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Filed: AOS (apr) Country: Russia
Timeline
Posted

Hi,

I have had two Violations (not misdemeanors or Felonies) Do I have to report these on the criminal history portion of my I-129F form?

K-1,VSC, Moscow Consulate

I-129F sent:2009-06-04

NOA1: 2009-06-09

NOA2: 2009-09-16

NVC Received: 2009-09-17

NVC Left: 2009-09-22

Consulate Received: 2009-09-25

Medical: IOM, Moscow, 2009-12-07

Interview: 2009-12-08

Visa Received: 2009-12-14

Arrival to USA: 2010-01-15

Marriage: 2010-03-27

AOS, EAD, AP

CIS Office: Charleston, SC

Filed AOS Package: 2010-05-26

NOA: 2010-06-04

Bio Appt: 2010-07-09

AOS Transfer to CSC: 2010-06-30

EAD Card Production Order: 2010-08-04

AP Received: 2010-08-09

ROC

I-751 sent: 2012-7-11

NOA-1: 2012-8-1

Bio-Appointment: 2012-9-19

Posted

Did any of them match Part C. Question 2 descriptions?

If not, no, you don't need to report them.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: AOS (apr) Country: Russia
Timeline
Posted

To clarify my question does a Violation constitute a "Crime" to the federal government?

K-1,VSC, Moscow Consulate

I-129F sent:2009-06-04

NOA1: 2009-06-09

NOA2: 2009-09-16

NVC Received: 2009-09-17

NVC Left: 2009-09-22

Consulate Received: 2009-09-25

Medical: IOM, Moscow, 2009-12-07

Interview: 2009-12-08

Visa Received: 2009-12-14

Arrival to USA: 2010-01-15

Marriage: 2010-03-27

AOS, EAD, AP

CIS Office: Charleston, SC

Filed AOS Package: 2010-05-26

NOA: 2010-06-04

Bio Appt: 2010-07-09

AOS Transfer to CSC: 2010-06-30

EAD Card Production Order: 2010-08-04

AP Received: 2010-08-09

ROC

I-751 sent: 2012-7-11

NOA-1: 2012-8-1

Bio-Appointment: 2012-9-19

Posted
To clarify my question does a Violation constitute a "Crime" to the federal government?

I would say you really need to check with your state the violation occured.

Some states treat them as crimes, some do not, depending on their laws.

For example, Hawaii has this on their legal code:

An offense defined by this Code or by any other statute of this State constitutes a violation if it is so designated in this Code or in the law defining the offense or if no other sentence than a fine, or fine and forfeiture or other civil penalty, is authorized upon conviction or if it is defined by a statute other than this Code which provides that the offense shall not constitute a crime. A violation does not constitute a crime, and conviction of a violation shall not give rise to any civil disability based on conviction of a criminal offense.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: AOS (apr) Country: Russia
Timeline
Posted

Basically, I got caught once with less then a gram of marijuana (Stupid I know) In NY, I wasn't arrested I was just given what is called a "UPM" (Unlawful Possession of Marijuana which in NYS is a violation I was not handcuffed or booked, It was my first and last offense and I had to pay a $90 dollar fine. The other violation was that I had an open container at Shea stadium while tail gating before a Mets game in the parking lot (Apparently the police officer told me I would have not gotten a ticket if I had the beer in a red cup like the group next to me, and was he was also too lazy to write a ticket for my friend that didn't have his ID on him... but that's beside the point.) Again, I was not handcuffed or booked just a summons to appear in court. Problem is I live in Charleston, SC. Now, I guess if anything I only have 2 strikes against me and from what I have read it says only to state if you have three or more convictions. But still I worry, I don't want something as stupid as a "Open Container" fine to stop my Fiancee from getting here. Am I just worrying too much or do you think there is a real reason for concern? Thank you Bobby_Umit for your impute, I appreciate you taking the time to entertain my questions.

