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Criminal record questions. Any advice will help!

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Filed: AOS (apr) Country: South Korea
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I am gathering documents to file I-129F and have questions about criminal record.

I (USC/Petitioner) have three DUI convictions; dated 2002, 2003 and 2009. And I have an arrest record for assult. I am going to court on Monday to gather up some document to file I-129F. I will get documents for my three convictions, but do I need documents for my arrest record as well? How do I have them certified? Do I just ask the court clerk for this?

My girlfriend (Korean citizen/beneficiary) has one arrest record for domestic violence (California PC 273.5(a))and drunk in public (California PC 647(f)). The court did not pursue prosecution and I have "Notice of intent not to file" (California PC 853.6©)letter from DA's office. Do I need certified documents regarding this matter or would the photocopy of this letter be enough? Also do I need this record when filing I-129F or this is for later during the interview?

Are there chances that my petition can be denied? Would you advise me to hire a lawyer for the I-129F?

I am very shameful of my regrettable past and worried to death that the history can ruin my relationship. Any advice will help. Thank you in advance.

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Filed: Citizen (apr) Country: Thailand
Timeline

I'm sorry. I don't have any advice. I don't want to advice you wrong. I know that if I was you, I would consult a lawyer to see what my options are. I just wanted to wish you good luck in your journey.

K-1 TIMELINE11/03/2010 Mailed I-129F Petition to USCIS VSC
11/15/2010 Received NOA1 in the mail
02/04/2011 Requested expediting of case for military deployment
02/11/2011 Expediting request approved
02/22/2011 Received expediting request approval letter in the mail
02/28/2011 NOA2 Document Received in the mail
02/28/2011 NVC received and case # assigned
03/01/2011 Case sent to Embassy
03/04/2011 Case received at the Embassy
03/09/2011 Embassy sent Packet 3 via mail (we did not wait for it, downloaded forms online)
03/15/2011 Sent Packet 3 to the Embassy
03/18/2011 Embassy received Packet 3 in the mail
03/28/2011 Received Packet 4 from Embassy
04/20/2011 Embassy Interview Date (APPROVED)
04/27/2011 POE JFK, NY
AOS/AE/AP TIMELINE
06/24/2011 Mailed the AOS/EA/AP
07/05/2011 Received NOA1's for the AP/AE/AOS dated 06/27/2011
07/08/2011 Received NOA for biometrics appointment
07/25/2011 Biometrics appointment
08/24/2011 Received AP/AE card in the mail
09/08/2011 AOS interview APPROVED
09/09/2011 Card in production
09/19/2011 Green card on hand!

I-130 TIMELINE - STEPDAUGHTER I-751 TIMELINE-WIFE

04/07/2013 Mailed I-130 petition 06/10/2013 Mailed I-751 petition

04/14/2013 Received NOA1 inthe mail 06/19/2013 Received NOA1 in mail

05/04/2013 Requested expediting due to military deployment %

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Filed: K-1 Visa Country: Peru
Timeline

The reason for giving the USCIS your criminal record is so your fiance' will know your criminal past. It is not intended to deny you or your fiance approval. Only certain crimes would be reason to deny the approval. Such as terrorism, drug trafficking, etc... As long as your fiance has been advised of your past criminal record and if she still wants to be with you then that is all the embassy cares about. Their job is done. They have to let her know of certain crimes because of the violence against foreign brides that have happened in the past. And also the lying that both the men and women do in concealing important things about themselves. Women usually lie about kids, how many marriages, prostitution, etc...and men usually lie about drinking, drugging, and violence. As long as she knows about your DUI's and you are honest in your petition you should be fine.

By the way, have you gave up the drinking? Or at the very least the drinking and driving? That kind of life leads to knowhere quick. I am saying this from experience brother.

Good luck,

Rod

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I am gathering documents to file I-129F and have questions about criminal record.

I (USC/Petitioner) have three DUI convictions; dated 2002, 2003 and 2009. And I have an arrest record for assult. I am going to court on Monday to gather up some document to file I-129F. I will get documents for my three convictions, but do I need documents for my arrest record as well? How do I have them certified? Do I just ask the court clerk for this?

