petitioners criminal record

[UsaBound82 3]

Hi everyone,

Firstly, if there is a thread already on this can someone please forward me onto it.

My partner (petitioner, usa citizen) has a record of domestic violence. we are about to send the folder in for our initial application (YAY!, taken 3 months to get this far) but neither of us can seem to find where we get the documentation for his police and court records. he has also spent time in jail. does he need paperwork for that too? it was in michigan state that the incident happened.

what i am asking is where do i go to get this info and does he need prison records too?

or will it be ok to send a letter explaining that we are currently in the process of getting the records and while waiting for the ROE get the paperwork together? im thinkin do the letter as our deadline is 19th April.

either way i need to know where to go to get the paperwork. my partner has ADD (attenton deficit disorder) so he gets frustrated when he cant find what he needs hence why i am goin to do it for him.

 

any help will be GREATLY appreciated.

 

Thanks  

[mallafri76 1,012]

Normally you can do a FOI request but since you need certified copies, I think he has to request his papers from the court clerk. 

 

Yes, you need certified copies for the domestic violence charge and any other crimes specified on the I-129. Also, as your fiancé's crimes fall under VAWA, you're gonna need a waiver too.

 

Edit: due to your fiancé's criminal history, it might be easier for you to do the spousal visa.

Edited April 4, 2017 by mallafri76

[JFH 12,190]

Are you just starting out with the I-129F? If so, he must submit copies of his records if he has been convicted of DV. Not much point sending the form without those documents. It won't be processed until they get them anyway. 

 

Have you considered a spousal visa? You don't have to send any documents pertaining to his criminal record for a spousal visa. My husband has a felony and spent some years in prison. We were approved for a spousal visa with no problems. 

 

Is he the father of your child? If not, you will, at some point, need paperwork giving consent to take him out of the country permanently. Is that going to be an issue? Is your child's father happy that his son is going to be living with a man with a violent past? 

 

At my visa interview I was questioned about my husband's felony and whether I knew all the details and implications. I took a bundle of papers with me - transcript from his sentencing hearing (he pled guilty so there was no trial), his prison record, even a transcript of the 911 call at the time and the arresting officer's report to prove that I knew everything. 

Edited April 4, 2017 by JFH

[UsaBound82 3]

2 minutes ago, JFH said:

Are you just starting out with the I-129F? If so, he just submit copies of his records if he had been convicted of DV. Not much point sending the form without those documents. It won't be processed until they get them anyway. 

 

Have you considered a spousal visa? You don't have to send any documents pertaining to his criminal record for a spousal visa. My husband has a felony and spent some years in prison. We were approved for a spousal visa with no problems. 

 

Is he the father of your child? If not, you will at some point need paperwork giving consent to take him out of the country permanently. Is that going to be an issue? Is your child's father happy that his son is going to be living with a man with a violent past? 

 

At my visa interview view I was questioned about my husband's felony and whether I knew all the details and implications. I took a bundle of papers with me - transcript from his sentencing hearing (he pled guilty so there was no trial), his prison record, even a transcript of the 911 call at the time and the arresting officer's report to prove that I knew everything. 

yeah. we have considered the spousal but feel it would take longer that way, dont want to be married and have to wait to be a family. he spent 90 days in.

no he is not the father. the father left the picture a long time ago. there actually is no father on the certificate. been thinking about trying to get my partner on his certificate if it can help our situation.

[JFH 12,190]

But you are going to need a waiver and you're waiting for court records. These are going to add time. The difference between K-1 and CR-1 is a couple of months. Mine was 10 months and 1 day from NOA1 to interview. You have already added extra time that you wouldn't need to do for a CR-1. The CR-1 has other advantages too - you are a permanent resident immediately upon arrival, it's cheaper and is quicker to a green card. You can visit during the process. Just letting you know. Of course it's your choice what you feel is right for you.

[UsaBound82 3]

thanks for all the advice.