When or if in the visa process would....

[clayton2103]

On the form I-129F, Petition for Alien Fiance, I will sadly need to insert an "x" in the final box of Part C, Question 3 which concerns alcohol/drug offenses which were committed by myself some 20+ years ago.

 

This has added unwanted supplemental paperwork to this petition and my question to you is;

 

When, or if in the visa process would I receive a notice of rejection of my petition? USCIS? Before NOA 1 or NOA 2? Or, further down the line?

 

Anyone know or have any ideas or thoughts on this?

 

My SO is fully aware of my blemished past and this is not nor will become an issue with her. My concern is which agency, as there are many, might find reason to reject my petition?

 

I travel to Nanning soon. I depart Nashville on December 28th and plan to file for the K-1 visa upon return.

 

Thanks for any information, thoughts or comments on this issue I am soon to face.

 

Clayton

[lostinblue]

On the form I-129F, Petition for Alien Fiance, I will sadly need to insert an "x" in the final box of Part C, Question 3 which concerns alcohol/drug offenses which were committed by myself some 20+ years ago.

 

This has added unwanted supplemental paperwork to this petition and my question to you is;

 

When, or if in the visa process would I receive a notice of rejection of my petition? USCIS? Before NOA 1 or NOA 2? Or, further down the line?

 

Anyone know or have any ideas or thoughts on this?

 

My SO is fully aware of my blemished past and this is not nor will become an issue with her. My concern is which agency, as there are many, might find reason to reject my petition?

 

I travel to Nanning soon. I depart Nashville on December 28th and plan to file for the K-1 visa upon return.

 

Thanks for any information, thoughts or comments on this issue I am soon to face.

 

Clayton

I have read where fiance was made aware of this fact at interview time and it has not had a lot of bearing on case. Just as long as she was made aware of it in advance.

Here is a lot of reading on subject

http://www.visajourney.com/forums/index.php?showforum=126

[Zhen's Tiger]

On the form I-129F, Petition for Alien Fiance, I will sadly need to insert an "x" in the final box of Part C, Question 3 which concerns alcohol/drug offenses which were committed by myself some 20+ years ago.

 

This has added unwanted supplemental paperwork to this petition and my question to you is;

 

When, or if in the visa process would I receive a notice of rejection of my petition? USCIS? Before NOA 1 or NOA 2? Or, further down the line?

 

Anyone know or have any ideas or thoughts on this?

 

My SO is fully aware of my blemished past and this is not nor will become an issue with her. My concern is which agency, as there are many, might find reason to reject my petition?

 

I travel to Nanning soon. I depart Nashville on December 28th and plan to file for the K-1 visa upon return.

 

Thanks for any information, thoughts or comments on this issue I am soon to face.

 

Clayton

 

I'm not exactly sure as this IMBRA stuff is still new, but I don't believe checking yes to that answer guarantees a rejection. Rather, I think if it is checked, they disclose the offending information the your Fiance/Spouse prior to her Interview so she can be aware of your past in advance. Someone please correct me if I am wrong.

 

 

 

It stinks that something you did 20 years ago can still give you problems though, but I do undertsand. Good Luck!!

[david_dawei]

Petition approval resides solely with USCIS... so if there are grounds for rejection, it should happen after NOA1. Hopefully, anything that raises their concern will produce an RFE so you can possibly simply submit something they feel is needed, but was not included. Otherwise, it should get an approval.

[clayton2103]

Thanks everyone for your responses.

 

And yes, I do agree it does stink that events long past may now be brought into the open in such a way, but I do understand of this requirement to reveal it and the reasoning behind them asking of it. I do not mind.

 

Just knowing of my additional paperwork that will be included worries and saddens me a bit when I read of the difficulties many here on CFL face during this process even without them.

 

I will certainly expect an RFE prior to my paperwork continuing through the beginning of this process and a longer than average amount of time before my SO is granted our visa, but it is the price I now pay, as they say, when you play. I would have never guessed 20 years ago that this would come to haunt me today.

 

I can only hope, as you all have mentioned, that it may not lead to an outright denial. I'll try to keep my chin up and will be happy to keep my timeline updated as this process carries out.

 

Stay tuned.

 

Thanks again, Clayton

[Randy W]

Someone who's been surfing VJ may no better than me (from cases already on the books), but, if I remember correctly, there is nothing in IMBRA about actually denying petitions. That is, I believe the intent is to simply make sure the beneficiary has the information to be able to judge for his/her self.

 

Of course, the VO has wide discretionary powers for the final visa approval or disapproval.

[LeeFisher3]

The big thing with IMBRA is to identify those who have a record of crimes against people such as child abuse, spouse abuse and other such joyous items.

 

Offenses from 20 years ago with nothing after pretty much makes the issue more a case of younger and dumber, as most of us have been at some point in our lives. I seriously doubt this will do anything more than provide the USCIS a bit of extra reading, but you might provide a cover to the affect that you learned your lesson and have not repeated the mistakes of 20 years ago.

 

As you have said, your SO is aware of it, but it will be more a case of the VO having to check off the box that says that she is aware of it. I believe others have written a simple statement saying they are aware of this information and taken it to the interview to cover their bases.

 

I wouldn't spend too much time worrying about it.

[clayton2103]

Thanks Randy and Lee...

 

I've been following the posts on VJ that have a bit of similarity to the same issue as mine with much interest.

 

Always prefer the positive responses, but yes Randy it can come down to just one persons discretion in this matter at any point in the process and I do understand. This is what tends to worry me. I do keep this in mind.

 

I do have a cover letter prior to the additional required paperwork in the petition explaining just what you mention Lee. I thank you for the tip of my SO adding her words of understanding of my past and how she also realizes that the past is just that, the past, for her to take with her to the interview.

 

I'm always hoping for the best, but expect the worst. Just my nature.

Lee, lol...I would worry even if my past was blemish free! Just par for such a task that lay ahead.

 

Thanks to all for your support.

 

Clayton