Expedite request denied, background check under way

[NoneYa 73]

So what is the rule of thumb if you have a misdemeanor on your record that is not any of the ones mentioned in the I-129F question. Should you mention it or not?

The I-129F only asks for CERTAIN types of convictions many of which don't apply to the average person (besides domestic violence).

So if you have 1 conviction for something that is not listed on there should you even mention it? Because technically they only ask if you have been convicted of any of the following crimes.

Follow the form. Follow the form. Do not deviate on this one. I wouldn't send in any other information because it doesn't apply at all. Worse case scenerio you will get an RFE. Just get your certified court records from the court house in advance and keep them at home in case they ask for them. This same advice was given to me. I think it is the most sound. You are not ommitting anything if it doesn't apply.

Edited August 16, 2011 by DaleFlorida

[Tim/Mav 305]

So what is the rule of thumb if you have a misdemeanor on your record that is not any of the ones mentioned in the I-129F question. Should you mention it or not?

The I-129F only asks for CERTAIN types of convictions many of which don't apply to the average person (besides domestic violence).

So if you have 1 conviction

for something that is not listed on there should you even mention it? Because technically they only ask if you have been convicted of any of the following crimes.

You are correct. Only offences that involve a spouse or a child. and / or drugs arrests. In 1987 I got mouthy witha Policeman and he arrested me for Disorderly Conduct. I got the desposition from the Courthouse and it showed I paid a fine. It was a Conviction but the Attourney said it was irrelevent to the 129-F and not ever disclosed. It was not an act against a child/female or drug related issue. Its on my record but USCIS did'nt care.

[bigdog 377]

After inquiring with USCIS a few days ago about the possibility of having my I-129F case expedited based on financial emergency, I was rejected. The email sent by USCIS informing me of the rejection said the following about my case status:

"...Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete."

Now, my question is to the nature of this background check. I informed USCIS of my past run-ins with the law--i.e. that I have a couple of misdemeanor marijuana possession charges as well as a misdemeanor simple assault charge--each of which date back to 2005 and prior. I have long since served the required probationary sentences, and have been without even a traffic ticket in years. I sent the USCIS certified documents from all of my local authorities. I believe that I was very thorough in my presentation of the facts concerning my background.

So, does anyone know if this deal with my criminal background is the reason for the postponement? Or could the statement above from USCIS include more than just criminal background--i.e. maybe the background of my relationship with Julia, my work background?

Quite simply, I am confounded as to why this case is taking so long to be approved. I see others all over Visa Journey who've received their NOA2 within two or three months, and I am now 6 months removed from my NOA1, and not a peep. Well, that is until yesterday when I received word that an expedite is not possible. I suppose I can be grateful that I heard that much!

Trusting my God and Savior to move....

Sometimes it is better to let sleeping dogs lie. possible you opened a can of worms with the expedite, good luck.

[pushbrk 14,170]

They only ask about specific crimes but they're checking everything. So why would you purposefully omit something you know they'll find anyway?

It's a form. It asks questions. You answer them truthfully. The form doesn't ask about ALL convictions, only the ones IMBRA covers.

[Sergi9 110]

After inquiring with USCIS a few days ago about the possibility of having my I-129F case expedited based on financial emergency, I was rejected. The email sent by USCIS informing me of the rejection said the following about my case status:

"...Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete."

Now, my question is to the nature of this background check. I informed USCIS of my past run-ins with the law--i.e. that I have a couple of misdemeanor marijuana possession charges as well as a misdemeanor simple assault charge--each of which date back to 2005 and prior. I have long since served the required probationary sentences, and have been without even a traffic ticket in years. I sent the USCIS certified documents from all of my local authorities. I believe that I was very thorough in my presentation of the facts concerning my background. So, does anyone know if this deal with my criminal background is the reason for the postponement? Or could the statement above from USCIS include more than just criminal background--i.e. maybe the background of my relationship with Julia, my work background?

Quite simply, I am confounded as to why this case is taking so long to be approved. I see others all over Visa Journey who've received their NOA2 within two or three months, and I am now 6 months removed from my NOA1, and not a peep. Well, that is until yesterday when I received word that an expedite is not possible. I suppose I can be grateful that I heard that much!

