IMBRA mandates that if a petitioner has a record of certain violent or sexual crimes, they are immediately disqualified from petitioning for a fiance visa. Exceptions to these statutes require a waiver. Waivers are often denied.
IMBRA provides that a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) or alien spouse (K-3) must submit with his or her Form I-129F information on any criminal convictions of the petitioner for any of the following “specified crimes”:
- Domestic violence
- Sexual assault
- Child abuse and neglect
- Dating violence
- Elder abuse
- Stalking
- Homicide/murder/manslaughter
- Rape
- Crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions and where such crimes did not arise from a single act.
- Abusive sexual contact
- Sexual exploitation
- Incest
- Torture
- Trafficking
- Peonage
- Holding hostage
- Involuntary servitude
- Slave trade
- False imprisonment
- Kidnapping/abduction/unlawful criminal restraint Records must be provided, 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.
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