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Should Arrest Records Be Disclosed or not? (No Convictions)

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My fiance and I are about to submit our K1 Visa Petition to USCIS. We want to ask if my fiance (the petitioner) need to disclosed his arrest records in the past. He had no convictions. The first one was dismissed and the second one he was given "Withheld Adjudication" and served probation which he completed. We know that the USCIS will do a background check on him. Is it necessary to disclosed the arrest records or should we just let them find out on their own since there were only arrest made and no convictions?

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My fiance and I are about to submit our K1 Visa Petition to USCIS. We want to ask if my fiance (the petitioner) need to disclosed his arrest records in the past. He had no convictions. The first one was dismissed and the second one he was given "Withheld Adjudication" and served probation which he completed. We know that the USCIS will do a background check on him. Is it necessary to disclosed the arrest records or should we just let them find out on their own since there were only arrest made and no convictions?

I did not. I simply answered the questions on the forms. They really only care about those on the forms.....

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I did not. I simply answered the questions on the forms. They really only care about those on the forms..

You did not get any RFE? Coz i know they do background checks. My fiance got arrested for sexual battery which was filed by a jilted lover when he was 19 and the girl was 24. The case was dismissed and never went to trial. We are now second guessing if we need to mention this since the case was dismissed and he never had any convictions.

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Violent crimes, domestic abuse, more than 3 DUI's, is the things I remember seeing on there.

If his crimes apply to these areas, always tell USCIS the absolute truth!

Then use your documentation to show how the case played out. It does not sound like bad things he did, .,.,just be careful with this one section, they know everything, about all of us.

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You did not get any RFE? Coz i know they do background checks. My fiance got arrested for sexual battery which was filed by a jilted lover when he was 19 and the girl was 24. The case was dismissed and never went to trial. We are now second guessing if we need to mention this since the case was dismissed and he never had any convictions.

Nope, there's not really on a spot on the form to write up your arrest records. You'd have to make a seperate letter for it. I don't see a reason to do one, he wasn't found guilty of anything.

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Violent crimes, domestic abuse, more than 3 DUI's, is the things I remember seeing on there.

If his crimes apply to these areas, always tell USCIS the absolute truth!

Then use your documentation to show how the case played out. It does not sound like bad things he did, .,.,just be careful with this one section, they know everything, about all of us.

He only got arrested. He never went to trial and the case was dismissed. Should we still have to mention about the arrest since they're only asking about convictions?

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*** Thread moved from K-1 Case Progress subforum to the main K-1 Process forum. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Nope, there's not really on a spot on the form to write up your arrest records. You'd have to make a seperate letter for it. I don't see a reason to do one, he wasn't found guilty of anything.

I agree. But i guess I'm worrying too much? Coz I've heard stories that they got a flat out denial without having the chance of explanation.

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Violent crimes, domestic abuse, more than 3 DUI's, is the things I remember seeing on there.

If his crimes apply to these areas, always tell USCIS the absolute truth!

Then use your documentation to show how the case played out. It does not sound like bad things he did, .,.,just be careful with this one section, they know everything, about all of us.

He only got arrested. He never went to trial and the case was dismissed. Should we still mention the arrest since they're only asking about convictions?

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If you don't mind me asking, were your arrest serious?

One it was absolutely stupid on my part and something I am actually really aganist. DUI, plead to reckless driving. I got pulled over because I turned left into the outside lane of a double lane instead of the insdie one. Blew the exact limit.....had a predetermined ride, but fell through and made a stupid decision. That's the only one. Maybe not serious outcome, but now I don't ever think about driving even if I've had a sip. Most embarrassing thing in my life.

Paid fine and court costs, and had to take classes.

Edited by Shauneg

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You answered my post.

You have not said, what he was arrested for, that is the thing.,.,.,then members can advise more, but we do not know.,.,..,.the circumstances

When he was 19 he was arrested for sexual battery which was filed by the girl he was dating/having consentual sex with at that time. The girl was 24 that time and they got into a fight and the girl decided to get back at him by filing a case against him. He was arrested but the case was dismissed coz they didn't believe the girl's statement and that was it. The second arrest he had was for theft but they didn't have enough evidence so they did not convict him but the gave him a "Withheld Adjudication" which basically means that due to lack of evidence he was not found guilty and therefore cannot be convicted but they still gave him a "punishment". He was on probation and did community service. Which he completed all

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One it was absolutely stupid on my part and something I am actually really aganist. DUI, plead to reckless driving. I got pulled over because I turned left into the outside lane of a double lane instead of the insdie one. Blew the exact limit.....had a predetermined ride, but fell through and made a stupid decision. That's the only one. Maybe not serious outcome, but now I don't ever think about driving even if I've had a sip. Most embarrassing thing in my life.

Paid fine and court costs, and had to take classes.

Yours is not too serious then. I mean it doesn't fall in any category mentioned in the forms. My fiance's case is like this... When he was 19 he was arrested for sexual battery which was filed by the girl he was dating/having consentual sex with at that time. The girl was 24 that time and they got into a fight and the girl decided to get back at him by filing a case against him. He was arrested but the case was dismissed coz they didn't believe the girl's statement and that was it. The second arrest he had was for theft but they didn't have enough evidence so they did not convict him but the gave him a "Withheld Adjudication" which basically means that due to lack of evidence he was not found guilty and therefore cannot be convicted but they still gave him a "punishment". He was on probation and did community service.

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