US K1 Visa K1 Visa Process – Fiancee Visa Process – USCIS Processing Times – Adjustment of Status

International Marriage Broker Regulation Act of 2005

The law we know as IMBRA, or the IMBRA LAW was passed by congress in the year 2005, and then it was made law by signature of the President on January 5, 2006.

IMBRA specifically goes after US citizens with different types of situations as spousal abuse, drug or alcohol related convictions, and several other types of criminal convictions. In addition, it can target foreign spouses and or fiancees who have criminal convictions as well.

Before you file any type of marriage, or fiancée visa, you should inquire with your potential marriage partner if they have any criminal convictions that could result in denial of a visa. Many people do not do this in advance, and then they are hit with hard facts and disappointment when the visa application is reviewed.

The law, under IMBRA, can prohibit the issuance of a fiancée visa, or I-129F K1 visa without obtaining an approved waiver in two sets of circumstances:

1. A U.S. citizen petitioner with a criminal conviction for a specified crime, and

2. A U.S. petitioner who has previously filed K1 visa petitions or had a K1 visa petition approved within the previous two years.

Violence and other various convictions involving drug or alchohol related offenses can also fall under the umbrella of IMBRA.

If you feel that you may have issues that can impede your ability to obtain a visa based on the IMBRA law, it is advisable to do extensive research to gather more information on whether or not you will be successful in your attempt to bring your love interest to the USA. If you still are not completely sure that you can be approved, you should seek the advice of a qualified immigration attorney who can let you know beyond a doubt that you can be successful.

If you have in the past filed for two or more fiancée visa petitions, of if you had an approved fiancée visa petition within two years of filing your most recent fiancée visa petition, you must obtain a waiver from USCIS in order for your application to be approved.

If you have filed two or more K1 visa petitions at any time in the past, or previously had a K1 visa petition approved within two years prior to the filing of the current petition, a waiver must be obtained before your K1 petition can be approved.

It will be wise for anyone to do some extensive IMBRA research if they feel that there is any chance that any prior criminal convictions they may have can result in a denied visa application.

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