Embarassing... have a question re: criminal record

[Tim/Mav 305]

OMG. Go on with your Life. I'm sorry Honey...

Remember, it's not your fault. Thank you for your truthfulness to get answers here. I would suggest for him to see a Attourney (Remember, Couseling is Ordered not Voluntary by the Courts) Then depending on waht the Attourney Says: Ask him to Withdraw the Petition in WRITING so your chances of meeting another are better.

[JimVaPhuong 4,863]

There are two kinds of crimes that the petitioner can be convicted of that would affect a petition. The first are crimes that are covered by the IMBRA. The second are crimes that are covered by the Adam Walsh Act.

IMBRA crimes must be disclosed, and all related court records have to be submitted with the petition. The IMBRA is all about disclosure. If the petitioner and beneficiary met through an International Marriage Broker (an IMB) then the IMB is required to collect this information from the US citizen and disclose it to the foreign beneficiary before they initiate contact between the two. If they didn't meet through an IMB (most people don't) then USCIS will forward the court records to the Department of State, who will forward them to the consulate, who will give them to the beneficiary before they schedule the visa interview. The IMBRA requires the beneficiary to be informed about the petitioner's relevant criminal history before they come to the US. The crimes covered by the IMBRA are described in the I-129F instructions, and are mostly violent crimes and substance abuse crimes. They WON'T deny your petition if you have a conviction for an IMBRA related crime. They just need to inform the beneficiary about it.

Someone convicted of a crime covered by the Adam Walsh Act is not eligible to submit a petition without a waiver. The waivers are tough to get. There's a VJ subforum specifically dealing with AWA waivers. AWA crimes are mostly sex crimes involving a minor.

USCIS requires any relevant conviction to be disclosed, even if the records were sealed, expunged, or otherwise cleared by a judge, magistrate, or other official. FWIW, a judge's order that a record be sealed or expunged does NOT make all records of the crime disappear. Federal law enforcement agencies might still have a record of the crime, and private firms that maintain databases for background checks never clear their files.

[Tim/Mav 305]

There are two kinds of crimes that the petitioner can be convicted of that would affect a petition. The first are crimes that are covered by the IMBRA. The second are crimes that are covered by the Adam Walsh Act.

IMBRA crimes must be disclosed, and all related court records have to be submitted with the petition. The IMBRA is all about disclosure. If the petitioner and beneficiary met through an International Marriage Broker (an IMB) then the IMB is required to collect this information from the US citizen and disclose it to the foreign beneficiary before they initiate contact between the two. If they didn't meet through an IMB (most people don't) then USCIS will forward the court records to the Department of State, who will forward them to the consulate, who will give them to the beneficiary before they schedule the visa interview. The IMBRA requires the beneficiary to be informed about the petitioner's relevant criminal history before they come to the US. The crimes covered by the IMBRA are described in the I-129F instructions, and are mostly violent crimes and substance abuse crimes. They WON'T deny your petition if you have a conviction for an IMBRA related crime. They just need to inform the beneficiary about it.

Someone convicted of a crime covered by the Adam Walsh Act is not eligible to submit a petition without a waiver. The waivers are tough to get. There's a VJ subforum specifically dealing with AWA waivers. AWA crimes are mostly sex crimes involving a minor.

USCIS requires any relevant conviction to be disclosed, even if the records were sealed, expunged, or otherwise cleared by a judge, magistrate, or other official. FWIW, a judge's order that a record be sealed or expunged does NOT make all records of the crime disappear. Federal law enforcement agencies might still have a record of the crime, and private firms that maintain databases for background checks never clear their files.

Kinda what I said: But Jim is Attourney I think? He seems to really study alot. But, Loveblossoms. Your answers are all here. I would suggest you just withdraw unless some Attourney tells you different. Which I Doubt. Go on with your life and find another.

[DAMEDAB 0]

OMG. Go on with your Life. I'm sorry Honey...

Its ok no problem but sorry will not agree to you .. Because I accept everything on him and past is past .. Because I love him so much...

[JimVaPhuong 4,863]

Kinda what I said: But Jim is Attourney I think? He seems to really study alot. But, Loveblossoms. Your answers are all here. I would suggest you just withdraw unless some Attourney tells you different. Which I Doubt. Go on with your life and find another.

Nope, not an attorney. Just obsessive about learning stuff.

[DAMEDAB 0]

We will not give up on this...

