Getting married to a FSU woman in a 3rd country

[GQBlues]

  I'm not trying to do an end run around the system, it was because of stupid stuff I did when I was a teenager that sounds significantly worse than it really is.  I explained it in detail in the RWD chat and a member talked to someone they knew at the American embassy in Russia and I was told to e-mail the embassy directly and that my situation will most likely not be any problem for getting a K-1 visa.  My personal guess is that the lawyers were just being extremely conservative about the whole situation.

I want to give a special thanks to everyone in the RWD chat for helping me out and giving me some very good ideas on how/what I should do to marry my fiancee.

 
I always find it amusing how anyone can take someone's words in the internet over 'several immigration attorneys'. Not saying whoever it was you chatted with didn't know what she/he was talking about, it's just that it looks, well, interesting....another example of the fact RWD is indeed a great source of information.
 
Anyway, I wish you a bumpless path to bliss....

[alex330]

How could one cover up a record? It is my understanding that even if a record is "expunged" at the state/local, it *always* remains in the FBI database and, though this may be in error, I was told a while back that there is no such thing as having a record expunged from THAT database.  Isn't a background done on that federal level?


So what would someone do to cover it up? try using a different name or false documentation?

I believe you are correct in that you cannot not modify your record in the Federal database.

I think in this day and age it is almost impossible to hide anything like this. Information clearing houses store as much info as they are able to obtain. They will sell the data to employers down the road, etc. If the crime is older I can see where it may have been lost in the system.

In any case I am sure you would want to be as honest and upfront about any speed bumps you may have had in your past with the person you plan on spending your life with.

[ECOCKS]

How could one cover up a record? It is my understanding that even if a record is "expunged" at the state/local, it *always* remains in the FBI database and, though this may be in error, I was told a while back that there is no such thing as having a record expunged from THAT database.  Isn't a background done on that federal level?


So what would someone do to cover it up? try using a different name or false documentation?

 Don't know, that's why I am asking questions.
 
 Haven't there been a couple of marriages/K1's where it turned out the guy was a sex offender/domestic violence offender? There was one in Seattle that ended in murder and another back in the Virginia area that both figured into VAWA wasn't there?
 
 Whose "moral turpitude is being considered in the earlier post though?
 
 Now, those may have been before this Walsh act or the Act may have been in response to incidents like these. That's part of why I was asking about it.

[Daveman]

Honestly, I have no idea. There is no where I can find that defines that or what the USCIS investigation consists of. IIRC, the question was asked point blank on a couple of the K-1 application documents about any felony convictions and if so, what? They still do an FBI background check on the applicant and petitioner. I suppose for a cross reference as to what was declared on the application. I haven't read anywhere that a previous felony would disqualify one from a K-1. Certainly isn't going to improve one's qualification but does it disqualify one, I'd only guess no.

That's interesting.  I'm in the process of the I-130 petition, and nowhere at all, at least at this initial phase of petition submittal, are there any IMBRA or criminal background related questions - nothing.  Unless I am missing a form that is.. but, I've gone over the list more times than I care to count and I think I have everything. Certainly, as you say, the background check is conducted regardless so it must be for cross reference (or perhaps a "stop right here" kinda thing).


Perhaps the K-3 was similar when those were being accepted (at the time of this writing, or rather at the time I began seriously researching this, they were/are not).


Plus, getting back to what disqualifies... good night, on that Elenas Models IMBRA form US citizens have to complete,  the wording was something like "have you ever been arrested for or convicted of Murder, Rape, Battery..."  So it seems that even a murder conviction would not disqualify a petitioner as long as the conviction was disclosed to the (future) applicant. 


That seems a little strange to me.. I mean, sure, I think children should be protected as much as possible, but it seems like "Fondle a child" and you can't petition... KILL the Ex Bitch of a Wife.. and hey, a little red tape and no problem.  However, I'll be the first to admit ZERO actual knowledge of any of this...  just a strange thought popping into mind at the seeming, I don't know what.. weirdness?

