Do my own background check?

[Sisyphus 1]

I have been advised by an attorney to do my own background check and include it with the I129f petition. I have no criminal history or charges of any kind. I have one (more 10 years prior) divorce, and a bankruptcy (chap 7, discharged) about ten years back. I don't see in any of the guides that this is to be included with the I129f.

What do you think?

Also His staff recommends that my fiancee include the death certificate of her former husband even though they were divorced at the time of his death.

Huh??

And they want me to send in a copy of her notarial single certificate with the initial package. I see on the OF169 that this is required, with 1 year validity, at the consulate interview.

I don't get it. Anybody?

It seems to me that if we get the single cert now we will have to do it again closer to the interview date.

Edited November 7, 2010 by Sisyphus

[Aztec&Taino 144]

I have been advised by an attorney to do my own background check and include it with the I129f petition. I have no criminal history or charges of any kind. I have one (more 10 years prior) divorce, and a bankruptcy (chap 7, discharged) about ten years back. I don't see in any of the guides that this is to be included with the I129f.

What do you think?

Also His staff recommends that my fiancee include the death certificate of her former husband even though they were divorced at the time of his death.

Huh??

And they want me to send in a copy of her notarial single certificate with the initial package. I see on the OF169 that this is required, with 1 year validity, at the consulate interview.

I don't get it. Anybody?

It seems to me that if we get the single cert now we will have to do it again closer to the interview date.

Does the immigration lawyer you spoke with have any particular expertise with K1 petitions for Chinese benefiaries? If so, his advice may be on target. Still, I would encourage you to establish contact with other members who have completed the process with fiance(e)s from China and see what they think. The petition is clear on what needs to be submitted and other members have said to only send what is needed, but if the lawyer has a particular expertise with Chinese consulates, then he (or she) might know best.

Best wishes!

[Inky 1,110]

You need divorce papers for your and her divorce, you also need the death certificate if she marks him as dead on the papers. You have to list your prior marriages.

[NigeriaorBust 4,087]

You don't have access to all the databases they use for your security check, your lawyer doesn't have access. You may be able to show you are clean on some of them but you are still going to have to clear all of them.

[Gary and Alla 3,694]

I have been advised by an attorney to do my own background check and include it with the I129f petition. I have no criminal history or charges of any kind. I have one (more 10 years prior) divorce, and a bankruptcy (chap 7, discharged) about ten years back. I don't see in any of the guides that this is to be included with the I129f.

What do you think?

Also His staff recommends that my fiancee include the death certificate of her former husband even though they were divorced at the time of his death.

Huh??

And they want me to send in a copy of her notarial single certificate with the initial package. I see on the OF169 that this is required, with 1 year validity, at the consulate interview.

I don't get it. Anybody?

It seems to me that if we get the single cert now we will have to do it again closer to the interview date.

Your attorney has no clue. Fire him and try to get your money back. If he won't give your money back, get your case back because he is going to mess it up.

You cannot do a background check they will accept. USCIS and NVC will do that. No extra charge. It will not benefit you in any way to do a background check yourself.

The death certificate is not needed. Your fiancee's marriage ended in DIVORCE it makes no difference if her former husband is alive or not. She is free to marry. Case closed. My wife was previously married, she was divorced, Her ex-husband is still alive. So what? The ONLY time a death certificate would be required is if that is how her marriage ended, OR if she had a child and needed to show she had full custody of the child. There is no other reason and your attorney's staff really doesn;t care how much running around they make YOU do.

Bankruptcy has nothing to do with this case and never will.

Items needed for the interview are not needed for the petition. She only needs to prove she is free to marry. USCIS accepts her divorce certificate for that purpose. Period.

You need divorce papers for your and her divorce, you also need the death certificate if she marks him as dead on the papers. You have to list your prior marriages.

BNot correct. You only need the death certificate if she states the marriage ended by death. Once divorced, the former husbands life status is irrelevent.

[nab 74]

Inline responses

Your attorney has no clue. Fire him and try to get your money back. maybe he was trying to cover the baes since it is china If he won't give your money back, get your case back because he is going to mess it up.

You cannot do a background check they will accept. USCIS and NVC will do that. No extra charge. It will not benefit you in any way to do a background check yourself. i too had thought about including mine becasue i had just had an FBI and BCI done so anything to speed up the process but i didnt want to confuse them ... i've also dealt with govt workers dont give them anything not on their checklist.

The death certificate is not needed. Your fiancee's marriage ended in DIVORCE it makes no difference if her former husband is alive or not. She is free to marry. Case closed. My wife was previously married, she was divorced, Her ex-husband is still alive. So what? The ONLY time a death certificate would be required is if that is how her marriage ended, OR if she had a child and needed to show she had full custody of the child. the OP doesnt state whether the fiancee has a child or not There is no other reason and your attorney's staff really doesn;t care how much running around they make YOU do.

