K1 with criminal record for USC

[C&I 18]

I need some inputs from people who really know about the subject and/or have been through something similar. Any experiences, ideas and advices on the process are welcome.

Here is the story : my fiancé (USC) has wrongly been convicted of kidnapping 7 years ago. They finally changed his plea agreement and was finally convicted for conspiracy to commit burglary. He served 6 years in prison. Kidnapping appears in the list of question 3.2 of the I-129F form, where they ask if the USC has ever been convicted for any of the crimes listed. Conspiracy to commit burglary does not appear.

We already talked to 2 immigration lawyers who said it should not be a problem as the charge was changed. But I still have some doubts because the first offense was kidnapping, even if it was changed afterward.

Since this is an IMBRA topic, do you think this could be a reason for denial???? I don't want to apply for a K1 visa and wait months and months if at the end they deny us because of this.

I red here that some people got approved, even if the petitioner had a criminal record. My understanding is that they don't approve if the offense is againt women and children. My other understanding about IMBRA is that it's made to inform the beneficiary about any criminal history of the petitioner, if there are any.

Thanks for reading and for your answers.

[HollyGolightly 72]

Someone can correct me if I am wrong, but I believe submitting evidence about prior criminal history in compliance of IMBRA is primarily intended to provide disclosure to the beneficiary. The only time it would be used to deny the approval of a petition is if the petitioner was also asking for a waiver of the multiple filing limitations. Since that does not apply to you, you should be ok. In general, a criminal record does not automatically lead to a denial, but it is a factor when the officer is adjudicating your case. Good luck!

[C&I 18]

Thank you Hollygolightly! I hope it's the case!

Anyone else has any inputs?

[Harley2 8]

I am in a similar situation. Upon talking to 2 lawyers (for free), and extensive reading on the internet here is what I concluded

-petitions are not routinely denied upon a conviction of those listed

-if the USC is not a previous filer and the crimes were not domestic violence/sex/underage related, there is not a waiver to file for

-As Hollygolightly points out, the evidence the USC submits is made available to the beneficiary (? at the interview at consulate), so you are fully aware

-more of a problem if you used a marriage broker, or USC is a multiple filer

I'm no expert, but that's my understanding.

Oh and as an aside.....and again this is just what I've been read/informed......if you get married and go for the spouse visa, the USC criminal record either doesn't come up, or is less of an issue...or something!

[HollyGolightly 72]

Oh and as an aside.....and again this is just what I've been read/informed......if you get married and go for the spouse visa, the USC criminal record either doesn't come up, or is less of an issue...or something!

Correct because the petition will no longer be relevant for IMBRA but will be under scrutiny in relation to AWA. I am not sure but seems like AWA seems more restrictive than IMBRA.

[C&I 18]

Thank you both for your answers.

I also red somewhere that if you go for the spouse visa, the criminal record of USC doesn't come up but I'm note sure about it.

Harley2, please send me your updates on your visa process! I hope everything will be fine! It is not everyday that I hear about people in the same situation!

Which documents did you send with the I-129F application? Police reports, documents from courts, etc...? Did you also send a letter explaining the case?

I also think the Adam Walsh Act is more restrictive than IMBRA. I found this link :

http://www.uscis.gov/sites/default/files/USCIS/Humanitarian/Battered%20Spouse,%20Children%20%26%20Parents/IMBRA%20Pamphlet%20Final%2001-07-2011%20for%20Web%20Posting.pdf

There is a part of text that says this:

The intent of IMBRA is to provide available information and resources to immigrating fiancé(s) and spouses. Ultimately you are responsible for deciding whether you feel safe in the relationship.

This would mean a consulate can't deny a visa because of a past criminal record (except domestic violence/sex/underage crimes) ?

[Harley2 8]

This would mean a consulate can't deny a visa because of a past criminal record (except domestic violence/sex/underage crimes) ?

That is as I have been informed and as I understand it. But we shall see.

[paustin 1]

not trying to discourage you, if your case involves AWA, save your both time some grieves and stress. It's going to be super hard and time consuming. I am not trying to be negative here. I have been through and it hasn't been easy on both of us. The case is still f**** pending. If you can move to live with your partner, that will be ideal. Otherwise, good luck on this if you decide to go with it.

[C&I 18]

Hi paustin,

AWA is not IMBRA, if I understood everything correctly. The Adam Walsh Act is for sex offenders, that's not our case! I know it's hard to get a visa if you have an AWA case, I red that a lot in here. Good luck! There is always a solution if both partners want the same things.