[alex330]

I just looked at my K1 paperwork and item number two in Part C of form I-129F asks very clearly about the conviction of specific offenses. . They must check the Feds database on these for K1 filers. And they do appear to be similar in nature to crimes involving moral turpitude.

The OP can just look at that form, that will answer his questions I am sure.


But does not mention disqualification based on such....who knows?

[ECOCKS]

....

Certainly, as you say, the background check is conducted regardless so it must be for cross reference (or perhaps a "stop right here" kinda thing).

....

Plus, getting back to what disqualifies... good night, on that Elenas Models IMBRA form US citizens have to complete,  the wording was something like "have you ever been arrested for or convicted of Murder, Rape, Battery..."  So it seems that even a murder conviction would not disqualify a petitioner as long as the conviction was disclosed to the (future) applicant. 


That seems a little strange to me.. I mean, sure, I think children should be protected as much as possible, but it seems like "Fondle a child" and you can't petition... KILL the Ex Bitch of a Wife.. and hey, a little red tape and no problem.  However, I'll be the first to admit ZERO actual knowledge of any of this...  just a strange thought popping into mind at the seeming, I don't know what.. weirdness?

That's sort of along the lines on what I was thinking.

It seems from the comments about the Walsh Act that the intent was to prohibit certain felons from bringing in spouses and (perhaps) other measures such as VAWA and IMBRA may be protecting (okay, "attempting to protect" for some) others at various stages of the immigration process.

[Jooky]

I always find it amusing how anyone can take someone's words in the internet over 'several immigration attorneys'. Not saying whoever it was you chatted with didn't know what she/he was talking about, it's just that it looks, well, interesting....another example of the fact RWD is indeed a great source of information.

It was me, and I provided him with the appropriate direct contact info for the US Embassy Warden, the USCIS, the State Department and Customs and Border Patrol as well as had a chat with a friend at the Moscow embassy.
 
Better to get the info 'straight from the horses mouth'.
 
 

[Faux Pas]

If you guys are looking for rhyme, reason or the petition process to make sense you'll likely be disappointed 


There was no IMBRA documents that I recall in our K-1 packet. From reading on the forums I expected something, there was nothing.  There was a question as to if were were introduced through a marriage agency/broker (something). I checked no. I didn't consider a EMs a agency. When I signed up at EMs (and some other sites) there was a quick form concerning IMBRA asking if I had been convicted of certain crimes. I filled it out, checked no and went on. For all intent and purposes I could have been a perverted axe murderer. Of course I am not and there is nothing on my record.


Speaking of records or convictions, If a judge in the court of conviction seals or expunges the records, the seal will transfer to the FBI database as well. A sealed record is sealed to everyone unless another judge in a higher court overturns it. From what I understand it is not too difficult after a period of time to have a juvenile record sealed or expunged. It's effort and expense more than anything

[Muckraker]

AWA applies to K-1 too.
 
IMBRA is about disclosure to the beneficiary. 
 
K-1 vs immediate relative I-130 turns on so many factors, the OP has disclosed nothing of value here to determine whether one path is "logical" or "unethical" over the other. But generally, you would look at what is better for the appeal, because you aren't getting the visa in either case without an appeal if you have an AWA problem (assuming he does have that problem).  During the appeals process the petitioner will have to prove "no threat to the safety and well-being of the beneficiary" and perhaps the two immigration attorneys, after reviewing the record and nature of the offense(s), and the factors involved in successful appeals, determined that his best shot was if the beneficiary was already his wife (or step-children, if they are involved). 
 
Muck
 
 

[Eisenoxyde]

My situation was a possible AWA problem, with the biggest concern about the legal semantics of 'convicted' vs. 'adjudicated'.  After discussing my situation with USCIS, I was told that because I was 'adjudicated as a juvenile delinquent' instead of convicted, it does not apply to me.

[Faux Pas]

WTH is AWA?

[GoodOlBoy]

For God sakes please tell me we are not talking about Adam Walsh (Act)?
I happen to know Mr. Walsh (when I lived down in South Miami).
 
