Astoria08

The only time the IMBRA requirements are used to deny a petition is if the petitioner has a conviction which falls under the IMBRA, and they are also asking for a waiver of the multiple filing limitations. They may deny the petition, in that case. If this is your first I-129F petition then they won't deny it because you have a conviction which falls under the IMBRA. They just require the records so that they can be given to your fiancee.

This was also our understanding before, and why we didn't send a waiver with our petition. Our petition was denied. My fiancé has, in the past, been convicted of 4 DUI's and 1 drug possession, but since our K1 petition was his first, we believed we didn't need to submit a waiver. We were wrong, apparently. The denial letter stated that his multiple convictions have made him ineligible to petition for an I-129f for me, and we didn't give them any reason to waive ineligibility, so they couldn't approve the petition. We are still confused, to this day, but have decided to move on. We are getting married in my country and will file a CR1 instead. We've gone over form I-130, and nowhere is IMBRA mentioned in it, so they shouldn't be able to deny an I-130 petition, not based on his convictions, at least.

To JanRo08, my advice, based on experience, is to send a waiver with your petition. Maybe it's not necessary in your case, but it wouldn't hurt.

Also if a petitioner is denied the best recourse is Court where more and more cases are being heard and the court is siding with the petitioner and applicant.

is this true for us? we are not affected by AWA, but by the specified crimes listed under IMBRA. so do you think that if we file an appeal instead of filing a new petition, we'll have a good chance of winning the appeal? the concern we have about taking that route is the indefinite amount of time we may have to wait to get a decision. even if the outcome is an approval of the appeal, it may take years. that's why we think the I-130 route is the best to take. what do you think? thanks for replying.

IMBRA has no effect on the I-130 and does not make a petitioner ineligible like AW does....

thanks, it's good to know that IMBRA will not have an effect should we decide to file an I-130.

oh sorry to hear that...

hope someone can give u a good advice on what to do with ur case..

thanks for the kind words. it was quite a disappointment, and the past couple of weeks have been hard, with us having to come to terms with the denial. but we're not backing down. we NEED to be together.

IMBRA has no effect on the I-130

and that means the drug conviction and DUI's will not have any effect on the I-130, right? which means we can go ahead and file the I-130 petition, and they won't deny it, at least not based on those convictions? we want to cover any issues that may arise, so that this time, there will NOT be a denial. thanks!

originally posted this under IR1/CR1 because that's the path we're planning to take now, but realized it should have been posted under K1 IMBRA special topics.

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 the petitioner is now clean and poses no threat to the beneficiary. 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? or can we do this without one?

would really like to get concrete answers, please. we're at our wits' end, and really desperate to be physically together permanently and live as husband and wife. thanks.

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!

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.

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.

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?