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Filed: K-1 Visa Country: Japan
Timeline
Posted

Hello my friends, I will soon be starting the process for my wife unconditional Greencard from a marriage base petition.

My question is on the instructions it says under Criminal History, if no criminal record is available, an original statement from the Court that no record exists of your arrest or conviction.

Of course, my wife has no arrests, no criminal case of any sort against her. So, how do we request this statement and from what Court. A city court, county court, a federal court????? How to I request this statement and specifically from what Court. Any help would be appreciated.

Thank you again

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Carefully read page 3 of the I-751 instructions: "IF you have ever been arrested or detained......"

IF she hasn't, then there is nothing to report. :thumbs:

http://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Filed: K-1 Visa Country: Japan
Timeline
Posted

If your wife has no arrests, no criminal case of any sort, then you don't have to submit anything from court or whatever.

Thank you Merrytooth, do you feel comfortable with your answer? I only ask because in the instructions of the i-751 it says to provide a statement from the court if there is no record available that there is no criminal history? Thanks again

Posted

Thank you Merrytooth, do you feel comfortable with your answer? I only ask because in the instructions of the i-751 it says to provide a statement from the court if there is no record available that there is no criminal history? Thanks again

Yes, read Pitaya's response.
No criminal records = nothing to report.
USCIS will do background check again during the Biometrics (take the fingerprints).

Carefully read page 3 of the I-751 instructions: "IF you have ever been arrested or detained......"

IF she hasn't, then there is nothing to report. :thumbs:

http://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

Done with K1, AOS and ROC

Filed: Citizen (apr) Country: Mexico
Timeline
Posted (edited)

The key to getting through the process with no issues is to CAREFULLY read all the directions and do exactly what they say. The section about getting court records is crystal clear if you read carefully -- nothing required if she has never been arrested

Edited by Done--Really
Filed: K-1 Visa Country: Japan
Timeline
Posted
Yes, read Pitaya's response.
No criminal records = nothing to report.
USCIS will do background check again during the Biometrics (take the fingerprints).

Thank you for the reassurance. Also Merrytooth I posed a question about is there an Affadavit of Support required for the i-751. I received one comment saying "No". I should of copied and pasted it, but in one of the questions in this forum I seen that an Affadavit of support is required. I am confused. Can this for sure be clarified. Also one more question looking through the instructions of the i-751, there is nothing about sending copies of passports, birth certificates (no children in my petition, just my wife). They do request a copy of the marriage certificate, but no things such as copies of drivers license, social security card , etc. I am assuming maybe because all of this was done on the I-129F processing? Any info would be appreciated. Many thanks again

Posted

The ROC process is to show USCIS that you entered into the marriage in good faith and the marriage is still ongoing if filing joint. So, to answer your question, affidavit of support is not needed for the ROC process as that doesn't proof anything. Copies of passports aren't required either because your nationality has already been established during the AOS process.

Marriage certificates aren't needed for ROC, again, because this process is not to verify that you're married but that you have maintained (in the eyes of USCIS), an ongoing good faith marriage. So the things you need for this ROC are evidence that you and your spouse are in a good marriage.

The copies of both Driver's license is only to show that you and your spouse have the same address. If you have different addresses on the DL, then it's not good evidence. The key is to send as much good evidence that proofs the authencity of your marriage as possible. For examples of good evidence, you can read the guide: http://www.visajourney.com/content/751guide

and

http://www.visajourney.com/forums/topic/220440-i-751-evidence/

All the best!

Thank you for the reassurance. Also Merrytooth I posed a question about is there an Affadavit of Support required for the i-751. I received one comment saying "No". I should of copied and pasted it, but in one of the questions in this forum I seen that an Affadavit of support is required. I am confused. Can this for sure be clarified. Also one more question looking through the instructions of the i-751, there is nothing about sending copies of passports, birth certificates (no children in my petition, just my wife). They do request a copy of the marriage certificate, but no things such as copies of drivers license, social security card , etc. I am assuming maybe because all of this was done on the I-129F processing? Any info would be appreciated. Many thanks again

Filed: Timeline
Posted

Hello my friends, I will soon be starting the process for my wife unconditional Greencard from a marriage base petition.

My question is on the instructions it says under Criminal History, if no criminal record is available, an original statement from the Court that no record exists of your arrest or conviction.

Of course, my wife has no arrests, no criminal case of any sort against her. So, how do we request this statement and from what Court. A city court, county court, a federal court????? How to I request this statement and specifically from what Court. Any help would be appreciated.

Thank you again

To further help you with your question, you cannot produce a document that does not exist. your wife has never been arrested and there is no criminal charges against her, this means that she has to answer no to these questions. if she answers yes to any arrest or charges, then she must produce these documents because they now exist. It's a yes/no situation.
Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

~Attempted thread hijack posting removed and placed in previously posted similar-themed thread.~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

 
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