Criminal background

[Gibson 0]

Gibson if you read what people have posted you will see that your answers are there. As well... people offered options. Bob 4 Anna said it perfectly. If you file the I-129F you will have to address your criminal history.

i really apreciate your help. Can anybody tell me how to get those copies?

[Deputy Purple 1,294]

yes we actually are in a hurry. Every day without each other is like a torture

It's funny how I've never seen someone post here "We're in no rush to be together, we'll just stumble through the process and if she gets here in a few years then we'll be fine"...

You're in the same boat as everyone else. I really get a good laugh at the perception of K-1 being so much faster than CR/IR route.

Like I said earlier, the only real difference is the NVC but that's only a few weeks. In the long run you pay about $1,000 for those few weeks and are left with an incomplete process that requires months of USCIS hassle after she arrives on a K-1 whereas this a CR-1 you don't need to worry about USCIS again for 2 years.

[Deputy Purple 1,294]

I agree that i need to provide my criminal records. And im going to do so. But, im talking about the certified copies, which are hard to get. In the instructions for I-129f it sais that i need to provide cerrtified copies according to the international marriage brokers act. But im saying we didnt meet at the broker company! Can i just provide a regular criminal record?

The answer is no...

The requirement for the records is not conditional on how you met. It's because IMBRA added the requirement to ALL K-1s.

For certified copies you need to contact the Clerk of the Circuit Court where you were convicted, they are the only ones who can provide certified copies.

[Gibson 0]

Its very complicated to get married in Russia. First of all there's only one place that can do this. And u have to wait a month. U apply for getting married. Than u wait a month! I just don't have an opporunity to stay there the whole month or come to Russia 2 times. I will not be able to get off work. So i guess the only way for us is K1

thank u for your help

[Deputy Purple 1,294]

Its very complicated to get married in Russia. First of all there's only one place that can do this. And u have to wait a month. U apply for getting married. Than u wait a month! I just don't have an opporunity to stay there the whole month or come to Russia 2 times. I will not be able to get off work. So i guess the only way for us is K1

Or travel to another country that you can both travel to and get married there (destination wedding)...

Think outside the box a little, every problem has a solution...

[Operator 1,927]

Take a shot at posting specific questions in the Russia regional forum as well. Lots of experts over there.

http://www.visajourney.com/forums/forum/98-russia-ukraine-and-belarus/

[Gibson 0]

Take a shot at posting specific questions in the Russia regional forum as well. Lots of experts over there.

http://www.visajourney.com/forums/forum/98-russia-ukraine-and-belarus/

Oh! thank u! very helpful!

We've been reading Russian-fiancee.com Experts from there told us that the regular criminal record would be enough, because we didnt meet at the matchmakers. But i was not sure, that's why i decidet to ask here.

Definately gonna check it out! Thanks

[NoneYa 73]

I agree with most everything DaleFlorida said but... how do you know the beneficiary is from the Philippines?

Ooops ! I'm working, distracted... and was tunnel visioned on the Philippines since my fiance is there. My bad.

To the original poster, please fill out your time line because it does matter as to the answers you will receieve back. Thanks.

[JimVaPhuong 4,863]

The IMBRA requirements are twofold. First, it imposes a requirement that a foreign beneficiary of a fiancee visa petition be informed of any relevant criminal convictions of the petitioner before they issue a visa. Full disclosure gives the beneficiary the opportunity to back out before getting married, and (presumably) will reduce the number of beneficiary's who end up making VAWA applications because their new US citizen spouse abused them. Second, it imposes a requirement on International Marriage Brokers (IMB's) that they must collect information about criminal convictions from US citizens and provide that information to potential foreign fiancee's before they initiate contact between them. When a couple meets through an IMB then USCIS will use the provided information to confirm that the IMB followed the rules, collected the information, and distributed it to the foreigner.

The overwhelming majority of US citizens do not use an International Marriage Broker to find a foreign fiancee. What's more, most internet dating sites are not classified as International Marriage Brokers because they don't exist primarily to hook up Americans with foreigners, and they don't charge different rates to Americans than they do to people of other nationalities. This is where the first requirement kicks in. When USCIS approves the petition they will forward your criminal conviction information to Department of State, who will send it to the US consulate, who will subsequently send it to your fiancee, along with a pamphlet about their rights in the US, and how to seek help in case of domestic violence.

In other words, you have to provide the court documents in order to satisfy the disclosure requirements of the IMBRA, even if you didn't use a broker to hook up. USCIS won't deny your petition because of the convictions unless you're also asking for a waiver of the multiple filing limitations (if you've had another K1 petition approved within the past two years, or you've ever filed two or more K1 petitions). In that case, they may deny your multiple filing waiver request on the basis of the criminal history.