K-1,VSC, Moscow Consulate

I-129F sent:2009-06-04

NOA1: 2009-06-09

NOA2: 2009-09-16

NVC Received: 2009-09-17

NVC Left: 2009-09-22

Consulate Received: 2009-09-25

Medical: IOM, Moscow, 2009-12-07

Interview: 2009-12-08

Visa Received: 2009-12-14

Arrival to USA: 2010-01-15

Marriage: 2010-03-27

AOS, EAD, AP

CIS Office: Charleston, SC

Filed AOS Package: 2010-05-26

NOA: 2010-06-04

Bio Appt: 2010-07-09

AOS Transfer to CSC: 2010-06-30

EAD Card Production Order: 2010-08-04

AP Received: 2010-08-09

ROC

I-751 sent: 2012-7-11

NOA-1: 2012-8-1

Bio-Appointment: 2012-9-19

Posted

I would say you could answer it "no" - as you don't meet the 3 conviction guideline.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
Basically, I got caught once with less then a gram of marijuana (Stupid I know) In NY, I wasn't arrested I was just given what is called a "UPM" (Unlawful Possession of Marijuana which in NYS is a violation I was not handcuffed or booked, It was my first and last offense and I had to pay a $90 dollar fine. The other violation was that I had an open container at Shea stadium while tail gating before a Mets game in the parking lot (Apparently the police officer told me I would have not gotten a ticket if I had the beer in a red cup like the group next to me, and was he was also too lazy to write a ticket for my friend that didn't have his ID on him... but that's beside the point.) Again, I was not handcuffed or booked just a summons to appear in court. Problem is I live in Charleston, SC. Now, I guess if anything I only have 2 strikes against me and from what I have read it says only to state if you have three or more convictions. But still I worry, I don't want something as stupid as a "Open Container" fine to stop my Fiancee from getting here. Am I just worrying too much or do you think there is a real reason for concern? Thank you Bobby_Umit for your impute, I appreciate you taking the time to entertain my questions.

You are worrying too much. The I-129f asks about specific crimes, if you have not been convicted of those crimes, the correct answer is "no". The violations you mention will not disqualify you for sponsoring a K-1. They will, however, do a background check and any violations or crimes on your record will be reported to your fiancee at the interview. They are abliged to inform her of this, so if you haven't told her, now would be a good time. They even report drunk driving charges to the fiancees.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: AOS (apr) Country: Russia
Timeline
Posted

Thanks Everyone that posted!

hahaha yes my fiance knows all, I don't think I would have asked her to marry me if I couldn't have open dialogue about me making some less than intelligent choices in my life, but she understands that I'm a knuckle head. I do worry too much, I just read all of these horror stories in some of the forums and then get a lot of anxiety. I (just like everyone here) just want to be with the person whom I love the most. I would never forgive myself if I did something that stopped us from starting our lives in America together (plus my Russian sucks). Thank you all for your help, You have given me peace of mind. Not to get fruity but I do believe when you do good things for other it comes back to you. Thank you. And I hope that you all are reunited in the near future with your loved ones. Best of luck.

Chris

K-1,VSC, Moscow Consulate

I-129F sent:2009-06-04

NOA1: 2009-06-09

NOA2: 2009-09-16

NVC Received: 2009-09-17

NVC Left: 2009-09-22

Consulate Received: 2009-09-25

Medical: IOM, Moscow, 2009-12-07

Interview: 2009-12-08

Visa Received: 2009-12-14

Arrival to USA: 2010-01-15

Marriage: 2010-03-27

AOS, EAD, AP

CIS Office: Charleston, SC

Filed AOS Package: 2010-05-26

NOA: 2010-06-04

Bio Appt: 2010-07-09

AOS Transfer to CSC: 2010-06-30

EAD Card Production Order: 2010-08-04

AP Received: 2010-08-09

ROC

I-751 sent: 2012-7-11

NOA-1: 2012-8-1

Bio-Appointment: 2012-9-19

Filed: AOS (pnd) Country: Philippines
Timeline
Posted
Thanks Everyone that posted!

hahaha yes my fiance knows all, I don't think I would have asked her to marry me if I couldn't have open dialogue about me making some less than intelligent choices in my life, but she understands that I'm a knuckle head. I do worry too much, I just read all of these horror stories in some of the forums and then get a lot of anxiety. I (just like everyone here) just want to be with the person whom I love the most. I would never forgive myself if I did something that stopped us from starting our lives in America together (plus my Russian sucks). Thank you all for your help, You have given me peace of mind. Not to get fruity but I do believe when you do good things for other it comes back to you. Thank you. And I hope that you all are reunited in the near future with your loved ones. Best of luck.

Chris

Just be careful might not hurt to check your 'official' record in NY and best of luck.

01-June-2010 I-129F Filed CSC Finally!!!!! After almost three years and 1 baby! Its a great day!

08-June-2010 NOA1

11-June-2010 'touched'

25-October-2010 NOA2

01-November-2010 NVC Received

03-November-2010 Placed into AP at NVC : (

18-November-2010 Case Sent to Manila 18 days in AP..not too bad!

6-7 December- 2010 Medical at SLCC...PASSED!Thank you Lord!

20-December-2010 Interview, USEM VISA APPROVED!

3-Jan-2011, Visa received

12-Jan-2011, POE SEATTLE WASHINGTON USA

11-Feb-2011, Married in Minneapolis MN : )

 
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