GOB

[Boethius]

For God sakes please tell me we are not talking about Adam Walsh (Act)?
I happen to know Mr. Walsh (when I lived down in South Miami).
 
GOB

He stated this occurred when he was a teen, so if it is the Adam Walsh Act, I assume this was sex between teenagers.

GOB, I really admire Adam Walsh for taking an event that is too horrific to imagine and changing laws, and the way people think, in ways that will help thousands, perhaps even millions.  In the USSR, there was even a programme modeled on "America's Most Wanted".

[GoodOlBoy]

Unfortunately Boethius, there was another less publicized horrific child murder case only a few miles from my house back in the 90's. The child's name was Jimmy Ryce. Those of us who had children back then were terrified at the prospects of just how many sick/dangerous people were living amongst us.
 
You really like to believe that because you live in the GoodOl' USA, your wives and children are safe......It ain't so.
 
GOB
 
http://en.wikipedia.org/wiki/Jimmy_Ryce

BTW....When Marina got her citizenship a couple of years ago, I helped her get her CWP. She carries a sub-compact 9mm Beretta with her, everywhere she goes.

[OlgaH]

He stated this occurred when he was a teen, so if it is the Adam Walsh Act, I assume this was sex between teenagers.

There was not any sex involved at all . I know it is not my place and it is up to OP to explain, but what I know from OP I would consider rather a silly teen prank, and the record for the rest of his life is just authority went to far in my opinion.

Sorry Eisenoxyde, but I think you better to shatter the assumption   

[Faux Pas]

There was not any sex involved at all . I know it is not my place and it is up to OP to explain, but what I know from OP I would consider rather a silly teen prank, and the record for the rest of his life is just authority went to far in my opinion.

Sorry Eisenoxyde, but I think you better to shatter the assumption  

Yes he should, IMHO


He put it out there and opened the thread to begin with and if he wants honest advice/replies on such a scenario he should be more forthcoming. Crap in/crap out kinda thing

[GQBlues]

Here I thought the OP illegally participated in the American Wrestling Association as a minor...Anyway, apparently a couple of members 'know' the OP and believe he's 'safe', so I won't even go into that.
 
However, there's more than a couple of very interesting side story to this thread....
 
a) On the presumption that anyone with some past and sketchy rap actually being 'advised' by legal counsel(s) how to circumvent a lawful process of emigrating a (an unsuspecting?) foreign national to live with them, is quite unsettling to say the least.
 
b) The argument about folks openly advising the use of non-IMB social network to make connections with and petition for, to unknown & questionable folks, who would've otherwise been subjected to IMBRA's full disclosure law and such important information to be made available to the beneficiary; becomes irrelevant.
 
c) How easy well-meaning folks on message boards like RWD dispense with advice to folks they really don't know (not saying the OP).

[OlgaH]

My situation was a possible AWA problem, with the biggest concern about the legal semantics of 'convicted' vs. 'adjudicated'.  After discussing my situation with USCIS, I was told that because I was 'adjudicated as a juvenile delinquent' instead of convicted, it does not apply to me.

It is always better to know information from the first hands you will have to deal with  Good luck.

 a) On the presumption that anyone with some past and sketchy rap actually being 'advised' by legal counsel(s) how to circumvent a lawful process of emigrating a (an unsuspecting?) foreign national to live with them, is quite unsettling to say the least.
 

GQBlues , why do you presume "an unsuspecting"? 

[GQBlues]

Not specifically about the OP's case, OlgaH. Generally speaking about unsuspecting women who would not be aware of foreign men's past affairs....criminalities, marital status, etc....during correspondence.
 
As for 'knowing' his past, I would be really hard pressed to believe a sane woman would commit to move to another country knowing full well the man have some raunchy abuse and/or sexual predatory tendencies.

[Wayne]

The IMBRA is not involved when you file an I-130. The old K-3 used the I-129F form, which was changed extensively in the last few years to include all the questions about crimes. The OP would be married already and file the I-130 and take a different path to immigration.  He doesn't need to worry about IMBRA.
 
