I-129f denied, is I-130 an option?

[Astoria08 0]

k1 petition was denied because of IMBRA. usc petitioner had 1 drug and 3 dui convictions several years ago. yes, the beneficiary is aware of the criminal history, right from the start. we didn't know that a waiver would be required since we didn't think they were violent offenses because there were no victims. but the denial letter stated that we needed a waiver for the criminal offenses because they were deemed violent offenses, and we didn't have one. had we known, we would have sent one, along with evidence that petitioner is now clean. we have decided to go the I-130 route, to get a CR1 visa. it is our understanding that only Adam Walsh Act offenders are prohibited from filing an I-130 petition, unless there is a waiver. is this true? we would like to get it right this time. we just want to be together, and the distance and waiting are taking a toll on us. we don't want another denial. thank you so much for any input. another question is, should we get a lawyer?

[Samoray 165]

k1 petition was denied because of IMBRA. usc petitioner had 1 drug and 3 dui convictions several years ago. yes, the beneficiary is aware of the criminal history, right from the start. we didn't know that a waiver would be required since we didn't think they were violent offenses because there were no victims. but the denial letter stated that we needed a waiver for the criminal offenses because they were deemed violent offenses, and we didn't have one. had we known, we would have sent one, along with evidence that petitioner is now clean. we have decided to go the I-130 route, to get a CR1 visa. it is our understanding that only Adam Walsh Act offenders are prohibited from filing an I-130 petition, unless there is a waiver. is this true? we would like to get it right this time. we just want to be together, and the distance and waiting are taking a toll on us. we don't want another denial. thank you so much for any input. another question is, should we get a lawyer?

Hello

Cr1 is for couples that are married

Are u married now ?

[Astoria08 0]

Hello

Cr1 is for couples that are married

Are u married now ?

thanks for responding! that's the plan. we're going to see each other in december, and are now in the process of obtaining a marriage license so we can get married then. it is our understanding that past criminal convictions, unless they fall under AWA, will not affect an I-130 petition. is this true? we've looked at the I-130 and they don't even ask about a petitioner's criminal history there. we don't want another denial. if we had known, we would have gone the I-130 route from the very beginning.

[Astoria08 0]

would like to add that after we got the denial, we considered filing an appeal. but most say, on this site and on other immigration sites, that an appeal would be futile, and refiling a K1 petition or filing a CR1 would be better. how true is this? please give us advice. do we appeal? do we refile, but this time with a waiver for the past criminal offenses? or should we just file an I-130 for a CR1? we think that last option would be the best, but we'd still like to hear what others think.

[Samoray 165]

would like to add that after we got the denial, we considered filing an appeal. but most say, on this site and on other immigration sites, that an appeal would be futile, and refiling a K1 petition or filing a CR1 would be better. how true is this? please give us advice. do we appeal? do we refile, but this time with a waiver for the past criminal offenses? or should we just file an I-130 for a CR1? we think that last option would be the best, but we'd still like to hear what others think.

It does not matter what kind of visa you want to apply for the next time whether it's CR1 or another k1, it all depends on the reason they denied your first one which is because of his drug and dui convictions, so until you solve these two issues you are risking another denial.

I would suggest you consult with an EXPERIENCED Immigration Attorney, he will give you the legal advice about the eligibility of your fiance (to be husband) to file for a visa.

Good Luck

[Samoray 165]

Here is the sponsor( petitioner ) requirements to apply for a visa

The sponsor has not been CONVICTED by a court of law (civil or criminal) or court marshaled by a military tribunal for any of the following crimes, even if the records were sealed or otherwise cleared or if anyone, including a judge, law

enforcement officer, or attorney, advised he no longer has a record.

Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse or stalking.

or

Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment or

an attempt to commit any of these crimes,

or

Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act.

[Astoria08 0]

Here is the sponsor( petitioner ) requirements to apply for a visa

The sponsor has not been CONVICTED by a court of law (civil or criminal) or court marshaled by a military tribunal for any of the following crimes, even if the records were sealed or otherwise cleared or if anyone, including a judge, law

enforcement officer, or attorney, advised he no longer has a record.

Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse or stalking.

or

Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment or

an attempt to commit any of these crimes,

or

Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act.

but doesn't that apply to just the I-129f, for a k1? we know that's part of IMBRA, and when we answered the I-129f, we were required to tell them about the drug conviction and DUI's. and we did. on the I-130 form for the CR1, nothing is asked about the petitioner's criminal history. we've been doing research, and all documents, as well as information on other sites, say I-130 petitions are not covered by IMBRA, and thus, are not affected by any of the offenses listed above. only the AWA can affect I-130 (CR1) petitions. i guess what we are posting here for is confirmation of the information we have gotten. and also to determine if we would need a lawyer this time, or if we can do it ourselves. thanks again!

[mrs.T 1]

I don't understand why do you want to apply for K1 if you're going to see eachother in Dec.? You get married and than you file the petition.Which is in fact your best and only option.K1 has been previously denided,right?

Samoray is right, you should seek advice from an attorney. You don't want to risk another denial!

[garmar 0]

k1 petition was denied because of IMBRA. usc petitioner had 1 drug and 3 dui convictions several years ago. yes, the beneficiary is aware of the criminal history, right from the start. we didn't know that a waiver would be required since we didn't think they were violent offenses because there were no victims. but the denial letter stated that we needed a waiver for the criminal offenses because they were deemed violent offenses, and we didn't have one. had we known, we would have sent one, along with evidence that petitioner is now clean. we have decided to go the I-130 route, to get a CR1 visa. it is our understanding that only Adam Walsh Act offenders are prohibited from filing an I-130 petition, unless there is a waiver. is this true? we would like to get it right this time. we just want to be together, and the distance and waiting are taking a toll on us. we don't want another denial. thank you so much for any input. another question is, should we get a lawyer?

[garmar 0]

Was your I-129 denied because he had more than 3 convictions? Or is there some kind of law that states anyone with convictions deemed as violent are not eligible? My understanding is that if you have less than 3 convictions which do not fall under Adam Walsh and are not sexual in nature then you are eligible and should not be denied. Yes I understand that the you have 4 convictions but still your statement about violent crimes puzzles me. Are all of the crimes felonies? Are misdemeanors counted with the same weight as a felony?