Refused???

[John & Rose 7,237]

8 minutes ago, Hank_ said:

Yep.  I realize that.  The only problem is the required documentation does not exist.  I am putting together all I can and I also asked the CO for consideration. It can't hurt.  I know that I screwed up but I need to fix it.

[Hank_ 9,173]

8 minutes ago, John & Rose said:

Yep.  I realize that.  The only problem is the required documentation does not exist.  I am putting together all I can and I also asked the CO for consideration. It can't hurt.  I know that I screwed up but I need to fix it.

I was referencing to your lawyer saying No was the correct answer.     The wording is arrested or .....

[Ontarkie 13,920]

 Someone at the court house is either not wanting to bother searching the date base to find and request them. It does usually take a bit of time but they can be recovered. If you called you should go down and talk to someone. Files after so many years just aren't in the computers, they need to search the log books. 

Edited April 28, 2018 by Ontarkie

[John & Rose 7,237]

I have a certified letter from the clerk of the United States Circuit Court of the Eighteenth District that all paper copies have been shredded and all digital copies have been erased. I have the same letter from the arresting police department. I believe the only legal copies still around are in the Federal Database. They may be lying but I also have the judges order so if there are copies available there is a bigger issue. Lol

 

i guess they take expungement seriously there. 

 

My lawyer has a copy in his files. It can’t be certified but it is something. 

[John & Rose 7,237]

1 hour ago, Hank_ said:

I was referencing to your lawyer saying No was the correct answer.     The wording is arrested or .....

Yes. I know it was bad advice. Maybe it is ok advice outside of immigration. To defend him, he did say that in 2012, way before I was even imagining doing what I’m doing now. 

[Chris Duffy 1,256]

10 hours ago, John & Rose said:

I have a certified letter from the clerk of the United States Circuit Court of the Eighteenth District that all paper copies have been shredded and all digital copies have been erased. I have the same letter from the arresting police department. I believe the only legal copies still around are in the Federal Database. They may be lying but I also have the judges order so if there are copies available there is a bigger issue. Lol

 

i guess they take expungement seriously there. 

 

My lawyer has a copy in his files. It can’t be certified but it is something. 

If there are judges order then it for sure it's done.  Nobody would mess around with a judges order unless they are wanting some time in jail. Judges don't play

[Hank_ 9,173]

10 hours ago, John & Rose said:

Yes. I know it was bad advice. Maybe it is ok advice outside of immigration. To defend him, he did say that in 2012, way before I was even imagining doing what I’m doing now. 

Ah, he wasn't referring to that section of the I-129F, for that section asks "arrested or convicted"   

[John & Rose 7,237]

I believe I have to request the return of original documents since we don't want to go get the Korean and Irish police certificates again.  We can get a new Cenomar but they may have original annulment court paperwork.

[Hank_ 9,173]

1 hour ago, John & Rose said:

I believe I have to request the return of original documents since we don't want to go get the Korean and Irish police certificates again.  We can get a new Cenomar but they may have original annulment court paperwork.

IF .. if they will release them.   Hope they do .. make things much easier for you two

[John & Rose 7,237]

It doesn’t look like they will. They say they will release originals that were submitted but not needed.  We will get the police certs again. At least we know what we need to do. What a great life lesson this is. I feel terrible for Rose and the kids. Starting over right now is killing me. It is my fault. I hope others learn from my mistakes. 

[John & Rose 7,237]

Now I have a question for those more familiar with the Filipino culture.  I keep looking towards another K-1 but I wonder if Rose and the kids would feel more confident with a CR-1.  I will marry her in a heartbeat no doubt.  I wonder if culturally that would be the better route.  Will she feel better if we are married and take a little longer to be together or is being together quicker the better solution.  Culturally they are quite different and all I want is to make her feel better and more confident.  She won't answer me when I ask her but she knows I was leaning towards K-1.  She just does the "I will do whatever you feel is best"...

 

I know that she will be nervous until the next K-1 interview because we were blindsided with the refusal.  I just want to give her and the kids the life they deserve and I want to do what is best in their eyes.  I want them to know that I am with them forever.  I can do either but if they will feel better if we are married right away than I will be on the next plane.

 

Any thoughts?

Edited April 28, 2018 by John & Rose

[GP1977 288]

3 minutes ago, John & Rose said:

Now I have a question for those more familiar with the Filipino culture.  I keep looking towards another K-1 but I wonder if Rose and the kids would feel more confident with a CR-1.  I will marry her in a heartbeat no doubt.  I wonder if culturally that would be the better route.  Will she feel better if we are married and take a little longer to be together or is being together quicker the better solution.  Culturally they are quite different and all I want is to make her feel better and more confident.  She won't answer me when I ask her but she knows I was leaning towards K-1.  She just does the "I will do whatever you feel is best"...