Trusting my God and Savior to move....

An Expedite is the least of your worries at this point. You have multiple criminal charges and more than likely will be deemed inadmissable. Not sure if a waiver is even possible.

An individual may be found inadmissible if he or she has been convicted of or admits committing a violation of (or conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance. Any drug conviction or admission of the essential elements of a controlled substance offense will render an individual inadmissible.

[Tim/Mav 305]

An Expedite is the least of your worries at this point. You have multiple criminal charges and more than likely will be deemed inadmissable. Not sure if a waiver is even possible.

An individual may be found inadmissible if he or she has been convicted of or admits committing a violation of (or conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance. Any drug conviction or admission of the essential elements of a controlled substance offense will render an individual inadmissible.

Respectfully, I think the petitioner is the one with issues. So there is no admissability issue about the beneficiary here from what I read. However, if the Petioner fails then the beneficiary lost as well. Only time will tell on this one.

[Sergi9 110]

Respectfully, I think the petitioner is the one with issues. So there is no admissability issue about the beneficiary here from what I read. However, if the Petioner fails then the beneficiary lost as well. Only time will tell on this one.

Dyslexic reading.. my bad

[Tim/Mav 305]

After inquiring with USCIS a few days ago about the possibility of having my I-129F case expedited based on financial emergency, I was rejected. The email sent by USCIS informing me of the rejection said the following about my case status:

"...Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete."

Now, my question is to the nature of this background check. I informed USCIS of my past run-ins with the law--i.e. that I have a couple of misdemeanor marijuana possession charges as well as a misdemeanor simple assault charge--each of which date back to 2005 and prior. I have long since served the required probationary sentences, and have been without even a traffic ticket in years. I sent the USCIS certified documents from all of my local authorities. I believe that I was very thorough in my presentation of the facts concerning my background.

So, does anyone know if this deal with my criminal background is the reason for the postponement? Or could the statement above from USCIS include more than just criminal background--i.e. maybe the background of my relationship with Julia, my work background?

Quite simply, I am confounded as to why this case is taking so long to be approved. I see others all over Visa Journey who've received their NOA2 within two or three months, and I am now 6 months removed from my NOA1, and not a peep. Well, that is until yesterday when I received word that an expedite is not possible. I suppose I can be grateful that I heard that much!

Trusting my God and Savior to move....

Despite all of this: I truly believe you have a good chance for approval. You were honest. Pay more attention to staying in touch with your fiancee and keep records.

[elya 18]

Extra background checks can be added for a variety of reasons, criminal record being one. What they are actually investigating might vary - it may be just the criminal case but it may be that the information you provided set off a flag that has them checking other things more carefully as well. As far as I can tell, there is no way to get USCIS to tell you what parts of your background they are actually investigating.

In a lot of cases they only add an extra few weeks, sometimes they add months (my case so far). In very rare cases I've read about a year or more - but those had Adam Walsh Act issues. You may have to wait a bit longer than most petitioners without the red flags but should be approved eventually. Good luck!

[BobnCherry 10]

They only ask about specific crimes but they're checking everything. So why would you purposefully omit something you know they'll find anyway?

Well I didn't answer what they didn't ask so I didn't see the point...I did tell of my past to my fiancee that I owed her.

Bob

[Tim/Mav 305]

Extra background checks can be added for a variety of reasons, criminal record being one. What they are actually investigating might vary - it may be just the criminal case but it may be that the information you provided set off a flag that has them checking other things more carefully as well. As far as I can tell, there is no way to get USCIS to tell you what parts of your background they are actually investigating.

In a lot of cases they only add an extra few weeks, sometimes they add months (my case so far). In very rare cases I've read about a year or more - but those had Adam Walsh Act issues. You may have to wait a bit longer than most petitioners without the red flags but should be approved eventually. Good luck!

I don't think the Adam Walsh Act is admissable here. The OP knows his background and no mention. The OP would know he would need a Wavier if in fact a Violation of the Act and Hire a Immagration Attorney and still chances would be slim. It is not uncommom for awaiting a NOA2 when providing required information about background. Answering a question truthfully is not a Red Flag but avoiding a question is.