My girlfriend (Korean citizen/beneficiary) has one arrest record for domestic violence (California PC 273.5(a))and drunk in public (California PC 647(f)). The court did not pursue prosecution and I have "Notice of intent not to file" (California PC 853.6©)letter from DA's office. Do I need certified documents regarding this matter or would the photocopy of this letter be enough? Also do I need this record when filing I-129F or this is for later during the interview?

Are there chances that my petition can be denied? Would you advise me to hire a lawyer for the I-129F?

I am very shameful of my regrettable past and worried to death that the history can ruin my relationship. Any advice will help. Thank you in advance.

Just be honest and answer all the questions truthfully and honestly as possible .The USCIS does criminal background checks on the petitioner and the Beneficiary . Just apply and cross yr fingers . Just a tip --Clean up yr act . :lol:

-400 CITIZENSHIP TIMELINE

01-17-2015 = N-400 packet sent (to P.O. Box Dallas via USPS Priority Mail)
01-21-2015 = N-400 packet delivered
01/25/2015 = E confirmation / Text received

01/26/2015 = Check cashed .

02/02/2015 = NOA1 received (Priority Date 01/21/2015)
02/09/2015 = Biometrics Letter received .

02/18/2015 = Biometrics

02/20/2015 = In line for interview

04/10/2015 = Interview Letter received .

05/11/2015 =Interview .

05/11/2015 = Passed Interview
07/01/2015 = Oath letter received
07/24/2015 = Oath Cerememony

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Filed: AOS (apr) Country: Australia
Timeline

The reason for giving the USCIS your criminal record is so your fiance' will know your criminal past. It is not intended to deny you or your fiance approval. Only certain crimes would be reason to deny the approval. Such as terrorism, drug trafficking, etc... As long as your fiance has been advised of your past criminal record and if she still wants to be with you then that is all the embassy cares about. Their job is done. They have to let her know of certain crimes because of the violence against foreign brides that have happened in the past. And also the lying that both the men and women do in concealing important things about themselves. Women usually lie about kids, how many marriages, prostitution, etc...and men usually lie about drinking, drugging, and violence. As long as she knows about your DUI's and you are honest in your petition you should be fine.

By the way, have you gave up the drinking? Or at the very least the drinking and driving? That kind of life leads to knowhere quick. I am saying this from experience brother.

Good luck,

Rod

Wrong.

USCIS wants to know about any criminal background to see what sort of person they are allowing into the US / giving residency too. They're are not going to give residency to anyone who is violent, prone to theft, spent lengthy periods of time in jail etc etc. It does not have to be just terrorism or drug trafficking. If you do a search on here you will see several cases where an applicant was denied due to a criminal record. For example - http://www.visajourney.com/forums/topic/198606-need-help-visa-denied-under-section-212a2a1/

A criminal record does not automatically lead to a denial. But it WILL be a factor when the officer is adjudicating your case.

Read here for more information - http://www.visajourney.com/content/records

01/09/09 - Sent I-129F

Visa Approved!

23/07/10 - Arrived in the U.S.

28/08/10 - Got Married

20/10/10 - Sent AOS

04/11/10 - InfoPass Appointment to request an Expedited AP

05/11/10 - Expedited AP Approved! RFE requested for AOS

01/02/11 - RFE sent

01/01/11 - RFE Received

01/12/11 - Biometrics taken

01/28/11 - EAD Approved

02/02/11 - AOS moved to CSC

03/07/11 - Greencard Approved!

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Filed: K-1 Visa Country: Vietnam
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Wrong.

USCIS wants to know about any criminal background to see what sort of person they are allowing into the US / giving residency too. They're are not going to give residency to anyone who is violent, prone to theft, spent lengthy periods of time in jail etc etc. It does not have to be just terrorism or drug trafficking. If you do a search on here you will see several cases where an applicant was denied due to a criminal record. For example - http://www.visajourney.com/forums/topic/198606-need-help-visa-denied-under-section-212a2a1/

A criminal record does not automatically lead to a denial. But it WILL be a factor when the officer is adjudicating your case.

