Jump to content
Miri25

Felon

By Miri25 in K-1 Fiance(e) Visa Process & Procedures

 Share

7 posts in this topic

Recommended Posts

William33 Veteran

William33   110

Posted
Filed: Lift. Cond. (apr) Country: Indonesia
 Timeline
Posted

Well, the simple answer is, it depends on what the felony conviction was.

If it is an IMBRA related conviction, it will probably cause delays and potentially a denial. Again, it all depends on the conviction.

IMBRA = International Marriage Brokers Act

You can read about it on the site.

Hello!

My fiance has a felony (he is the U.S. citizen). Does anyone know, if that might be a problem?

Thank you!

Miriam

Link to comment
Share on other sites
RosaMystica7 Proficient

RosaMystica7   0

Posted
Timeline
Posted

I think that might be a good thing to discuss with an immigration attorney. Do-it-yourself works for straightforward cases, but a felony in the mix... that can relate to laws and other jumble-jargon that is best suited for people who studied that jumble-jargon in college. :) That's my opinion, anyway... that's a kinda thing that I personally would want to run past a lawyer. ;)

8/10/08:

---seperated---

K-1 highlights (more details in profile):

11/24/06: NOA1 (Day 3)

12/19/06: NOA2 (Day 28)

2/28/07: Interview: approved! (Day 99)

4/15/07: Married, in a noreaster (Day 146)

AOS highlights (more details in profile, too):

6/20/07: AOS, EAD, and AP mailed

6/26/07: NOA1 (Day 6)

7/14/07: Biometrics (Day 24)

7/23/07: Recieved AOS RFE (dated 7/17) for W-2s, mailed them out the next day (Day 33)

7/27/07: RFE response received, processing resumed (Day 37)

8/14/07: AOS transferred to CSC (Day 45)

8/21/07: CSC received/is processing AOS (Day 52)

8/29/07: Welcome notice mailed! (Day 60)

8/31/07: Card production ordered! (Day 62)

9/11/07: Greencard in hand! (Day 73)

Note to self: lifting of conditions: May 25th, 2009

Link to comment
Share on other sites
PachucoBro Explorer

PachucoBro   3

Posted
Filed: Country: Colombia
 Timeline
Posted
Hello!

My fiance has a felony (he is the U.S. citizen). Does anyone know, if that might be a problem?

Thank you!

Miriam

I would not worry about a conviction in itself. As some people in the past have said. It is important to know what the conviction was for. Was it anything to do with physical violence? Sexual in nature? Anything like what is specifically mentioned within the IMBRA lawyer jargon. Then definitely get a lawyer to help with questions for sure.

I myself have a felony conviction from about 8 years ago. It has not impeded anythign that I have done with work which includes entering public and low security sections of a High Explosive and Nuclear Storage Facility for the Department of Energy and Department of Defense. I am also able to enter public schools to turn a wrench with kids around and no supervision. Heh... If it hasn't stopped any of those things I seriously doubt it will impede the Visa process.

By the way the actual deed was a theft that carried a maximum sentence of 12 years. I did 4 months and the opportunity to get the conviction off my record after 2 years. I just got lazy and saw no need.

Link to comment
Share on other sites
simple_male Experienced

simple_male   1

Posted
Filed: IR-1/CR-1 Visa Country: Bangladesh
 Timeline
Posted

Well, the simple answer is, it depends on what the felony conviction was.

If it is an IMBRA related conviction, it will probably cause delays and potentially a denial. Again, it all depends on the conviction.

IMBRA = International Marriage Brokers Act

You can read about it on the site.

Hello!

My fiance has a felony (he is the U.S. citizen). Does anyone know, if that might be a problem?

Thank you!

Miriam

Yes, if it is an IMBRA related conviction, then it can cause delays. Again, it all depends on the convictions. BUT, it does not mean a denial. The law allows the consular officer to share the petitioner's convictions and criminal histories with the beneficiary, if the CO thinks it is necessary to share them. Of course, if someone has convictions after convictions, it will definitely be a concern and the petition can be denied, if it is a grave concern to USCIS and DOS. But if someone has only one conviction, I don't think they can deny the petition, although it can lead to extra checking and some delays. If someone has a conviction, then he/she should disclose it to the USCIS when filing the I-129F.

I-130 Timeline with USCIS:

It took 92 days for I-130 to get approved from the filing date

NVC Process of I-130:

It took 78 days to complete the NVC process

Interview Process at The U.S. Embassy

Interview took 223 days from the I-130 filing date. Immigrant Visa was issued right after the interview

Link to comment
Share on other sites
AndyMisiu Proficient

AndyMisiu   0

Posted
Filed: K-1 Visa Country: Poland
 Timeline
Posted (edited)

you must simply provide certified court & police reports showing charges and disposition for every such conviction listed on the Petition. You might want to write a letter explaining the definitions of terms used in your disposition such as The nature of your conviction, why is this against the law, probation, etc.. I addressed two letters, one to whom it may concern and one to my fiancee. They want to make sure that your fiancee understands the nature of your crime and what happened. The purpose of IMBRA is to inform the beneficiary of such crimes. make sure your fiancee understands your convictions as questions could be asked in an interview.

You only have to worry about this if your crime is listed on the petition.

Did you meet through an International Marriage Broker? if so you may be required to disclose additional information not listed on the petition. Read the link on this thread to generate your own opinion http://www.visajourney.com/forums/index.php?showtopic=24439

Remember that we are not lawyers, and no one really knows how IMBRA will effect petitions from this point on. A conviction for a first time petitoner is not grounds for denial. There is a buz on this site that seems to think that a conviction along with multiple petitions is grounds for a denial. I beleive there is some truth to that. I think it's a good idea to read the link on the above thread.

Edited by AndyMisiu

06/30/06- sent I-129F petition to VSC.

07/11/06- NOA1 (received in mail)

07/19/06- RFE received in mail, IMBRA

07/28/06- e-mail, IMBRA RFE received at VSC

09/11/06- called VSC, told I'm with an adjudicating officer

09/25/06- called VSC, told to file expedited service, outside 60 days of RFE received date

09/26/06- sent expedited service request to VSC via fax and snail mail

09/26/06- Senators and Congressman making inquiries into my petition

09/29/06- expedited service request approved by VSC director

10/04/06- e-mail NOA2 approved!!!!!!

10/05/06- NVC received

10/06/06- NVC forwarded to Poland Embassy

10/16/06- Packet #3 received

10/17/06- Packet #3 sent to US Embassy Warsaw

10/30/06- Packet #4 received

10/30/06- Interview scheduled for November 22nd!!!

11/30/06- Visa in hand, via DHL!!!!

12/05/06- Ania and I arrive together in the USA

02/11/07- Ania applied for Social Security Card

02/17/07- Ania and I were MARRIED!!!!!!

07/24/07- Social Security Card in hand- after some minor issues and a little procrastination :)

10/14/07- I-485, I-765, and permission to travel mailed to USCIS

10/17/07- Received NOA1

12/17/07- I-485 shipped to California Service Center for faster service

12/17/07- I-765 approved new card should be mailed within 30 days, Advanced parole approved

02/28/08- AOS APPROVED!!!! PERMANENT RESIDENT CARD RECEIVED!!!!! (card received couple weeks after approval)

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...