PLEASE HELP!!!!!!!!!! IM SOOOOOO SAD!!!!!!!!

[Thane 8]

You have had 3 DUIs and 1 drug charge. You are required under IMBRA to provide police reports and court records to show the disposition of those cases. I would start gathering those documents.

I was in a similar situation and received an RFE for it. Be prepared, at some point you may receive one or need to refile. I actually sent a fingerprint form to the FBI to receive my "rap" sheet so I could know for sure whether my cases were actual convictions or not. My RFE set us back 3 months or so. This all happened before her interview though so your case may be different.

Wish you guys the best of luck !

IMBRA only applies to those that actually used an international marriage broker. If he did then he should gather evidence, although I thought under IMBRA that it was the marriage broker's responsibility to inform what would be the beneficiary of any such transgressions, which makes me think that this is not an IMBRA case.

[Simeon 25]

i understand and you are right. does anyone have any thoughts on what my options are, upon denial? any thoughts on what they will do? i had no idea this would ever come up here and i certainly would never hide this from my fiancee. and i do feel very bad that she may look like a liar when she did nothing wrong at all. i feel like i died tonight.

Terrible situation. Sorry to hear that. It's not the end of the world. You were just negligent about your past since it was 14 years ago, but remember that the government has done their homework on you. Here's what I would do if I were you:

1) come clean with your fiancee about everything, answer any questions she might have, apologize as many times as necessary, and patch up your relationship. I would feel upset and hurt by your actions, even if they were unintentional, if I were her.

2) although the lie was not intentional, your fiancee did not tell the truth in an interview with a consular officer, and now you need to explain that to the government. Chalk it up to underestimating them, and do better in anticipating their questions in a future interview. They will likely issue you an RFE, so be prepared for it... not a denial, only a delay. Give them what they want, and prepare for the next interview, this time, better equipped.

I believe there should be some posts on what the interview questions are, but I can't search for it at the moment (Google is blocked in China because of the big T incident). Use it to prepare for the possible questions, especially regarding your history, criminal and non-criminal.

Good luck! Keep plugging away at it, and the visa will be here before you know it.

[Rich and Wen 101]

Didn't I read on Page 2 that he was married for 10 years to an immigrant from Romania? Depending on those circumstances, that may have a bearing on whether CO thinks this is a bonafide relationship or not.

[love4life09 15]

IMBRA only applies to those that actually used an international marriage broker. If he did then he should gather evidence, although I thought under IMBRA that it was the marriage broker's responsibility to inform what would be the beneficiary of any such transgressions, which makes me think that this is not an IMBRA case.

My mistake, I hired an immigration lawyer to respond to my RFE. He said it was, even though I met my wife on the free dateinasia dating site.

[heytoot 4]

Hi! First of all I am sorry about what happened to your fiancee interview, well I cant really relate much to this process since its a Fiancee visa your planning to get. But one thing I could tell you is that, the CO there in the philippines is one of the most particular people. This is base on experience I am a dual citizen and I was able to live in the philippines for quite sometime because my parents used to live there, so I applied for a transit visa but I did have an under process spousal visa. When I went to the interview the CO asked me questions that was not relevant with my case because i was not planning to get inside the US because of course why would I take that risk when I have a spousal visa that is under process, i just wanted to pass by and get to my connecting flight. But anyways what happened was that this CO was asking me questions and did not even ask for any proof (i.e my tourist visa) what he did he just told me I cant approve your visa as of now, without a very detailed explanation why. So I called my husband and explained to him what happened and he told me to go back and talk to the CO but they did not allow me because they said whatever decision that was made by the CO there is no way of changing it and I told them but I need an explanation he never provided me with one, the person who worked there look at the paper the CO gave me and she saw there was no explanation, so she advised me the only thing you could do is call a number, but unfortunately I dont have it anymore. Try calling the US embassy probably they have that number! But Up until now I'm assuming why he denied me the transit visa is probably because he saw in his system that I have a under process spousal visa. But I suggest what you can do is that you can wait for the result, or you could fly to the phillippines and talk to somebody from the embassy because I know for a fact that they do prioritize US citizen and explained to them what happened, or forbid this if your fiancee do get denied go to the philippines and marry her and apply for a spousal visa, but this time provide her with the necessary information about you because CO from the philippines are one of the most particular and strict CO ever. Everyone I knew from there and undergone this immigration process will really tell you that the CO from there are really strict and observant. The CO who interviewed your fiancee probably thought the relationship was not legit.