Bankruptcy has nothing to do with this case and never will. the OP didnt say the attorney wanted this included. i read it as the OP was giving this info to VJ and asking VJers 'does this info need to be included?' i could be wrong (but you gave them their answer

Items needed for the interview are not needed for the petition. She only needs to prove she is free to marry. USCIS accepts her divorce certificate for that purpose. Period.

BNot correct. You only need the death certificate if she states the marriage ended by death. Once divorced, the former husbands life status is irrelevent. and Inky was saying same thing, if on papers she listed him as dead (i.e. marriage ended in death) then death cert would be needed.

are you ok? this process is so stressful i know it is here too!

you know what would be cool? if they gave us a list of WTH they do, let us pull all the records and just send the ####### to them and tehy can just look it over then they can stop dragging their feet!

Edited November 7, 2010 by nab

[Gary and Alla 3,694]

Inline responses

are you ok? this process is so stressful i know it is here too!

you know what would be cool? if they gave us a list of WTH they do, let us pull all the records and just send the ####### to them and tehy can just look it over then they can stop dragging their feet!

They DO give you a list. It is called instructions. They DO just look it over and approve it. It takes about 20 minutes to adjudicate and approve a "clean" petition. Adjudicators typically adjudicate and approve (or send for RFE) 20-24 petions in a typical 10 hour day. Allowinf ror breaks and a lunch, that is about 3 per hour.

The rest of the time you wait your turn because there are hundreds of thosaunds of them per year (they do not only process fiancee visas)

Attorneys that charge money to handle the process should KNOW what is needed. The deatn certificate is not needed. If your attorney is running you around getting papers you do not need...fire him. This is NOT china, this is the petition sent to USCIS.

Edited November 7, 2010 by Gary and Alla

[Sisyphus 1]

Your attorney has no clue. Fire him and try to get your money back. If he won't give your money back, get your case back because he is going to mess it up.

You cannot do a background check they will accept. USCIS and NVC will do that. No extra charge. It will not benefit you in any way to do a background check yourself.

The death certificate is not needed. Your fiancee's marriage ended in DIVORCE it makes no difference if her former husband is alive or not. She is free to marry. Case closed. My wife was previously married, she was divorced, Her ex-husband is still alive. So what? The ONLY time a death certificate would be required is if that is how her marriage ended, OR if she had a child and needed to show she had full custody of the child. There is no other reason and your attorney's staff really doesn;t care how much running around they make YOU do.

Bankruptcy has nothing to do with this case and never will.

Items needed for the interview are not needed for the petition. She only needs to prove she is free to marry. USCIS accepts her divorce certificate for that purpose. Period.

BNot correct. You only need the death certificate if she states the marriage ended by death. Once divorced, the former husbands life status is irrelevent.

Thanks Gary, I agree with your thinking. If this lawyer was anybody else I would dismiss this advice. But he's well known here on VJ and works a lot with China and Vietnam. My fiancee, and I telephonically, had a consult with him while he was in GZ recently, and a flurry of emails after. I have not retained him, only paid for the consult. I wonder if there are new guidelines coming out of USCIS or something. Other than that??? I have no clue...

Edited November 7, 2010 by Sisyphus

[Gary and Alla 3,694]

Thanks Gary, I agree with your thinking. If this lawyer was anybody else I would dismiss this advice. But he's well known here on VJ and works a lot with China and Vietnam. My fiancee, and I telephonically, had a consult with him while he was in GZ recently, and a flurry of emails after. I have not retained him, only paid for the consult. I wonder if there are new guidelines coming out of USCIS or something. Other than that??? I have no clue...

Attorneys need to act like they are doing something for the money. You paid him for a consult and he gave you some advice no else did (and wasn't needed). No, USCIS has not changed the guidelines for a petition and if they did it would be in the instructions. Giving you a list of unneeded documents may appear to make them seem knowledgeable. To knowledgeable people it makes them seem silly. The first clue is that he advised you to get your own background check.

Sending extra material is not a problem...no penalty points. But it does not make up for anything that is needed. At this point you are not working with China or VietNam. You are filing a petition with USCIS.

Edited November 8, 2010 by Gary and Alla

[sichuan red 5]

Attorneys need to act like they are doing something for the money. You paid him for a consult and he gave you some advice no else did (and wasn't needed). No, USCIS has not changed the guidelines for a petition and if they did it would be in the instructions. Giving you a list of unneeded documents may appear to make them seem knowledgeable. To knowledgeable people it makes them seem silly. The first clue is that he advised you to get your own background check.

Sending extra material is not a problem...no penalty points. But it does not make up for anything that is needed. At this point you are not working with China or VietNam. You are filing a petition with USCIS.

Not to sound like an expert here, but Gary, you do not know Guangzhou. Please refrain from sounding knowledgable when it comes to China. You may have all the answers when it comes to other countries but Guangzhou is a whole different beast.

