Jump to content
Sign in to follow this  
MichelleN

RFE'd on Criminal History

12 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Japan
Timeline

I just got an RFE in the mail and I'm a little upset about it. The section that tells you about your criminal history and "check all that apply. Part C, Question 2 of the I-129F. Since I have no criminal history there, I didn't check anything. And there were no text boxes or anything so I just left it as is. I just got sent an RFE for that. I called Customer Service and they said I should have attached a separate piece of paper explaining that I had no criminal convictions and as such that section didn't apply to me. So ridiculous....am I the only one who's had this problem?

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: Thailand
Timeline

I just got an RFE in the mail and I'm a little upset about it. The section that tells you about your criminal history and "check all that apply. Part C, Question 2 of the I-129F. Since I have no criminal history there, I didn't check anything. And there were no text boxes or anything so I just left it as is. I just got sent an RFE for that. I called Customer Service and they said I should have attached a separate piece of paper explaining that I had no criminal convictions and as such that section didn't apply to me. So ridiculous....am I the only one who's had this problem?

Question 3 requires you to check all that apply, not Question 2. Question 2 requires you to check Yes or No. Very simple matter. If you check No for Question 2, skip Question 3. But you cannot leave Question 2 unchecked. It is a legitimate RFE for an important question.


Naturalization N-400

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: India
Timeline

As you will you learn quickly in this process, never leave anything blank on those forms.

Always write N/A or None or Unknown as applicable.


03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Japan
Timeline

Question 3 requires you to check all that apply, not Question 2. Question 2 requires you to check Yes or No. Very simple matter. If you check No for Question 2, skip Question 3. But you cannot leave Question 2 unchecked. It is a legitimate RFE for an important question.

Uhh no, I'm looking at it right now. Question 2 says "Have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for any of the following crimes" And then it lists three options. Domestic violence etc, Homicide etc, or three or more convictions. There is no option for "Yes or No" There is no place to write N/A. It's just those three boxes. It's worded as such that you can either check one of the boxes or do nothing.

Share this post


Link to post
Share on other sites

I just looked at our I 129f and I didn't check anything on either question 2 or 3 on part C. I think someone at USCIS is being pedantic. :bonk:

I suppose I would resubmit the I 129f with the supplemental piece of paper as the cust service rep suggested. I'd be hard pressed not to point out on a cover letter, though, that I didn't check anything initially because those did not apply to me, and that you hope the supplemental sheet is sufficient. (Then again, I tend to be a s*** stirrer so...! LOL)


SA4userbar.jpg

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: Thailand
Timeline

Can you please post the Effective Date and Expiration Date of the I-129F form you are using.

I see the three options you describe and immediately below those three options are a check box Yes and a check box No.

My form is Rev. 7/30/07 and Expires 1/31/2010. There is a newer Revision now at USCIS but it is also the same. You do not see two check boxes below the three Bulleted items of question 2.

Thanks


Naturalization N-400

Share this post


Link to post
Share on other sites

Look again at question 2 - it is a yes or no answer.

If your answer was no then you check nothing in question 3

If you answered yes to question 2, then question 3 applies.

So what did you check for question 2?

If you checked no then there should be no rfe.

If you left question 2 unchecked then you need to correct it as part of the rfe.


6/15/2009 Filed I-129F

12/15/2009 Interview (HCMC, VN)

1/16/2010 POE Detroit

3/31/2010 MARRIED !!!

11/20/2010 Filed I-485

12/23/2010 Biometrics (Buffalo, NY)

12/31/2010 I-485 Transfered to CSC

2/4/2011 Green Card received

1/7/2013 Mailed I-751 package

1/14/2013 I-751 NOA (VSC)

2/07/2013 Biometrics (Buffalo, NY)

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Japan
Timeline

Can you please post the Effective Date and Expiration Date of the I-129F form you are using.

I see the three options you describe and immediately below those three options are a check box Yes and a check box No.

My form is Rev. 7/30/07 and Expires 1/31/2010. There is a newer Revision now at USCIS but it is also the same. You do not see two check boxes below the three Bulleted items of question 2.

Thanks

Mine says Rev. 05/23/06. When you noted the date of yours I wondered how in the world I got an older version. Because I know I downloaded the forms from here and they all link to the USCIS page or at least list the rev date as the one you listed. What looks like happened was I used the form linked to as an 'example' via the K-1 Guide page and just replaced the example info with my own. Guess I didn't notice the dates were off. :\

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: Thailand
Timeline

Mine says Rev. 05/23/06. When you noted the date of yours I wondered how in the world I got an older version. Because I know I downloaded the forms from here and they all link to the USCIS page or at least list the rev date as the one you listed. What looks like happened was I used the form linked to as an 'example' via the K-1 Guide page and just replaced the example info with my own. Guess I didn't notice the dates were off. :\

Try to relax, submit an Additional Sheet I-129F Part C-2 and give your answer a short explanation that you did not see it because of the Revision Number. This will lead to some "fairly short" delay in your processing.


Naturalization N-400

Share this post


Link to post
Share on other sites

Try to relax, submit an Additional Sheet I-129F Part C-2 and give your answer a short explanation that you did not see it because of the Revision Number. This will lead to some "fairly short" delay in your processing.

Agree with Audy_Rob, this is a minor setback and easily fixed. Send in what they are asking for and you will soon be on your way again.

Moving forward always double check the dates of the docs, in some older versions of docs are accepted and some are not - always best to double (or triple) check.


6/15/2009 Filed I-129F

12/15/2009 Interview (HCMC, VN)

1/16/2010 POE Detroit

3/31/2010 MARRIED !!!

11/20/2010 Filed I-485

12/23/2010 Biometrics (Buffalo, NY)

12/31/2010 I-485 Transfered to CSC

2/4/2011 Green Card received

1/7/2013 Mailed I-751 package

1/14/2013 I-751 NOA (VSC)

2/07/2013 Biometrics (Buffalo, NY)

Share this post


Link to post
Share on other sites

I'm actually surprised they allowed that version of the form to be used.

I will make a suggestion to Captain Ewok to update the SAMPLE forms so this doesn't happen again.

Now I won't point fingers at the OP devil.gif - but there is a warning on the SAMPLE forms page not to re-use the SAMPLE forms, just to avoid issues like this. whistling.gif

But you live and learn innocent.gif


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

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: India
Timeline

Always download the latest versions of the forms straight from the official USCIS or State.gov sites. :thumbs:


03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...