Read here for more information - http://www.visajourney.com/content/records

I believe she was talking about the criminal record of the petitioner and not the beneficiary. Her comments were basically accurate, since submitting evidence about the DUI's and assault charges are meant to comply with the IMBRA, and are mostly intended to provide disclosure to the beneficiary. The only time those factors would be used to deny the approval of a petition is if the petitioner was also asking for a waiver of the multiple filing limitations. These also only apply to a K1 visa petition. They don't apply to a spousal visa petition.

However, her comments about terrorism and human trafficking are not correct. I think she's getting confused between what crimes by the petitioner would result in denial of the petition, and what crimes by the beneficiary would result in denial of the visa. A petitioner could have a long and sordid criminal history, including terrorism and possibly even human trafficking, and still have their petition approved. The only sort of criminal history that I'm aware of that makes a petitioner ineligible to submit ANY family based visa petition are those crimes which fall under the Adam Walsh Act, which are primarily crimes involving assault or molestation of children, and violations of immigration law.

To the OP: You need to check "Yes" in part C, question 2 of the I-129F. You need to get copies of all court and police records pertaining to your crimes. The custodian of records (usually a court clerk) can certify the copies.

Your fiancee will need the court and police records of her arrest at the interview. Public drunkenness is not a crime involving moral turpitude, but the panel physician can deny her if they determine she's an alcoholic. Domestic violence often IS a crime involving moral turpitude. She doesn't have to be convicted in order to be denied. She only needs to admit to having committed the crime.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: AOS (apr) Country: South Korea
Timeline

Thanks for all the reponses!

By the way, have you gave up the drinking? Or at the very least the drinking and driving? That kind of life leads to knowhere quick. I am saying this from experience brother.

I still drink sometimes, but my drinking habit is way different. And I never drink and drive. I never drank and drove after 2nd DUI, then 3rd DUI was from alcohol remaining in my system in the morning after my birthday party with heavy drinking. I had an emergency early in the morning and it was a mistake to take out my car. She knows about every one of the record I have and been next to me through my 3rd DUI together. It was tough, but we managed it.

Just be honest and answer all the questions truthfully and honestly as possible .The USCIS does criminal background checks on the petitioner and the Beneficiary . Just apply and cross yr fingers . Just a tip --Clean up yr act . :lol:

Yeah, I regret deeply for those stupid acts I made and now cleaned up. Thanks

To the OP: You need to check "Yes" in part C, question 2 of the I-129F. You need to get copies of all court and police records pertaining to your crimes. The custodian of records (usually a court clerk) can certify the copies.

Your fiancee will need the court and police records of her arrest at the interview. Public drunkenness is not a crime involving moral turpitude, but the panel physician can deny her if they determine she's an alcoholic. Domestic violence often IS a crime involving moral turpitude. She doesn't have to be convicted in order to be denied. She only needs to admit to having committed the crime.

Thanks for this information. I knew I need to check "Yes" in part C, but I wasn't sure if I need documents regarding my record when filing I-129F. You cleared me up. I will head to court tomorrow gather up my record.

She is not an alcoholic, so that does not concern me. But domestic violence IS a crime involving moral turpitude? Wow.. I hope everything goes through well...

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Filed: Citizen (apr) Country: Iran
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Make sure your fiance is aware of your history as they most likely will bring it up in the interview. I had the same "issues" with a criminal past but I was very open and honest with him about my history.

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Filed: AOS (apr) Country: South Korea
Timeline

Make sure your fiance is aware of your history as they most likely will bring it up in the interview. I had the same "issues" with a criminal past but I was very open and honest with him about my history.

She knows ALL about it. I got my 3rd DUI after starting our relationship and she has been together with me through the legal battle.

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Filed: K-1 Visa Country: Germany
Timeline

Do you need to file a waiver for one DUI, when you just got arrested and not convicted for it ?