I know who the attorney is by the references made and I would follow his advice. I would not be so quick to dismiss the advice of an attorney who is well versed with the embassy at Guangzhou and has battled them at the top.

One thing Gaungzhou is going to want is proof of where the ex-spouse currently resides. Since he is looking at the grass from the brown side, I would document that in the application. USCIS is going to gloss over that but they WILL look at it in Guangzhou.

I would not chance a Blue slip on this information if it is readliy available. Petitions that end up in Guangzhou have to be front loaded as much as humanely possible.

OP, It's your petition. Do you feel lucky?

Just my 2 RMB's worth.

A humble petitioner for my lao po in Sichuan.

[Gary and Alla 3,694]

Not to sound like an expert here, but Gary, you do not know Guangzhou. Please refrain from sounding knowledgable when it comes to China. You may have all the answers when it comes to other countries but Guangzhou is a whole different beast.

I know who the attorney is by the references made and I would follow his advice. I would not be so quick to dismiss the advice of an attorney who is well versed with the embassy at Guangzhou and has battled them at the top.

One thing Gaungzhou is going to want is proof of where the ex-spouse currently resides. Since he is looking at the grass from the brown side, I would document that in the application. USCIS is going to gloss over that but they WILL look at it in Guangzhou.

I would not chance a Blue slip on this information if it is readliy available. Petitions that end up in Guangzhou have to be front loaded as much as humanely possible.

OP, It's your petition. Do you feel lucky?

Just my 2 RMB's worth.

A humble petitioner for my lao po in Sichuan.

Do his own background check?

[sichuan red 5]

Do his own background check?

My apologies if I was not clear. I was not addressing the issue of performing his own background check, nor did I mention the bankruptcy question. I was only adressing the issue regarding the deceased spouse and the attorney's (or I should say, the attorney's staff to be more precise) recommendation to include the death certificate. Performing a background check on oneself is, as you alluded to, simply ludicrous in and of itself.

BTW, I just re-read the OP's comment that he said the attorney suggested he perform his own background check. Knowing what I know about the referenced attorney, I think the OP may have misunderstood.

A humble petitioner for my lao po in Sichuan.

[JimVaPhuong 4,863]

Do his own background check?

The attorney is talking about a public records check for the petitioner. The consulates have access to Lexis Nexis, and they often pull up records on the petitioner to look for suspicious circumstances (addresses listed that were not declared on the G-325A, etc.) or to get info for questions for the interview (for example, how much you paid for your home, or any businesses you own or professional licenses you have). These records used to be available through ChoicePoint, but Lexis Nexis bought them out.

You can still get copies of your personal reports under the FACT Act of 2003 for no charge. The instructions are here:

http://www.lexisnexis.com/risk/factact/

This won't give you access to every piece of data Lexis Nexis has because some of it is not covered by the FACT Act, so they're not required to disclose it to you. The reports from ChoicePoint were more comprehensive.

BTW, the same attorney made the same suggestion to me. I obtained a copy of my report before the interview. I have it on good faith that the consulate did, as well.

[Sisyphus 1]

Yes, I am confused here. This is the exchange in regard to the backround check:

Atty:"Recommendations:.... 2. Background check on P. But I don't see his background as much of a problem."

Sisyphus:"You recommend I do a background check on myself? To include in the petition?"

Atty: "I can email the background check forms."

He has not emailed anything yet. I need to try again for a clarification...

Jim, It seems like he means to do it before the initial petition filing, not for the interview.

The death cert issue: Yes, I agree why not.

The single cert. I guess we can do it twice for max front load.

I'm running around in circles as fast as I can, I don't understand why I'm not getting there?

Edited November 8, 2010 by Sisyphus

[pushbrk 12,092]

Your attorney has no clue. Fire him and try to get your money back. If he won't give your money back, get your case back because he is going to mess it up.

You cannot do a background check they will accept. USCIS and NVC will do that. No extra charge. It will not benefit you in any way to do a background check yourself.

The death certificate is not needed. Your fiancee's marriage ended in DIVORCE it makes no difference if her former husband is alive or not. She is free to marry. Case closed. My wife was previously married, she was divorced, Her ex-husband is still alive. So what? The ONLY time a death certificate would be required is if that is how her marriage ended, OR if she had a child and needed to show she had full custody of the child. There is no other reason and your attorney's staff really doesn;t care how much running around they make YOU do.

Bankruptcy has nothing to do with this case and never will.

Items needed for the interview are not needed for the petition. She only needs to prove she is free to marry. USCIS accepts her divorce certificate for that purpose. Period.

BNot correct. You only need the death certificate if she states the marriage ended by death. Once divorced, the former husbands life status is irrelevent.

I can assure you Gary's answer is 100% correct for any country including China. Only if there could be a custody question regarding an immigrating child, would a death certificate for a husband she divorced when living be needed.

Sounds like you're not dealing directly with somebody who knows the process. It's more like an assistant reading from a list.