But try to call first the US embassy and ask them that number, tell them that the CO did not provide your fiancee a detailed information on what happened or better yet ask your fiancee if she does live in manila to go back and ask help from the first windows before she entered the building. Im pretty sure she passed this window where they will check her documents. Let her bring the blue paper, or the denial paper if she does have one.

But if she still doesnt have her passport, might as well wait for it. Who knows she probably will get approve.

My fiancée just had her interview in manila, long story short she got a real ####### consular. Started asking her if I have ever been convicted of a crime and have I ever filed bankruptcy. The answer she gave was no, because she didn't truly know. When in fact 15 years ago I have a theft felony for taking to many unemployment checks after I started working again. Ive filed bankruptcy twice over the years, I sold a bag of pot 35 years ago, and I have a burglary charge for taking a knife out of a showcase where I worked. I also have 3 duis over the last 25 years......I have not been in any trouble in over 14 years!!!!!! and it was a dui. Before that its was in 1994 for the unemployment checks. Iam a good man with children who did stupid things when I was younger. They put her in review at the embassy .........what will likely happen? and if they deny us what do I need to do? please help iam crying my eyes out right now....I love my fiancé so much and cant believe I was the one on trial here, I have never heard of anyone being asked all these questions about the petitioner.....please tell me what I can do......I never lied....the only questions asked anywhere on any paperwork was if I was ever charged with violent crimes........please help us we are so sad and lost right now......this just happened 30 minutes ago.....

[Jawaree 718]

You have had 3 DUIs and 1 drug charge. You are required under IMBRA to provide police reports and court records to show the disposition of those cases. I would start gathering those documents.

I was in a similar situation and received an RFE for it. Be prepared, at some point you may receive one or need to refile. I actually sent a fingerprint form to the FBI to receive my "rap" sheet so I could know for sure whether my cases were actual convictions or not. My RFE set us back 3 months or so. This all happened before her interview though so your case may be different.

Wish you guys the best of luck !

He is the petitioner..your advise is backwards

OP get your Senator involve to enquire on whats

going on & steps U may take....good luck

[dorz 0]

I experienced what your fiancee experience too. I had my interview last Feb and I was ask by the consul about my fiance's past. He was convicted of a crime 15 yrs ago but he did not tell me this thing so when I was interviewed by consul, I was wondering why he asked me if my fiance was convicted before and I answered him no. I only knew everything when I received a letter from embassy after a week that I need to submit the documents related to to crime and my fiance told me everything. I cannot do anything now but to wait. Until now i'm still AP and waiting their decision. They did not return my passport and we message them many times but they only told us to always wait.

[kitthekat 1,317]

IMBRA only applies to those that actually used an international marriage broker. If he did then he should gather evidence, although I thought under IMBRA that it was the marriage broker's responsibility to inform what would be the beneficiary of any such transgressions, which makes me think that this is not an IMBRA case.

IMBRA requires that the criminal background of all K petitioners (whether or not they used an IMB) be disclosed to the foreign beneficiaries. IMBRA governs more than just IMBs (e.g. petitioners who file for multiple K1 beneficiaries), just like VAWA protects the rights of more than just women.

From: http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/imbra072106.pdf

If the petitioner indicates that he or she has been convicted by a court or by a military tribunal for one of the specified crimes by checking one or more of the boxes in Part C., question 2 of Form I-129F, or USCIS ascertains through relevant background checks that the petitioner has been convicted, the petitioner will be required to submit certified copies of all court and police records showing the charges and dispositions for every such conviction. This is required even if the petitioner’s records were sealed or otherwise cleared. Such information shall become part of the petitioner’s Form I-129F. If the petition is approved, the petitioner’s Form I-129F (including all criminal background information submitted by the petitioner and any related criminal conviction information that USCIS discovers during the course of conducting its routine background check) must be provided to the Department of State. The Department of State will disclose this information to the beneficiary during the consular interview.

