Criminal Background

[josey wales]

I have read about IMBRA.  My understanding is, if you met your fiance through an agency, a criminal background check is performed on both parties, with the results given to each person.  Let's say for example, that you have an assault from a few years back.  It was a misdemeanor and no real injuries occurred.  It was just an argument, someone threw a punch, and the police broke it up quickly.  One person spent a few hours in the cool-off-room, paid a fine, and moved on with life.

My question is this:  if you have a criminal record, can your fiance k1 visa be denied?  Should you forget pursuing this adventure?

Please I don't want to hear about how much this "criminal" should be denied happiness in life, rot in hell, has the makings of a wife beater, ect ect.  The "criminal" learned his lesson and paid what he owed.  Thanks for understanding.

[viking]

No. Your fiance cannot be denied a visa because YOU have a criminal record. It is HER visa. Forget IMBRA. It has nothing to do with anything with a visa. Its purpose in the dating industry was to make an agency required to ask American men to fill out a form, stating if they had a criminal background so the women he was corresponding with would know what kind of guy he was. And the agency DO NOT do any kind of check at all. Just a form that is filed someplace.

[Daveman]

I am absolutely not an expert or even really knowledgeable on this topic.... As I understand it, you can marry her in her country and do the K-3 without IMBRA complications at all, though I may have misunderstood..

As for the K-1, you SHE could be denied the Visa if the IMBRA provisions were not met.  Many have met and married through EM and I am positive they do not perform actual background checks but rather do that checklist thingiemabobber questionnaire.

It's really not that big of a deal other than the hassle. As I understand it, it's not about what you did in the past but rather that the lady KNOWS what you did in the past. And it doesn't matter whether conviction or only arrest with charges dismissed. IMBRA still applies.

And yes, you're an evil wife beater who should be denied happiness and should roast THEN rot in hell, AFTER, of course, they pour in an extra helping of brimstone for good measure.   :evil:

I know of one member here who said he has a criminal record, a situation very similar to what you described, and he's married now via K-1 after IMBRA took effect.  

Ahhh, viking beat me to the reply, but I'll throw this one up there anyway..

[Faux Pas]

josey wales

Perhaps some anger management classes?  j/k The answer in all likelihood is no. Sounds like a simple assault. IMBRA will have to be satisfied if you meet her through an agency for the visa process. I went through the process but only filled out one form relating to IMBRA but I did not use an agency in meeting my wife.

[dogspot]

Just be honest and there is nothing to worry about.

[remiel6]

If I recall correctly from last year the IMBRA does have its requirements, but there is a background information separate from that. My immigration lawyer asked me only I think 5 questions. 1) have you met in person in the last 2 years, 2) do you make more than 125% of federal minimum wage (for K1 approval) 3) Does your fiance have children she is trying to bring over (not something they would decline the visa over, just more paperwork you need to have 4) does she have criminal background, overstayed a visa to US etc... 5) do you have background?
The purpose of the IMBRA is to make sure the woman knows her husbands past before she comes over here so they are not surprised when husband hits them. I would call a K1 or K3 attorney and ask them, the call will probably be free for a consultation anyway.  

[remiel6]

Oh and an assault might be less of a problem than a domestic assault. a note worth mentioning because in this scenario there is a big difference between the two.

[Admin]

I have read about IMBRA.  My understanding is, if you met your fiance through an agency, a criminal background check is performed on both parties, with the results given to each person.  Let's say for example, that you have an assault from a few years back.  It was a misdemeanor and no real injuries occurred.  It was just an argument, someone threw a punch, and the police broke it up quickly.  One person spent a few hours in the cool-off-room, paid a fine, and moved on with life.

My question is this:  if you have a criminal record, can your fiance k1 visa be denied?  Should you forget pursuing this adventure?

Please I don't want to hear about how much this "criminal" should be denied happiness in life, rot in hell, has the makings of a wife beater, ect ect.  The "criminal" learned his lesson and paid what he owed.  Thanks for understanding.

