AWA vs. IMBRA

[paustin 1]

Question, if one falls under AWA, does it necessary mean he/she falls under IMBRA as well? and thus, need to file two waiver petitions for both IMBRA and AWA?

[Deputy Purple 1,294]

IMBRA Waiver only applies if you used the services of an International Marriage Broker.

The part of IMBRA that applies to you would be the full disclosure of your criminal record. At the K-1 Interview they will review it with your intended and ask them if they were aware of each charge.

[paustin 1]

IMBRA Waiver only applies if you used the services of an International Marriage Broker.

The part of IMBRA that applies to you would be the full disclosure of your criminal record. At the K-1 Interview they will review it with your intended and ask them if they were aware of each charge.

He didn't meet her through IMB. So on the form I-129F, he can check the boxes and explain it on the letter. Would that letter be considered for AWA as well? it's the same conviction so to speak.

[Deputy Purple 1,294]

He didn't meet her through IMB. So on the form I-129F, he can check the boxes and explain it on the letter. Would that letter be considered for AWA as well? it's the same conviction so to speak.

There is no waiver for AWA or IMBRA Disclosure requirements.

He will need to check the boxes and provide the required court records.

Then he needs to get ready for the AWA part which should mean a NOID (Notice Of Intent to Deny) where they ask for proof of rehabilitation. For this proof see the threads here where AWA Filers have been approved. You might be able to head-off the NOID if you provide this AWA Proof of Rehabilitation with the original petition.

[paustin 1]

There is no waiver for AWA or IMBRA Disclosure requirements.

He will need to check the boxes and provide the required court records.

Then he needs to get ready for the AWA part which should mean a NOID (Notice Of Intent to Deny) where they ask for proof of rehabilitation. For this proof see the threads here where AWA Filers have been approved. You might be able to head-off the NOID if you provide this AWA Proof of Rehabilitation with the original petition.

Yes, he will submit the evidence for AWA, can those evidence be used for the criminal history check box as well? I guess my question is, can he use that evidence and written statement for both the AWA and that check box?

[Deputy Purple 1,294]

Yes, he will submit the evidence for AWA, can those evidence be used for the criminal history check box as well? I guess my question is, can he use that evidence and written statement for both the AWA and that check box?

There will be an overlap, both require the court records, but USCIS doesn't split your file up so you don't need to send 2 copies of the court records.

You should include a cover letter with the petition that lists everything in the packet, you can highlight the AWA Evidence and note that it also covers the requirement for IMBRA Disclosure.

FWIW, I would also include a letter from your Fiancée indicating that she is aware of your past, your treatment/recovery efforts since and stands beside you in support of your continued recovery as you build a new life together.