My Sordid Past

[PorknBeanz 0]

I am the USC on an I-129f. I understand that every name on the I-129f goes through a security check, and that the visa can be denied for certain crimes the beneficiary may have committed. What is the purpose then of the background check of the USC? Is it only to find out if they are currently in jail and/or wanted for questioning and/or a known terrorist? Seems to me most terrorists nowadays probably avoid the visa process.

I can see that after March 6, when the new law goes into effect, the USC background check is done to warn the beneficiary. But even that law doesn’t have a provision for denying a visa based on the USCs criminal history. Apparently, the USC may have committed murder, but if the beneficiary is OK with that, everything is fine. Weird law. Has anybody ever been denied a visa for crimes the USC may have committed?

And, in case you’re wondering, I’m asking this question because the police and I were well acquainted during the indiscretions of my youth. Thanks.

[Chuckles 0]

I am the USC on an I-129f. I understand that every name on the I-129f goes through a security check, and that the visa can be denied for certain crimes the beneficiary may have committed. What is the purpose then of the background check of the USC? Is it only to find out if they are currently in jail and/or wanted for questioning and/or a known terrorist? Seems to me most terrorists nowadays probably avoid the visa process.

I can see that after March 6, when the new law goes into effect, the USC background check is done to warn the beneficiary. But even that law doesn’t have a provision for denying a visa based on the USCs criminal history. Apparently, the USC may have committed murder, but if the beneficiary is OK with that, everything is fine. Weird law. Has anybody ever been denied a visa for crimes the USC may have committed?

And, in case you’re wondering, I’m asking this question because the police and I were well acquainted during the indiscretions of my youth. Thanks.

I don't know, but logical deduction tells me if you were linked to a terroist organization anyone you tried to get a visa for, K1 or otherwise, would be suspect. And yes, there are people in the USA as citizens the government considers linked to terrorist or crime organizations.

[Jaylen Brit 0]

Its alos to make sure they aren't going to be importing any type of 'crime lord' (they have enough home grown types), or someone who has a suspect background (and might therefore be assumed to be a person who may commit further crimes once inside the USA).

If for example you had a lot of assault or sexual misconduct convictions you might also be someone they wouldn't want to 'import' - ditto any drug trafficking convictions. Its not soley to see if you are a terrorist or have terrorist links.

[PorknBeanz 0]

So if I understand the replies correctly, the background check on the USC is used to make a judgment of whether the USC might aid and abet the beneficiary in future crimes, even if the beneficiary has no criminal background?

I’ve read many things about the beneficiary being denied a visa due to background hits, but I have seen nothing to indicate that the beneficiary can be denied a visa based solely on the USC’s background.

[Jaylen Brit 0]

I guess we'll see but I cant personally see it happening that way - they are more worried about benficiary history - and the USC history seems to be important only if it involves crimes against persons like marital battery/assault history. Its all just speculation as yet tho cos the law hasnt come into being and hasnt been 'test-cased' yet..

[meauxna 15]

I have seen nothing to indicate that the beneficiary can be denied a visa based solely on the USC’s background.

Maybe because a denied petition would never get to the visa application stage?

The only delay I've ever heard about WRT the USC's current namecheck system is if there are any wants or felony warrents out for them. No idea how this new law is going to be implemented.

[Peter Miami 0]

I would agree with the last two posters.

Good luck,

Peter Miami

[PorknBeanz 0]

Maybe I’ll be the first USC on this forum to go through the new IMBRA process with an arrest record. I don’t have any felonies or warrants, but maybe I should change my name from PorknBeanz to GuineaPig

[Porsche911ss 0]

On the upside you enjoy the right - not privledge - to marry whoever, whenever and wherever you want. The burden remains with the beneficiary to prove a bonafide relationship with you. Just prepare yourself to rebound in the event USCIS asserts provisions to make it difficult or lengthy.

If concerned that she will be informed by USCIS of your past run-ins with the law, you always have the forthcoming option of informing her first.

[PorknBeanz 0]

Yes, since I don't see any provision in the law to deny, they'll probably just delay. But heck, seems like lots of people are getting delayed. I've made a commitment, so they're not going to get me to give up the fight.

Early in our relationship I told her about my past run-ins with the law, and she was surisingly OK with it. I think she's seen to many Hollywood movies and thinks all American men have an outlaw mentality.

[lynamon 0]

Yes, since I don't see any provision in the law to deny, they'll probably just delay. But heck, seems like lots of people are getting delayed. I've made a commitment, so they're not going to get me to give up the fight.

Early in our relationship I told her about my past run-ins with the law, and she was surisingly OK with it. I think she's seen to many Hollywood movies and thinks all American men have an outlaw mentality.

I will definitely have to ask you how things go .. my USC in Ohio was not a good boy when he was young (15 years ago) and served some time which taught him a great big lesson in life. We will be filing for a K1 within the next few months ... and I was wondering if that would affect the process.

[PorknBeanz 0]

Well, the visa application was approved today, 3/14/06, after 92 days. I think that's about average for the CSC, so it appears my background did not have any effect on the timeline. Either that, or I was close to the top of the FBI list and it didn't take long to find my history!

[Peggy 1]

Congrats on the approval

[meauxna 15]

Well, the visa application was approved today, 3/14/06, after 92 days. I think that's about average for the CSC, so it appears my background did not have any effect on the timeline. Either that, or I was close to the top of the FBI list and it didn't take long to find my history!

PnB,

To split hairs, and so that you are looking at the right info, it's actually the *petition* that has been approved. The visa application comes next.

[berichka79 0]

Maybe I’ll be the first USC on this forum to go through the new IMBRA process with an arrest record. I don’t have any felonies or warrants, but maybe I should change my name from PorknBeanz to GuineaPig

hey porknbeanz...so, did you submit info on your "sorid past"??? i have a couple dui's and a resisting arrest on my record from 91/93...should i sumbit this info with my i-129f???