Jump to content
Sign in to follow this  
Wanda and Amel

Embarassing... have a question re: criminal record

39 posts in this topic

Recommended Posts

I am laying in bed watching television and suddenly I remember an incident that ocurred almost 30 years ago. Back in 1982, I was charged with a felony of fraud, no jail time, 3 years probation and restituion. When I filled out the I129F, based on how the question reads, I answered truthfully as I had never been charged with any of the listed crimes. Now, I am concerned. Will this be viewed as my lying on the application? Will my 1982 charge keep me from being approved? Help, any comments are welcomed. Thank you,


4/1/2011 - Mailed I129F

4/4/2011 - I129F received by USCIS (Priority date)

4/5/2001 - Post Office Return Receipt signed by USCIS

4/6/2011 - USCIS receipt date

4/7/2011 - Received e-mail/text NOA1

4/8/2011 - Touched

4/12/2011 - Receipt received via snail mail (I797C)

8/29/2011 - Received email/text NOA2

9/2/2011 - NVC received (no NVC # assigned yet)

9/2/2011 - Received hardcopy of NOA2

9/6/2011 - NVC Havana case number assigned

9/16/2011 - NVC forwarded case to Havana

9/19/2011 - NVC generated informational letter to me

9/23/2011 - Received letter from NVC via snail mail

10/6/2011 - Packet received by US Interest Section in Havana

10/18/2011 - Amel received telegram advising him when to pick up packet

12/05/2011 - Amel had blood work and x-rays done in preparation for medical examination

12/12/2011 - Amel picked up packet of forms at the USINT in Havana.

01/10/2012 - Amel had his medical exam today.

03/01/2012 - Interview: APPROVED!

03/20/2012 - Visa received.

3/23/2012 - Carta blanca, etc. requested

Share this post


Link to post
Share on other sites

I am laying in bed watching television and suddenly I remember an incident that ocurred almost 30 years ago. Back in 1982, I was charged with a felony of fraud, no jail time, 3 years probation and restituion. When I filled out the I129F, based on how the question reads, I answered truthfully as I had never been charged with any of the listed crimes. Now, I am concerned. Will this be viewed as my lying on the application? Will my 1982 charge keep me from being approved? Help, any comments are welcomed. Thank you,

Are you the US citizen? No. But not disclosing it may be a problem.


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

Gary And Alla

Share this post


Link to post
Share on other sites

Well, technically they are only asking if you committed any of the specific crimes listed. So unless you were involved in the slave trade I think you should be ok. But others may know more. I know later they want your fiance's entire criminal history. But, I'm not sure if they require you, the petitioner, to disclose previous convictions as well.

Hmmm...good question.


My Timeline

Dec 2008: Met my baby

Dec-July: Spend a million dollars on phone calls :)

July 2009: Visit to Havana

February-March 2010: Live together for the first time

April-December: Emails and texts and chats oh my !

January-March 2011: Together again ! Sooooo happy

November 2011: Went to Havana for the interview and we were approved ! Now on the the carta blanca

________

K-1 Visa:

03-24-2011: File I-129F

03-28-2011: NOA1

03-30-2011: Touch

04-22-2011: NOA2

04-29-2011: Case Forwarded to Havana

04-19-2011: My fiance received packet 3

11-01-2011: Interview Appointment. Approved!!!

11-02-2011: Received Visa

04-25-2012: Arrival in LA Airport!!!

06-08-2012: Married!!!

Adjustment of Status:

07-24-2012: Mailed AOS papers along with AP and EAD

Share this post


Link to post
Share on other sites

I am the U.S. Citizens. I didn't avoid this question on purpose. I answered the question as posed truthfully and quite frankly the legal problem was so long ago that I didn't even remember it. I did call USCIS and was told that it is up to the adjudicator on my case. If I wanted to clear this up, I can make an infopass appoint. What do you guys think?