[raven52 233]

Does the I-129 ask, "Have you had 3 or more DUI's or drug convictions.,.,..,.I do not think it states, within so many years, THIS..,.,.to me is a question that was not answered truthfully.,.,.,.,.,let alone all that other stuff.,,.,.,in which to me, I would have submitted a letter notarized, and stated the "many" offenses you have had.

Failure to do this, in my opinion, has caused your ultimate denial. I hope I am wrong..,,.but when you sign the I-129, you answer your answers are true and correct.

It says nothing about "felony DUI".,.,..,it says 3 or more DUI's.,,.,.if what I have read, is accurate, you signed a false statement!

[Thane 8]

IMBRA requires that the criminal background of all K petitioners (whether or not they used an IMB) be disclosed to the foreign beneficiaries. IMBRA governs more than just IMBs (e.g. petitioners who file for multiple K1 beneficiaries), just like VAWA protects the rights of more than just women.

From: http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/imbra072106.pdf

If the petitioner indicates that he or she has been convicted by a court or by a military tribunal for one of the specified crimes by checking one or more of the boxes in Part C., question 2 of Form I-129F, or USCIS ascertains through relevant background checks that the petitioner has been convicted, the petitioner will be required to submit certified copies of all court and police records showing the charges and dispositions for every such conviction. This is required even if the petitioner’s records were sealed or otherwise cleared. Such information shall become part of the petitioner’s Form I-129F. If the petition is approved, the petitioner’s Form I-129F (including all criminal background information submitted by the petitioner and any related criminal conviction information that USCIS discovers during the course of conducting its routine background check) must be provided to the Department of State. The Department of State will disclose this information to the beneficiary during the consular interview.

I was mistaken, thanks for providing that. I knew that if you answered yes to those questions on the i-129f that you would need to provide some sort of disposition, but do they actually run a background check?

[John+Lourdelie 28]

As stated, your fiancee can not go back into the Embassy without an appointment. For you to call the Embassy will do no good as there is no one for you to talk to that can do anything for you. If you can not go to the Embassy yourself, I would say that your only recourse is to wait and see if you get an RFE, approval or denial from AP. Sorry for the diffuculty that you and your fiancee are having. Hope it all works out for both of you.

John

[dorz 0]

I have the same situation to your fiancee. I was AP since february 2014 until now. Very horrible.what was the ebassy told to your fiancee about this? Do they asked documents regarding to your case before?

[Maxzim 37]

My fiancée just had her interview in manila, long story short she got a real ####### consular. Started asking her if I have ever been convicted of a crime and have I ever filed bankruptcy.

Are you from USA? Born and raised? I mean they ask EVERYWHERE ALWAYS those questions. Job, school, ANY kind of applications. You expected not to have that question on IMIGRATION process?

Don't be mad at people who are trying to tell you the truth. If you don't want to face the truth yourself, don't be mad at people who are trying to help you. and they are doing so by telling you the truth.

If you said you had a financial problem or can't leave the work to going see your fiancée now, i would semi understand. But you don't have anybody to leave your kids with? really? what kind of excuse is that?

Having your fiancée go to the embassy? really? didn't you set her up already?

Getting married over there is not an option? Jeez are you listening to yourself? This topic is just getting me pissed.

First time it is a mistake, second time it is a choice.

I wish you luck and hope you get your life together and start thinking big picture rather than getting defensive and not listen to people and keep making mistakes:(

Edited June 19, 2014 by Maxzim

[glazierguy 20]

just to let the people who care know, after our sad visa day, i got on a plane and now am in manila. went to the embassy and they are to busy to see me! wanted to tell my side but never got the chance, i leave on wed. and will try once more. i submitted letters i wrote to them, and had them notorized here in manila, so at least they know i made an effort to prove to them my fiancee and i love each other very much. good luck to everyone with good heart.....

[Leatherneck 693]

just to let the people who care know, after our sad visa day, i got on a plane and now am in manila. went to the embassy and they are to busy to see me! wanted to tell my side but never got the chance, i leave on wed. and will try once more. i submitted letters i wrote to them, and had them notorized here in manila, so at least they know i made an effort to prove to them my fiancee and i love each other very much. good luck to everyone with good heart.....

I hope the extra effort of traveling to Manila produces a positive outcome for you and your fiancee.