 

I know that she will be nervous until the next K-1 interview because we were blindsided with the refusal.  I just want to give her and the kids the life they deserve and I want to do what is best in their eyes.  I want them to know that I am with them forever.  I can do either but if they will feel better if we are married right away than I will be on the next plane.

 

Any thoughts?

I don’t know anything about Filipino culture but here are thoughts that would be running through my head and I am sure you have thought of these. I think the foreign benenfociry will be anxious during the k1 process, already been denied once and filing again quickly for an honest mistake but will uscis or embassy consider it a material misrepresentation and deny again? Doubtful but maybe possible? I dunno.  Sure marriage visa takes a few months longer but it’s a pretty sure thing and you have demonstrated your commitment to the process to rose and kids by marrying (not saying she doesn’t know you aren’t committed now but it’s official in the eyes of the courts) And they get green card upon entry. It’s a tough decision and pros and cons for both sides. Only you know what’s best. 

[Hank_ 9,173]

9 minutes ago, John & Rose said:

Now I have a question for those more familiar with the Filipino culture.  I keep looking towards another K-1 but I wonder if Rose and the kids would feel more confident with a CR-1.  I will marry her in a heartbeat no doubt.  I wonder if culturally that would be the better route.  Will she feel better if we are married and take a little longer to be together or is being together quicker the better solution.  Culturally they are quite different and all I want is to make her feel better and more confident.  She won't answer me when I ask her but she knows I was leaning towards K-1.  She just does the "I will do whatever you feel is best"...

 

I know that she will be nervous until the next K-1 interview because we were blindsided with the refusal.  I just want to give her and the kids the life they deserve and I want to do what is best in their eyes.  I want them to know that I am with them forever.  I can do either but if they will feel better if we are married right away than I will be on the next plane.

 

Any thoughts?

Has NOTHING to do with culture.   Truly asking in the wrong direction.    This is a question for only Rose.

 

As for the worry/stress it will be no less if pursuing the IR/CR-1  .. nothing is over until the interview.

Edited April 28, 2018 by Hank_

[John & Rose 7,237]

2 minutes ago, GP1977 said:

I don’t know anything about Filipino culture but here are thoughts that would be running through my head and I am sure you have thought of these. I think the foreign benenfociry will be anxious during the k1 process, already been denied once and filing again quickly for an honest mistake but will uscis or embassy consider it a material misrepresentation and deny again? Doubtful but maybe possible? I dunno.  Sure marriage visa takes a few months longer but it’s a pretty sure thing and you have demonstrated your commitment to the process to rose and kids by marrying (not saying she doesn’t know you aren’t committed now but it’s official in the eyes of the courts) And they get green card upon entry. It’s a tough decision and pros and cons for both sides. Only you know what’s best. 

I am not too concerned about misrepresentation since the mistake was not an attempt at fraud and answering “yes” was the only issue. It is not a protected crime and it was expunged by order of the US Circuit Court after a lengthy period where any number of agencies could have simply not agreed and it would not have been enacted. The judges comments showed that I may have saved lives by my actions so why would I purposely try to hide that. It was a stupid mistake on my part and I need to clean it up. 

 

I will see if USCIS is still taking 10 months for NOA2. If the timeframes are getting better I will do the K-1. If they are still 10 months then a couple months and the green card sooner makes more sense. 

[GP1977 288]

20 minutes ago, John & Rose said:

I am not too concerned about misrepresentation since the mistake was not an attempt at fraud and answering “yes” was the only issue. It is not a protected crime and it was expunged by order of the US Circuit Court after a lengthy period where any number of agencies could have simply not agreed and it would not have been enacted. The judges comments showed that I may have saved lives by my actions so why would I purposely try to hide that. It was a stupid mistake on my part and I need to clean it up. 

 

 

Was your criminal offense a state or federal crime? 

For purposes of immigration, the USCIS will continue to treat an expunged or sealed record as a criminal conviction. USCIS doesn’t care about state expungements. It’s still a conviction in their eyes and many lawyers will tell you otherwise but I am an attorney myself and have researched this. For example in Maryland a probation before judgement is not a conviction at the state level but the federal govt recognizes it as a conviction in their database. Google it and do some research and you will find articles that explain this. 

 

And yes having the green card at Poe would be an awesome thing