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Filed: Country: Philippines
Timeline
Posted

please submit certified copies of all court and police records showing the charges and dispositions, for every such conviction.This is required even if ur records were sealed or otherwise cleared or if anyone,including a judge, a law enforcement officer or attorney, told you that you no longer have a record..

As far as I know my fiancée had sent all of the documents with regards to his police records, since in late 2005 he has committed a misdemeanor battery but it was terminated thereafter the case was closed…so my question is what else do they need?do they need the latest update that he was cleared already????please help!

Filed: AOS (apr) Country: Philippines
Timeline
Posted

please submit certified copies of all court and police records showing the charges and dispositions, for every such conviction.This is required even if ur records were sealed or otherwise cleared or if anyone,including a judge, a law enforcement officer or attorney, told you that you no longer have a record..

As far as I know my fiancée had sent all of the documents with regards to his police records, since in late 2005 he has committed a misdemeanor battery but it was terminated thereafter the case was closed…so my question is what else do they need?do they need the latest update that he was cleared already????please help!

It is true that no records are hidden from USCIS. There is no such thing as sealed or expunged.

It seems you aware the focus is the Assualt "battery" charge is the issue. I think what they are looking for is not copies but a up-to-date disposition from the Court with a signature from the clerk stating the outcome of the charges and/or arrest at that time. This new document to satisfy USCIS should be stamped/signed by the County Clerk. Save the Original. A copy is fine to satisfy. I would suggest to pay for 2 Originals and send One as well.

Battery is abuse. There was an Arrest and the record stands. The RFE wants to verify Documents before they let your Petition proceed.

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5/25/11.......Received RFE
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Filed: K-1 Visa Country: Philippines
Timeline
Posted

No, it does not matter what he was CHARGED with, it only matters that he was CONVICTED of. Even if it is "sealed", "expunged" etc.. he needs to supply the records and maybe some discussion. This is done pretty much for the Fiancee's benefit so they can know any records the petitioner has.

Filed: Country: Philippines
Timeline
Posted

@elyhim- yeah,ill let him know about this.. my fiancee ddin't thought of things like this will come his way...tho it was a long time ago it has affected the present situation which is his petition over me..hopefully we cud fix this as much as possible..we just want to be together...thnx for ur advice:)

Posted (edited)

Save the Original. A copy is fine to satisfy.

submit certified copies of all court and police records

I-129F instructions, Page 3, 7.,A.

The COPY NEEDS TO BE AN ORIGINAL. Other than this part, I agree with most of what you said. They do not want a photocopy of this. It has to be a certified original copy. Original meaning from the place it was issued.

OP, you said you thought he sent his record. Maybe he did. However, he might have just submitted a background check. This would still warrant an RFE. The requirement for certain offenses under IMBRA is CERTIFIED COPY of court record for each crime AND certified police record. The certified court record can be obtained at the court where the case took place. Check with his state bureau of investigations on how to obtain a certified police record for immigration purposes. In the case of my state, this is what I would need to do.

Edited by ToddnJessa

Our K-1 and AOS Journey

05/12-05/22/10-met my sweetheart and family(had lots of fun!)
12/13-12/26/11-met again for engagement/Christmas
04/10/12-I-129F petition sent
04/13/12-USPS delivery confirmation
04/18/12-NOA1 text/email
04/21/12-NOA1(receipt 04/17/12)
10/10/12-NOA2 text
10/15/12-NOA2 letter received
10/27/12-NVC letter received
11/28/12-Medical Exam-PASSED
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02/12/13-POE-Atlanta
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04/08/13-NOAs received
04/26/13-Biometrics appointment(walk-in done 04/17)

06/03/13-EAD card production/AP post decision approval

06/10/13-EAD/AP combo card received

04/04/14-AOS card production/decision

04/11/14-NOA2 welcome to the USA

04/12/14-Received GC

Filed: Country: Philippines
Timeline
Posted

@toddnjessa- yes i have spoken with my fiancee already and he is going to settle all this stuff so that we could be able to send the needed documents for our RFE as soon as possible,hopefully it won't take long at all...I highly appreciate ur effort in responding over with our problem.. thnx2x much!:)

 
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