What documentation pertaining to criminal history should be included with an I-129F

[Howard 0]

I am preparing to file an I-129F for a K1 visa for my fiance.

I have 3 questions about part C question 2.

I have been convicted of:

- possession of marijuana

- trespassing

and

- a second possession of marijuana charge and a DUI at the same time (2 separate charges, though)

I have already acquired my criminal record from the local police department which lists all of these charges.

The criminal record states on it that this record only lists crimes from the city of my residence, and that crimes outside this city will only show up in a statewide, or nationwide criminal record (The nationwide record coming from the FBI)

1. Will the city wide record be sufficient, as it lists all of the crimes I have ever been charged with (I was convicted of all of them) or should I obtain a criminal record from the FBI that will confirm that these crimes are the only crimes I have been charged with in the entirety of the United States?

I am waiting on obtaining copies of the final dispositions of these cases from the court.

2. Will I also need to provide records of my having completed the sentences the court gave me?

- Receipts of fines being paid?

- Records of my completing the Rehab program?

- Record of my satisfactorily meeting the probation requirements?

Also I am unsure if I should try to obtain paperwork for the time I spent in jail.

I was sentenced to one weekend in Jail (2 days), and I also spent a night in jail when I was initially arrested for the DUI.

3. Is paperwork documenting the time I spent in jail relevant, and necessary?

[evli1966 88]

I suggest am attorney be hired to do the submittal and to guide your through the process.

My attorney had me gather all information pertaining to my case to submit.

My case was just sent to Vermont and it has only been 11 months.

I expect the interview to be scheduled soon this interview will be scheduled for me and my fiancé this is to see if I am a risk to her and if she is aware of the criminal history.

I then expect a request for evidence which my attorney has planned that I turn in Affidavits from family, friends, coworkers and my leaders at work.

I only hope we are not waiting another year or more.

[baileysponge 0]

Thanks for your reply, we really can't afford a lawyer to do this for us, so we are trying to do it the best we can ourselves...

This was the information i was able to dig up on this subject, of what is required for us to submit:

Certified copy of each court record and any prison record,

Court records should include:

Complete information regarding the circumstance surrounding the crime

of which the applicant was convicted

The disposition of the case, including sentence or other penalty or

fine imposed

ORIGINALS NOT Photocopies

So we really just want to make sure that what we have is what they're asking for...

Does he have to include the evidence of a sentence being completed? (as in receipts from the fine, etc). It says above that the paperwork should show WHAT the disposition was, do we include the evidence that it was carried through and honored?

He was placed into jail for a weekend as part of the DUI - the Police records he's obtaining have all the information required from above, but does he need anything from the jail showing he spent one weekend there, if this isn't reflected on the court record?

and

Does the record have to be nationwide, or is going through his local office fine as that's where charges have taken place?

[Howard 0]

I'm obtaining the final dispositions of my cases from the courthouse. I was just called today to be notified that they're ready, I will have to wait until Monday to pick them up. I believe the final disposition will only state my being found guilty and what my sentence was.

I don't know, until I see it, if it will say anything about my having completed the sentences.

I doubt that it will have information about the circumstances of the cases, but again I won't really know until I see it.

I imagine that I will need to find other paperwork for this, which I believe will be rather difficult. When I went to the courthouse and asked for the paperwork they said "Oh you want the final dispositions?" and I said "Yes, but I also want all other paperwork pertaining to the case." and I was told there wouldn't be any paperwork for the cases besides the final dispositions. This may not be accurate, I don't really know, but I'm worried that it will be difficult, or impossible, to obtain papers explaining the circumstances of my charges.

Perhaps a police arrest record?

[baileysponge 0]

Any help would be greatly appreciated..

[Howard 0]

I got the copy of the final disposition for the trespassing case, today. (Final dispositions for my other charges are pending)

It consists of the initial ticket the police officer issued.

On the ticket there are areas that the judge further filled out at the trial including:

- My plea of guilty

- The judge's finding of guilty

- That I waived my right to an attorney

- The fine I was sentenced with.

The initial ticket lists:

- The law I violated

- My personal information

- The place and date of the incident

The two things I think I might need that aren't included here would be:

- A description of the circumstances of the situation (I don't know if any record of this exists)

- Proof that I paid the fine (I believe I can procure this)

Is a description of the circumstances to be expected? Is this something I should make an effort to find?

Edited April 28, 2010 by Howard