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MileHigh

Question regarding arrest & not convicted.

By MileHigh in K-1 Fiance(e) Visa Process & Procedures

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MileHigh Rookie

MileHigh   1

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Ok so I sent in the I-129F and had it returned to me because the I-129F form I had used was outdated and have to fill out the updated I-129F form that they just updated a few months ago as the G-325A is no longer being used. I just have a question regarding the new I-129F form. On the old one it didn't say, but now on this one it's saying if you've EVER been arrested or convicted. Well back in 2006 I was arrested for being in the car with my minor friend at the time who had drugs in his car, so they took us both in, but he later confessed that it was his (I never did any drugs and was unaware) and they ended up letting me go. I never went to court and was never charged with this, although it's still on my record. 

 

I'm just confused as to how to answer this question on the form or which boxes to check. I've included a picture of the section. Please help! Want to get this resubmitted asap. Thank you so much in advanced!

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Yes, with the current I-129F you must disclose the arrest even if you were not convicted. You should provide court documents of the arrest showing that you were not charged.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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MileHigh Rookie

MileHigh   1

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
  • Author
Posted
51 minutes ago, geowrian said:

Yes, with the current I-129F you must disclose the arrest even if you were not convicted. You should provide court documents of the arrest showing that you were not charged.

 

54 minutes ago, Redheadguy03 said:

You need to get a copy of the court record saying you were released and not charged. Were you fingerprinted? If so, you are definitely in the system. 

I already have the court documents for that and never went to court, was never charged with it as my "friend" confessed to it. I'm just not sure as to which boxes to check. Thank you.

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
7 minutes ago, MileHigh said:

I already have the court documents for that and never went to court, was never charged with it as my "friend" confessed to it. I'm just not sure as to which boxes to check. Thank you.

Boxes 2.a-2.c should be "No" (assuming that was your only arrest). Box 4.a would be "Yes" with a short description in 4.b.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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