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Posted

Ok... I'm from U.S.and fianceeis from Philippines. 7 days ago I sent in the k1 packet. In it i disclosed my criminal convictions. I had an assault with a deadly weapon in 1993. I had a sales of controlled substance in 1997. And in 2005 i had possesion of a firearm. From what i have read and researched none of those offenses are part of the IMBRA list or part of the AWA. I disclosed them anyways just to be safe. Now... 4 days after sending in my k1 i received a letter from the courts informing me that i need to appear in court for a misdameanor threatening charge. Whats crazy is the allegation is over a year old. It was an argument with a mechanic who was paid to work on my vehicle and he never performed services. Anyways... Just wondering what USCIS will do now that they have my packet & will see a new case pending. Anyone heard of this before? Thnx

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

From another thread in this forum, here is a copy/paste of the IMBRA rule. So even if you're convicted of the threatening charge, the fact that this person was not a family member (1), and that it doesn't rise to the level of crime in section (2), and doesn't involve drugs (3), then you're probably okay.

3. What Documents Must You Submit to Comply With IMBRA?

a. If you have ever been convicted of any of the following crimes, submit certified copies of all court and police
records showing the charges and dispositions for every conviction.
You must do so even if your records were sealed
or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no
longer have a record.

(1) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.
The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or
former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of
the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other
person against an adult or youth victim who is protected from that person's acts under the domestic or family
violence laws of the jurisdiction.

(2) 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.

(3) Crimes relating to a controlled substance or alcohol on three or more occasions, where such crimes did not arise
from a single act.

NOTE: If your petition is approved, a copy of your petition, including the information you submit regarding your
criminal convictions, will be provided to the Department of State for dissemination to the beneficiary of your
petition under section 833(a)(5)(A)(ii) of IMBRA. In addition, under section 833(a)(5)(A)(iii) of IMBRA, any
criminal background information pertaining to you that USCIS may discover independently in adjudicating this
petition will also be provided to the Department of State for disclosure to the beneficiary of your petition. You
should also note that under section 833(c ) of IMBRA, the name and contact information of any person who was
granted a protection or restraining order against you, or of any victim of a crime of violence perpetrated by you,
will remain confidential. However, your relationship to such person or victim (e.g., spouse, parent, former spouse)
will be disclosed.

Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

 
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