[Gibson 0]

The IMBRA requirements are twofold. First, it imposes a requirement that a foreign beneficiary of a fiancee visa petition be informed of any relevant criminal convictions of the petitioner before they issue a visa. Full disclosure gives the beneficiary the opportunity to back out before getting married, and (presumably) will reduce the number of beneficiary's who end up making VAWA applications because their new US citizen spouse abused them. Second, it imposes a requirement on International Marriage Brokers (IMB's) that they must collect information about criminal convictions from US citizens and provide that information to potential foreign fiancee's before they initiate contact between them. When a couple meets through an IMB then USCIS will use the provided information to confirm that the IMB followed the rules, collected the information, and distributed it to the foreigner.

The overwhelming majority of US citizens do not use an International Marriage Broker to find a foreign fiancee. What's more, most internet dating sites are not classified as International Marriage Brokers because they don't exist primarily to hook up Americans with foreigners, and they don't charge different rates to Americans than they do to people of other nationalities. This is where the first requirement kicks in. When USCIS approves the petition they will forward your criminal conviction information to Department of State, who will send it to the US consulate, who will subsequently send it to your fiancee, along with a pamphlet about their rights in the US, and how to seek help in case of domestic violence.

In other words, you have to provide the court documents in order to satisfy the disclosure requirements of the IMBRA, even if you didn't use a broker to hook up. USCIS won't deny your petition because of the convictions unless you're also asking for a waiver of the multiple filing limitations (if you've had another K1 petition approved within the past two years, or you've ever filed two or more K1 petitions). In that case, they may deny your multiple filing waiver request on the basis of the criminal history.

Can i send them my criminal record and just get my fiancee to sign it? that she is aware of it? I cannot get the certified copies. There's just no way

[dessndave 3]

I never provided them copies or anything.

I just stated what I was arrested for and that I no longer live in such area.

theft, discharging firearm in city limits & resisting arrest is on my record.

I am also allowed to work at the prison here in california or atleast allowed to do contract work there as the already investigated me a couple years ago.

you may be able to contact the court & ask for the disposition.

I never did & I wouldnt do it in my small town I am living in as they may hold it against me. Which is whats bad about small towns.

Each case is also different.

[Gibson 0]

I never provided them copies or anything.

I just stated what I was arrested for and that I no longer live in such area.

theft, discharging firearm in city limits & resisting arrest is on my record.

I am also allowed to work at the prison here in california or atleast allowed to do contract work there as the already investigated me a couple years ago.

you may be able to contact the court & ask for the disposition.

I never did & I wouldnt do it in my small town I am living in as they may hold it against me. Which is whats bad about small towns.

Each case is also different.

Thanks a lot! that's very helpful. So u got no problems without copies and your fiancee got her visa?

[dessndave 3]

she got her visa & on the 17th got approved for her green card.

also got to keep her ead

I don't have a copy of the original documents I sent in initially but I didn't include it.

as it mostly pertains to harder criminal activities.

which I also included my charges but the last 2 I claimed no contest so it doesn't look innocent & doesn't look guilty it was just to get out of the crummy town I lived in and once allowed I moved instantly.

I do have some of the documents from then which I just found recently but they make no sense.

You should have your papers from when the court was over. simple to get I believe

I think they will send a rfe if they truly want them.

RFE is basically a pink slip giving you 90days to submit requested papers.

we got a rfe for financial documents for her AOS they wanted 12months instead of the 6months I sent in.

or a co-sponsor

so I sent both lol just to be on the safe side.

[Operator 1,927]

I never provided them copies or anything.

I just stated what I was arrested for and that I no longer live in such area.

theft, discharging firearm in city limits & resisting arrest is on my record.

I am also allowed to work at the prison here in california or atleast allowed to do contract work there as the already investigated me a couple years ago.

you may be able to contact the court & ask for the disposition.

I never did & I wouldnt do it in my small town I am living in as they may hold it against me. Which is whats bad about small towns.

Each case is also different.

The difference may be that the convictions that the OP has ARE specifically listed on the I-129F while the ones that you listed are not.

"Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act"

[dessndave 3]

That is also true if its listed on the k1 process they will need the outcome of it all.

dates etc.

just contact the courthouse & ask for a printout of it.

if they ask what its concerning let them know you need it for homeland security and the immigration process to bring your fiance to the states.

And make sure you stop drinking.

hope everything goes well with it all & it should be simple to obtain it all.

Edited November 23, 2011 by dessndave