4/1/2011 - Mailed I129F

4/4/2011 - I129F received by USCIS (Priority date)

4/5/2001 - Post Office Return Receipt signed by USCIS

4/6/2011 - USCIS receipt date

4/7/2011 - Received e-mail/text NOA1

4/8/2011 - Touched

4/12/2011 - Receipt received via snail mail (I797C)

8/29/2011 - Received email/text NOA2

9/2/2011 - NVC received (no NVC # assigned yet)

9/2/2011 - Received hardcopy of NOA2

9/6/2011 - NVC Havana case number assigned

9/16/2011 - NVC forwarded case to Havana

9/19/2011 - NVC generated informational letter to me

9/23/2011 - Received letter from NVC via snail mail

10/6/2011 - Packet received by US Interest Section in Havana

10/18/2011 - Amel received telegram advising him when to pick up packet

12/05/2011 - Amel had blood work and x-rays done in preparation for medical examination

12/12/2011 - Amel picked up packet of forms at the USINT in Havana.

01/10/2012 - Amel had his medical exam today.

03/01/2012 - Interview: APPROVED!

03/20/2012 - Visa received.

3/23/2012 - Carta blanca, etc. requested

Share this post


Link to post
Share on other sites

I am the U.S. Citizens. I didn't avoid this question on purpose. I answered the question as posed truthfully and quite frankly the legal problem was so long ago that I didn't even remember it. I did call USCIS and was told that it is up to the adjudicator on my case. If I wanted to clear this up, I can make an infopass appoint. What do you guys think?

This is what I would (And did and done before I even filed the 129-F) Call me weird. Tried to remember every run-in with the law I had. I personally paid for fingerprints of me a Full background check on Convictions. (Only one in Oregon and a misdemeanor in 1987) I also remembered in South Corolina in 1986 I got mouthy with a Cop and was cited for disorderly conduct and went to jail for 1 hour and was bailed out, the fine was $65.00. The point is I aquired all these records on myself. When I went to my Attourney BEFORE I Hired Her, I had this information with me when I first met her to review the posibility of a Approval of the 129-F.

You must remember the State, County (Municipal or District Court) and request records for the outcome and final senerio for that event. Google it.. These are usaully free if you remember approximately where and when. (they also can Fax these) Then you are more pre-pared for a Info-Pass Appointment if needed. I will tell you that when I reviewed my Attourneys 129-F Application she left out the Disorderly Conduct. I said why? She said it DOES NOT Pertain to the Application whatsoever. What do I know. I said OK. I would get this information FIRST. Then go from there.. It's a start. Good Luck!


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

Share this post


Link to post
Share on other sites

Posed this question to a lawyer and her response was: You are ok. as long as it had nothing to do with the filing of immigration petitions or sexual crimes involving children, you can petition your fiance. I hope this helps clarify. Thank the Lord. Hallelujah. Boy, our past surely catches up with you.


4/1/2011 - Mailed I129F

4/4/2011 - I129F received by USCIS (Priority date)

4/5/2001 - Post Office Return Receipt signed by USCIS

4/6/2011 - USCIS receipt date

4/7/2011 - Received e-mail/text NOA1

4/8/2011 - Touched

4/12/2011 - Receipt received via snail mail (I797C)

8/29/2011 - Received email/text NOA2

9/2/2011 - NVC received (no NVC # assigned yet)

9/2/2011 - Received hardcopy of NOA2

9/6/2011 - NVC Havana case number assigned

9/16/2011 - NVC forwarded case to Havana

9/19/2011 - NVC generated informational letter to me

9/23/2011 - Received letter from NVC via snail mail

10/6/2011 - Packet received by US Interest Section in Havana

10/18/2011 - Amel received telegram advising him when to pick up packet

12/05/2011 - Amel had blood work and x-rays done in preparation for medical examination

12/12/2011 - Amel picked up packet of forms at the USINT in Havana.

01/10/2012 - Amel had his medical exam today.

03/01/2012 - Interview: APPROVED!