The IR1 visa still requires the interview at the US Embassy. NVC still does the FBI check on ALL parties. You need to make sure your wife knows everything important about you. Your wife might be asked many questions.
 
Getting married in a third country would be a poor idea. It is better to get married in your woman's country or yours. Less problems with documents. For the immigrant visa, you need to mail to NVC either the original marriage certificate or a copy that is certified by the agency that performed the marriage-NOT A NOTARY!

[OlgaH]

Not specifically about the OP's case, OlgaH. Generally speaking about unsuspecting women who would not be aware of foreign men's past affairs....criminalities, marital status, etc....during correspondence.

Speaking in general a man or a woman with a clear past can be no less dangerous  You know a saying goes: a thief isn't a thief until caught in the act  And unfortunately it is not just during correspondence...

We had a case in our city in Siberia: a wife got to know that her husband was a necrophiliac after 5 years of their family life. And who knows how many husbands even don't suspect that they actually live with "lorena bobbitts" untill a day comes 

As for 'knowing' his past, I would be really hard pressed to believe a sane woman would commit to move to another country knowing full well the man have some raunchy abuse and/or sexual predatory tendencies.

I hope you are talking in general 

[GQBlues]

Speaking in general a man or a woman with a clear past can be no less dangerous  You know a saying goes: a thief isn't a thief until caught in the act  And unfortunately it is not just during correspondence...

Sure, but I thnk it more poignant with one that says..."...once a thief, always a thief..."

We had a case in our city in Siberia: a wife got to know that her husband was a necrophiliac after 5 years of their family life.

LOL. Some men joke about that when describing sex with their wives after 5 years of marriage - vice versa... 
 

And who knows how many husbands even don't suspect that they actually live with "lorena bobbitts" untill a day comes 

No, they don't, although I'm deftly sure no one would ever want to marry Ms. Bobbits knowing full well what she's capable of doing...
 

I hope you are talking in general   

You lost me here, OlgaH.

[OlgaH]

Sure, but I thnk it more poignant with one that says..."...once a thief, always a thief..."

But again you never know until you know that he/she a thief 

And I agree that some people probably repeat their teen escapades after three decades  also depends on the kind of escapade.


 

LOL. Some men joke about that when describing sex with their wives after 5 years of marriage - vice versa... 

  good when it is just a joke... but not a life tragedy for the whole family.
 

No, they don't, although I'm deftly sure no one would ever want to marry Ms. Bobbits knowing full well what she's capable of doing...

 
Of course they wouldn't... but "knowing full well" is not guaranteed 

You lost me here, OlgaH.

I just think all the talks about raunchy abuse and/or sexual predatory tendencies in the OP thread are a public insanity 

[ECOCKS]

...
 
a) On the presumption that anyone with some past and sketchy rap actually being 'advised' by legal counsel(s) how to circumvent a lawful process of emigrating a (an unsuspecting?) foreign national to live with them, is quite unsettling to say the least.
 
b) The argument about folks openly advising the use of non-IMB social network to make connections with and petition for, to unknown & questionable folks, who would've otherwise been subjected to IMBRA's full disclosure law and such important information to be made available to the beneficiary; becomes irrelevant.

...

Both of these were surprising to me as well. I had a conversation in chat with the OP and when i questioned the "legal advice" and advised second opinions he assured me multiple immigration lawyers advised him on this. It never sounded right to me.

Full disclosure of relevant prior criminal history is not only structured by law but is essential for a healthy relationship.

Time after time we keep seeing guys looking for shortcuts in this process. Time after time they disappear after protesting that they are exceptions to the rules and/or we see the train wrecks which follow.

Sometimes there is a valid reason for the safetynet laws which several here and elsewhere find so intrusive.

[GQBlues]

...I just think all the talks about raunchy abuse and/or sexual predatory tendencies in the OP thread are a public insanity   

OIC! Understood. But just to make sure, I did specifically said I've taken the OP out of context, but agree with you that maybe any 'other' discussion within the thread is likely less kosher and is better served on a different one.