of my criminal records ??

also , how do you now so much about the k1 process ? just curious... thank you so much for all your help :-)

Yes, you MUST send copies of your police and court records for all three convictions. If you don't, and they find out about them (which is highly likely) then you'll either get an RFE for the records, or they'll deny the petition.

There are two primary scenarios where crimes of the petitioner would result in a petition being denied. The first is if you've committed any crimes that fall under the Adam Walsh Act. These are mostly sex crimes involving children. The second is if you've committed crimes that fall under the IMBRA AND you're asking USCIS for a waiver from the multiple filing limitations of the IMBRA. You have to ask for a waiver of the filing limitations if you've had an I-129F petition approved within the past two years, or you've filed two or more I-129F petitions (approved or not) at any time in your life. If this is your first I-129F petition then you don't need to ask for a waiver of the filing limitations, and your crimes would not be a reason to deny your petition. Not providing the required documentation of those crimes WOULD be a reason to deny your petition.

[fys 0]

Yes, you MUST send copies of your police and court records for all three convictions. If you don't, and they find out about them (which is highly likely) then you'll either get an RFE for the records, or they'll deny the petition.

There are two primary scenarios where crimes of the petitioner would result in a petition being denied. The first is if you've committed any crimes that fall under the Adam Walsh Act. These are mostly sex crimes involving children. The second is if you've committed crimes that fall under the IMBRA AND you're asking USCIS for a waiver from the multiple filing limitations of the IMBRA. You have to ask for a waiver of the filing limitations if you've had an I-129F petition approved within the past two years, or you've filed two or more I-129F petitions (approved or not) at any time in your life. If this is your first I-129F petition then you don't need to ask for a waiver of the filing limitations, and your crimes would not be a reason to deny your petition. Not providing the required documentation of those crimes WOULD be a reason to deny your petition.

Thank You JimVaPhuong ,

that was the best answer i have gotten !! that makes sense now ...

so, yes, this is my first petition i have ever made , and i met my fiancee on my own while traveling , NOT using a marriage broker , so would i gave to worry about the IMBRA ??

so to be sure , basically what you are saying is that i just need to 1. disclose everything , 2. send copies of police/court records right ?

also what is " RFE " you mentioned in your reply

thanks so much ! i fell better now