03/20/2012 - Visa received.

3/23/2012 - Carta blanca, etc. requested

Share this post


Link to post
Share on other sites

Posed this question to a lawyer and her response was: You are ok. as long as it had nothing to do with the filing of immigration petitions or sexual crimes involving children, you can petition your fiance. I hope this helps clarify. Thank the Lord. Hallelujah. Boy, our past surely catches up with you.

Yes, when I younger I had more misdeamenors that President Carter had Peanuts.. I had all my records from Minicipal, Circuit Courts. She said: Just as you said: They don't apply and it has been a long time ago. They (USCIS) look for Sex-Crimes and Spousal Abuse Convictions. I would still play it safe and get a copy from the Courts in case. Since a Felony even though it maynot be needed. After you get Approved and are Married, then pay a few hundred dollars to get this exspunged from your record if you qualify. (USCIS Does Reconize Exspungements as you know) A Felony does hurt when Employment Applications come into play. Your Attourney has it covered.

Yes, when I younger I had more misdeamenors that President Carter had Peanuts.. I had all my records from Minicipal, Circuit Courts. She said: Just as you said: They don't apply and it has been a long time ago. They (USCIS) look for Sex-Crimes and Spousal Abuse Convictions. I would still play it safe and get a copy from the Courts in case. Since a Felony even though it maynot be needed. After you get Approved and are Married, then pay a few hundred dollars to get this exspunged from your record if you qualify. (USCIS Does Reconize Exspungements as you know) A Felony does hurt when Employment Applications come into play. Your Attourney has it covered.

Sorry, Does NOT Reconize Exspungments


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

Share this post


Link to post
Share on other sites

UH OH !! I am worried now because my fiance had a criminal record (sex) last 2003 and we are august filer and still no NOA2 till now do you think it will cause of our not approving the 129F?

If he falls under any of this in the Link. Probably not unless a waiver is attained which is rare so I understand.

http://en.wikipedia.org/wiki/Adam_Walsh_Child_Protection_and_Safety_Act


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

Share this post


Link to post
Share on other sites

I am the U.S. Citizens. I didn't avoid this question on purpose. I answered the question as posed truthfully and quite frankly the legal problem was so long ago that I didn't even remember it. I did call USCIS and was told that it is up to the adjudicator on my case. If I wanted to clear this up, I can make an infopass appoint. What do you guys think?

Was your record expunged or sealed? If so, then by law your are allowed to treat it as if it never happened and you would not be considered untruthful for not disclosing.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites

If he falls under any of this in the Link. Probably not unless a waiver is attained which is rare so I understand.

http://en.wikipedia...._and_Safety_Act

The Key WORD is WAS HE CONVICTED and on his Record. If that be the case: Have him talk to an Attourney showing that he recieved Counseling, ETC. TEC. The list goes on and on. A waiver would be best answered by someone else that it would be Approved.

Was your record expunged or sealed? If so, then by law your are allowed to treat it as if it never happened and you would not be considered untruthful for not disclosing.

Ryan, I'm Sorry. USCIS does NOT SEAL or Reconize Exspungements what-soever.


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

Share this post


Link to post
Share on other sites

The Key WORD is WAS HE CONVICTED and on his Record. If that be the case: Have him talk to an Attourney showing that he recieved Counseling, ETC. TEC. The list goes on and on. A waiver would be best answered by someone else that it would be Approved.

Ryan, I'm Sorry. USCIS does NOT SEAL or Reconize Exspungements what-soeve

Sorry ! yes, he was convicted about 3 months and he had a counsel... But for now we can't afford to get attorney..

Share this post


Link to post
Share on other sites

OK LoveBlossoms. One other question. You never mentioned the age of the Victim.. Was she a Minor (Under 18 years old) ?


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

Share this post


Link to post
Share on other sites

sorry again ! yes the victim is minor about 11 yrs old...

OMG. Go on with your Life. I'm sorry Honey...


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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.
×