[elya 18]

I don't think the Adam Walsh Act is admissable here. The OP knows his background and no mention. The OP would know he would need a Wavier if in fact a Violation of the Act and Hire a Immagration Attorney and still chances would be slim. It is not uncommom for awaiting a NOA2 when providing required information about background. Answering a question truthfully is not a Red Flag but avoiding a question is.

I meant to imply he would not have to wait that long since Adam Walsh doesn't apply in his case. Sorry if that wasn't clear.

A truthful answer to a question can be a red flag depending on what the truth is. A criminal background qualifies. What the OP described here should not result in a denial or an excessively long additional delay (based on what I've read about other cases here on VJ)

[Channah&Aaron 51]

; I haven't seen a case that has been expedited due financial reasons , so most likely, they won't expedite your case.

My tip, get your financial act together. Most people here are dealing with financial issues and this process isn't cheap, but try to manage to meet the financial requirements and get in the waiting line.

As your criminal background, you sent in some documents, you've been honest about it. They might ask for extra documents if not all presented (RFE) and/or your case can be delayed.

IMHO: they won't deny your case, because like we all know and have seen, are cases that were worse than yours and still got approved.

Good luck!!!

Edited August 16, 2011 by Channah&Aaron

[Gary and Alla 3,696]

After inquiring with USCIS a few days ago about the possibility of having my I-129F case expedited based on financial emergency, I was rejected. The email sent by USCIS informing me of the rejection said the following about my case status:

"...Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete."

Now, my question is to the nature of this background check. I informed USCIS of my past run-ins with the law--i.e. that I have a couple of misdemeanor marijuana possession charges as well as a misdemeanor simple assault charge--each of which date back to 2005 and prior. I have long since served the required probationary sentences, and have been without even a traffic ticket in years. I sent the USCIS certified documents from all of my local authorities. I believe that I was very thorough in my presentation of the facts concerning my background.

So, does anyone know if this deal with my criminal background is the reason for the postponement? Or could the statement above from USCIS include more than just criminal background--i.e. maybe the background of my relationship with Julia, my work background?

Quite simply, I am confounded as to why this case is taking so long to be approved. I see others all over Visa Journey who've received their NOA2 within two or three months, and I am now 6 months removed from my NOA1, and not a peep. Well, that is until yesterday when I received word that an expedite is not possible. I suppose I can be grateful that I heard that much!

Trusting my God and Savior to move....

You cannot expedite a K-1 for financial emergency A K-1 is not work eligible so it isn't like she is going to be able to help you financially for some months after she arrives AND you have to prove you can support her TWICE before she will get authorization to work.

You have to wait. Your past history coud be causing a delay.

[StvM 1]

After inquiring with USCIS a few days ago about the possibility of having my I-129F case expedited based on financial emergency, I was rejected. The email sent by USCIS informing me of the rejection said the following about my case status:

"...Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete."

Now, my question is to the nature of this background check. I informed USCIS of my past run-ins with the law--i.e. that I have a couple of misdemeanor marijuana possession charges as well as a misdemeanor simple assault charge--each of which date back to 2005 and prior. I have long since served the required probationary sentences, and have been without even a traffic ticket in years. I sent the USCIS certified documents from all of my local authorities. I believe that I was very thorough in my presentation of the facts concerning my background.

So, does anyone know if this deal with my criminal background is the reason for the postponement? Or could the statement above from USCIS include more than just criminal background--i.e. maybe the background of my relationship with Julia, my work background?

Quite simply, I am confounded as to why this case is taking so long to be approved. I see others all over Visa Journey who've received their NOA2 within two or three months, and I am now 6 months removed from my NOA1, and not a peep. Well, that is until yesterday when I received word that an expedite is not possible. I suppose I can be grateful that I heard that much!

Trusting my God and Savior to move....

It is very simple situation. Read more on NAME CHECKS with FBI. Been there, done that... If you didn't fall into "automatic response" it might take a while for name check to clear, and I'm saying it from personal experience.. http://www.fbi.gov/stats-services/name-checks/name-checks-faqs

Edited August 16, 2011 by StvM