[Tim/Mav 305]

Kinda thinking about it? How in the hell did he even get a Passport to go see you with a Conviction of Sexual Abuse against a Minor.

Jump-in there any time Jim.

[JimVaPhuong 4,863]

Kinda thinking about it? How in the hell did he even get a Passport to go see you with a Conviction of Sexual Abuse against a Minor.

Jump-in there any time Jim.

As far as I know, there is no prohibition against a sex offender receiving a passport. The only exception I'm aware of is a law passed in 2008 that prohibits someone convicted of sex tourism from receiving a passport. Of course, there are a host of other prohibitions, like someone with child support arrears, someone on bail facing criminal charges, someone with a substantial tax debt, etc.

[Krikit 1,163]

Posts violating the TOS have been removed. Any further such violations will result in a thread ban. Thank you for your cooperation.

UH OH !! I am worried now because my fiance had a criminal record (sex) last 2003 and we are august filer and still no NOA2 till now do you think it will cause of our not approving the 129F?

You need to be reading/posting in the Special Topics Forum where you will find others in the same type situation.

[Tim/Mav 305]

Posts violating the TOS have been removed. Any further such violations will result in a thread ban. Thank you for your cooperation.

You need to be reading/posting in the Special Topics Forum where you will find others in the same type situation.

[/quote

I'm kinda new here but VJ is for Members to ask questions and sometimes give advice. You highlghted her Comment but I really don't see anything but a honest question on her part. What did she Violate? I read the topic well and was wondering what she said wrong. ? Seemed like a honest question and she was polite with every response. I'm just confused as to where you drew the line? Thanks Tim

[Tim/Mav 305]

Posts violating the TOS have been removed. Any further such violations will result in a thread ban. Thank you for your cooperation.

You need to be reading/posting in the Special Topics Forum where you will find others in the same type situation.

TOS Means: Terms of Service or your agreement with a website or server to conduct yourself in a ethical manner. So Now, we all know what TOS is. I believe it was a ethical topic for a K-1 Application even though I hold my thoughts on a Approval. It was not the OP's fault what lead-up to this but she is forced to ask a question from VJ Members and get a Honest reply. I bet she cried. Then, after that. Krikit... Your post. Enough is enough. You violated the human ethic. The Heart Break. I did'nt think you would reply but I'm sure you will read later. Remember, the Woman in this case who posted, never did anything wrong. The Fiance did not have the guts to ask himself.

[Krikit 1,163]

I'm kinda new here but VJ is for Members to ask questions and sometimes give advice. You highlghted her Comment but I really don't see anything but a honest question on her part. What did she Violate? I read the topic well and was wondering what she said wrong. ? Seemed like a honest question and she was polite with every response. I'm just confused as to where you drew the line? Thanks Tim

You are confused. It was one of your posts and another member's which violated the TOS. Those comments were not directed to her but to you and that other person, and anyone else who may be thinking of making a rude and/or judgemental reply. I quoted that OP to reply directly to her post. My first comment had no quoted post above it.... it was general information.

Edited to add: If someone posts within a 2 or 3 minute window within the same thread, the responses will all appear in that one post without the ability to create a separate post. It is an annoying feature of the site and causes a lot of confusion, just as you are experiencing here.

Edited April 26, 2011 by Krikit

[mike42979 57]

Posts violating the TOS have been removed. Any further such violations will result in a thread ban. Thank you for your cooperation.

You need to be reading/posting in the Special Topics Forum where you will find others in the same type situation.

I object to the thread removal, this is a forum for answers and she asked a legitimate question and as Tim/Mav pointed out she was very respectful the whole time!

[Tim/Mav 305]

You are confused. It was one of your posts and another member's which violated the TOS. Those comments were not directed to her but to you and that other person, and anyone else who may be thinking of making a rude and/or judgemental reply. I quoted that OP to reply directly to her post. My first comment had no quoted post above it.... it was general information.

I see what your saying. Then I apologize. It seems people are not what they seem. I might just delete my VJ Account. I fall for emotions. I noticed VJ is a place for stress and anger and in hopes of someone saying something nice to relieve that anxiety. I guess we all try to help eachother here and can continue.

[Krikit 1,163]

I object to the thread removal, this is a forum for answers and she asked a legitimate question and as Tim/Mav pointed out she was very respectful the whole time!

Again. The questions were not removed. It was yours and Tim/Mav's posts which were removed for being rude, crude, and judgemental. She was respectful. The two of you were not. Now please stop derailing the thread or it will be your last post. Thank you.