Legislation passed both houses in the US which would mak it difficult to file for a K1 visa and having it approved, it still needs to be signed by governor bush to become law. Some key points, a person convicted of an assault offense, abuse, sex crime, (there was several listed) and if you filed 2 K1 visa applications and neither worked out then you would have to wait two from the approval date of your second K1 to file again. I am in favor of this bill, this will cut down on the odd balls who file for K1s and bring a girl to the US and make her life misserable, I know alot of guys are against this but I say it's about time, this may also hurt the agencies as fewer guys would travle here to meet girls, ( I say here meaning Ukraine, I live in Ukraine and own my flat) the bottem line, if you've never been convicted of a violent offence or sex charge, nothing to worry about.
Are you talking about HR 4437 - the recently passed(in the House) immigration bill? If so - there is nocurrent equivalent passed by the Senate - so the bill is in no way ready to be signed by President (not Governor) Bush.
If you are refering to another law please advise.
If you are accurate AT ALL in your description - a bigger concern to me anyway, woud be the event of two failed K1s. Since one already did not work out.
I have no concern abvout people convicted of a crime - violent or sexual - since that does not apply to me.
From what I read, EH-4437 applies to the convictions of the person entering the country. And only for crimes such as Murder, Manslaughter, Rape, and sex crimes with a minor. Sounds like a pretty good plan. There are quite a few good ideas in this legislation, but I didn't see anything that would prohibit someone with a criminal record from getting a K-1... Maybe it needs more fine tuning....?
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SEC. 613. STRENGTHENING DEFINITIONS OF `AGGRAVATED FELONY' AND `CONVICTION'.
(a) In General- Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended--
(1) by amending subparagraph (A) of paragraph (43) to read as follows:
`(A) murder, manslaughter, homicide, rape, or any sexual abuse of a minor, whether or not the minority of the victim is established by evidence contained in the record of conviction or by evidence extrinsic to the record of conviction;'; and
(2) in paragraph (48)(A), by inserting after and below clause (ii) the following:
`Any reversal, vacatur, expungement, or modification to a conviction, sentence, or conviction record that was granted to ameliorate the consequences of the conviction, sentence, or conviction record, or was granted for rehabilitative purposes, or for failure to advise the alien of the immigration consequences of a guilty plea or a determination of guilt, shall have no effect on the immigration consequences resulting from the original conviction. The alien shall have the burden of demonstrating that the reversal, vacatur, expungement, or modification was not granted to ameliorate the consequences of the conviction, sentence, or conviction record, for rehabilitative purposes, or for failure to advise the alien of the immigration consequences of a guilty plea or a determination of guilt.'.
(b) Effective Date- The amendments made by subsection (a) shall apply to any act that occurred before, on, or after the date of the enactment of this Act and shall apply to any matter under the immigration laws pending on, or filed on or after, such date.
et;
Looks like HR-3657 is what you were referring to... Doesn't look like it would keep the average criminal from submitting a K-1.... looks like it's aimed at marriage agencies. Whether it's practical to put the burden on agencies is the question I think. Looks to me like it's aimed at getting rid of marriage agencies with the stiff penalties and "wide-open" terminology that would allow State Attorneys General to file suit against agencies for the actions of their clients. If this passes through, the international dating-game might require a whole lot of background info before getting a profile published........
H.R.3657
International Marriage Broker Regulation Act of 2005 (Introduced in House)
SEC. 2. REGULATION OF INTERNATIONAL MARRIAGE BROKERS.
(a) Prohibition on Marketing Children- An international marriage broker shall not provide any United States client or other person with the personal contact information, photograph, or general information about the background or interests of any individual under the age of 18.
(b) Obligation of International Marriage Broker With Respect to Informed Consent-
(1 ) LIMITATION ON SHARING INFORMATION ABOUT FOREIGN NATIONAL CLIENTS- An international marriage broker shall not provide any United States client or other person with the personal contact information of any foreign national client or other individual 18 years of age or older unless and until the international marriage broker has--
(A) collected certain background information from the United States client or other person to whom the personal contact information would be provided, as specified in subsection (c);
(B) provided a copy of that background information to the foreign national client or other individual in the primary language of that client or individual;
(C) provided to the foreign national client or other individual in such primary language certain information about legal rights and resources available to immigrant victims of domestic violence and other crimes in the United States, developed under section 3;
(D) received from the foreign national client or other individual in such primary language a signed, written consent to release such personal contact information to the specific United States client or other person to whom the personal contact information would be provided; and
(E) informed the United States client or other person from whom background information has been collected that, after filing a petition for a K nonimmigrant visa , the United States client or other person will be subject to a criminal background check.
(2) CONFIDENTIALITY- In fulfilling its obligations under this subsection, an international marriage broker shall not disclose the name or locational information of individuals who were granted a restraining or protection order as described in subparagraph (A) of subsection (c)(2), or of any other victims of crimes as described in subparagraphs (B) through (D) of such subsection, but shall disclose the relationship of the United States client or other person to such individuals or victims.
(c) Obligations of International Marriage Broker With Respect to Mandatory Collection of Information-
(1 ) IN GENERAL- Each international marriage broker shall collect the background information listed in paragraph (2) from each United States client or other person to whom the personal contact information of a foreign national client or any other individual would be provided. The background information must be in writing and signed (which may be in electronic form, such as an electronic signature) by the United States client or other person to whom the personal contact information of a foreign national client or any other individual would be provided.
(2) BACKGROUND INFORMATION- The background information required to be collected with respect to a United States client or other person under paragraph (1 ) includes information about each of the following:
(A) Any court order restricting the client's or person's physical or other contact with, behavior towards, or communication with another person, including any temporary or permanent civil restraining order or protection order.
(B) Any arrest or conviction of the client or person for homicide, murder, manslaughter, assault, battery, domestic violence, rape, sexual assault, abusive sexual contact, sexual exploitation, incest, child abuse or neglect, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, stalking, or any similar activity in violation of Federal, State, or local criminal law.
(C) Any arrest or conviction of the client or person for solely, principally, or incidentally engaging in prostitution; or for any direct or indirect attempts to procure prostitutes or persons for the purpose of prostitution; or any receiving, in whole or in part, of the proceeds of prostitution.
(D) Any arrest or conviction of the client or person for offenses related to controlled substances or alcohol.
(E) Marital history of the client or person, including if the client or individual is currently married, if the client or person has previously been married and how many times, how previous marriages of the client or person were terminated and the date of termination, and if the client or person has previously sponsored an alien to whom the client or person was engaged or married.
(F) The ages of any of the client's or person's children under the age of 18.
(G) All States in which the client or person has resided since the age of 18.
Hmmmmm? Interesting, seems like our legislators need something to do. Mind your last post pretty much covers all the requirements needed to acquire a K1 Visa for your fiance. Must have been a slow week in Washington.
I've always maintained that one of the probelms with our democracy is that when we send legislators to Washington, our state capitals, our county seats or even to our city councils, they feel obligated to do SOMETHING - ANYTHING to let the folks back home know that they didn't waste their vote.
REDUCING ridiculous and redundant laws would certainly fit the bill, but there is no glory in that. They need to find some area to throw a new law at - or some untaxed THING to tax.
MAINTAINING the course, while less preferable than reducing the legal burden, would be better than passing some ridiculous law just to let the folks back home know that they've been working.
And then after a while, when it seems that the pet legislation gets old - they find a pork project - usually an unneeded building or facility, which may or maynot be name after them - as a permanent memorial to themselves and the fact that they held elected office.