On Probation

[chrisepic 0]

I am on probation for a second DUI. I know I dont have 3 or more alcohol related convictions, so this doesn't qualify for an IMBRA waiver, but in general, will me being on probation be bad for my future wife's immigration process through a K-3 visa? Will I need a waiver for that? Can US citizens immigrate their foreign spouses when they are on probation for non violent crimes?

[Dean iWait 0]

There is no waiver required for criminal convictions of the USC under IMBRA! The waiver is for filing for multiple K-1 petitions. There was a numerical limit set by the IMBRA. There is no law in place that would deny your petition based on the USC's criminal history except for the Adam Walsh Act which specifies certain convictions of crimes against children the USC ineligible to file any family based petiton. It's now time for you to move forward with your plans with your fiancee and quit worrying about this.

[patiently_waiting 0]

If it is the USC on probation, that has nothing to do with the immigrant. It would be different if the immigrant were on probation.

[chrisepic 0]

There is no waiver required for criminal convictions of the USC under IMBRA! The waiver is for filing for multiple K-1 petitions. There was a numerical limit set by the IMBRA. There is no law in place that would deny your petition based on the USC's criminal history except for the Adam Walsh Act which specifies certain convictions of crimes against children the USC ineligible to file any family based petiton. It's now time for you to move forward with your plans with your fiancee and quit worrying about this.

AMEN! Thank you