K-1

09-28-10 I-129F sent

10-06-10 NOA1

03-08-11 service request

03-18-11 RFE email

03-26-11 RFE hardcopy

2011-03-29 RFE sent back

2011-04-06 RFE response and review

2011-04-08 NOA 2

"Wait for the person who pursues you, the one who will make an ordinary moment seem magical, the kind of person who brings out the best in you and makes you want to be a better person; wait for the person who will be your best friend, the person who will drop everything to be with you at anytime no matter the circumstances, wait for the person who makes you smile like no one else does and when they smile you know they need you. Wait for the person who wants to show you off to the world when you are in sweats and a t-shirt, but appreciates it when you dress up for them. And most of all wait for the person who will put you at the center of their universe because that's where you belong."

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Filed: K-1 Visa Country: Peru
Timeline

I believe she was talking about the criminal record of the petitioner and not the beneficiary. Her comments were basically accurate, since submitting evidence about the DUI's and assault charges are meant to comply with the IMBRA, and are mostly intended to provide disclosure to the beneficiary. The only time those factors would be used to deny the approval of a petition is if the petitioner was also asking for a waiver of the multiple filing limitations. These also only apply to a K1 visa petition. They don't apply to a spousal visa petition.

However, her comments about terrorism and human trafficking are not correct. I think she's getting confused between what crimes by the petitioner would result in denial of the petition, and what crimes by the beneficiary would result in denial of the visa. A petitioner could have a long and sordid criminal history, including terrorism and possibly even human trafficking, and still have their petition approved. The only sort of criminal history that I'm aware of that makes a petitioner ineligible to submit ANY family based visa petition are those crimes which fall under the Adam Walsh Act, which are primarily crimes involving assault or molestation of children, and violations of immigration law.

To the OP: You need to check "Yes" in part C, question 2 of the I-129F. You need to get copies of all court and police records pertaining to your crimes. The custodian of records (usually a court clerk) can certify the copies.

Your fiancee will need the court and police records of her arrest at the interview. Public drunkenness is not a crime involving moral turpitude, but the panel physician can deny her if they determine she's an alcoholic. Domestic violence often IS a crime involving moral turpitude. She doesn't have to be convicted in order to be denied. She only needs to admit to having committed the crime.

Yes, I was referring to the crimes of the petitioner. The standards are different for the beneficiary wanting to gain access to America. The important thing is that you are honest in the answer and that you tell your fiance' and don't try to hide it from her. They are going to show her all of your convictions that fall within the IMBRA statutes at her interview at the consulate anyway.

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Filed: AOS (apr) Country: South Korea
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Yes, I was referring to the crimes of the petitioner. The standards are different for the beneficiary wanting to gain access to America. The important thing is that you are honest in the answer and that you tell your fiance' and don't try to hide it from her. They are going to show her all of your convictions that fall within the IMBRA statutes at her interview at the consulate anyway.

As I said in earlier post, she knows EVERYTHING about my past. Everything criminal and my finance too. She even knows my finanacial account ID/pass so she can access it anytime. Trust me I will be honest. Thanks guys

Edited by joonoo
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  • 2 months later...
Filed: K-1 Visa Country: Philippines
Timeline

I am gathering documents to file I-129F and have questions about criminal record.

I (USC/Petitioner) have three DUI convictions; dated 2002, 2003 and 2009. And I have an arrest record for assult. I am going to court on Monday to gather up some document to file I-129F. I will get documents for my three convictions, but do I need documents for my arrest record as well? How do I have them certified? Do I just ask the court clerk for this?

My girlfriend (Korean citizen/beneficiary) has one arrest record for domestic violence (California PC 273.5(a))and drunk in public (California PC 647(f)). The court did not pursue prosecution and I have "Notice of intent not to file" (California PC 853.6©)letter from DA's office. Do I need certified documents regarding this matter or would the photocopy of this letter be enough? Also do I need this record when filing I-129F or this is for later during the interview?

Are there chances that my petition can be denied? Would you advise me to hire a lawyer for the I-129F?

I am very shameful of my regrettable past and worried to death that the history can ruin my relationship. Any advice will help. Thank you in advance.

http://www.visajourney.com/forums/topic/281757-i-129f-was-denied-due-to-past-criminal-convictions-falling-under-imbra-is-i-130-an-option/

see above link. Person denied with similar situation.

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  • 5 years later...
 
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