Check out page 7 of the attached DRAFT IMBRA Compliance Kit. It should address your questions about the criminal background required by IMBRA.

- Dan

[josey wales]

Thanks for the replies.  The conviction was a simple assault.  A fine was paid, that's all.

One more question:  let's say this "hardened criminal" does not use an agency, per the 10 commandments.  Maybe he uses a dating website and begins a nice relationship with her, and eventually goes to meet his future ex wife.  What are background check implications then?

And just in case you are wondering...yes I will disclose what happened to a lady I'm interested in.  Actually my ex GF was cool with my story.  She just reminded me that if I ever tried any BS with her, I would get my b***s ripped off.  

[josey wales]

Check out page 7 of the attached DRAFT IMBRA Compliance Kit. It should address your questions about the criminal background required by IMBRA.

- Dan

Thank you sir this is helpful.

[Gator]

Josey,

IIRC, your assault conviction would possibly come into play if you submitted a second K-1, especially with a different woman.  Dependent upon the time between the two k-1 applications, you may need a waiver, and if so you would be required to report arrests, convictions, etc.  Physical assault would be a red flag to the feds granting you a waiver.  Nevertheless, as someone stated above, you can always marry in her country and submit a K-3, which is not regulated under IMBRA.

The important advice:  feel certain about your relationship and the woman when applying for a fiancee visa.

[Admin]

K-3 and IMBRA.

Actually, as I read the IMBRA legislation (http://www.goodwife.com/index.php?pid=14), it makes reference to "K nonimmigrant visa" - which I read to include K-1 and K-3 visas (and related - K-2 and K-4). I further recall (vaguely) seeing a USCIS clarification letter that specified the K-3 as being subject to IMBRA.

Further, based on recent developments and processing times, there is no benefit to processing a K-3. The K-1 is faster than a K-3, and if you are marrying in-country, then the I-130 (CR-1) process is the appropriate route.

Just FYI

- Dan

[Daveman]

K-3 and IMBRA.

Actually, as I read the IMBRA legislation (http://www.goodwife.com/index.php?pid=14), it makes reference to "K nonimmigrant visa" - which I read to include K-1 and K-3 visas (and related - K-2 and K-4). I further recall (vaguely) seeing a USCIS clarification letter that specified the K-3 as being subject to IMBRA.

Further, based on recent developments and processing times, there is no benefit to processing a K-3. The K-1 is faster than a K-3, and if you are marrying in-country, then the I-130 (CR-1) process is the appropriate route.

Just FYI

- Dan

Thanks for the correction about the K-3, Dan.  Not sure where I got that information...

[Turboguy]

At one time I spent a lot of time studying IMBRA since it was new when I was applying and it did require me to file a waver.   Time has passed and my memory has faded but I do remember enough to say you don't have to worry about it.  IMBRA will not cause you to be denied because of that or even if it was worse, but they do want to be sure the fiancee is aware of past problems.   If you file a K-1 make sure your fiancess knows all about it before she goes to the interview and you will be fine. 

[GQBlues]

I have read about IMBRA.

My question is this:  if you have a criminal record, can your fiance k1 visa be denied?  Should you forget pursuing this adventure?

You glossed over it, you mean?

IMBRA wasn't enacted to deny anyone a K-visa. It was enacted to give a foreign woman a way to get an overview of man's stature e.g. criminal past, marriage, etc...It leaves the decision to the woman to agree to continue to get to know you. She will once again be reminded of a man's history during the visa process which she will need to affirm once again.

This isn't as tedious or as invasive as people make it out to be. The most vocal opponent of this law are understandbly folks with reason to be so and folks who stand to lose $$ because of it.

[alex330]

There are certain crimes which could affect your outcome in sponsoring someone for a VISA or citizenship I was told by an immigration attorney.
Crimes involving "moral turpitude" can affect the outcome of cases.

[Al_C]

Did you disclose your criminal history on your IMBRA form?  As long as you filled it out truthfully, you should not have a problem.

How far back does your history go?  Most states only maintain these records on computer for five years, so an older criminal history should not even show up when they check.'