Revealing Criminal Record on Forms:

[Robert D 0]

Hello, I am searching for my answer here but cannot find the exact question/answer in the forums: Was the form I-129F revised at some point in the past few years? I ask this because as I have mentioned I have had 2 K-1 visas approved (2009, she came here to US and we married but divorced in 2013, then 2014 however she never came here to US- Yes, I am aware of the multiple filer waiver) and the only questions asked regarding criminal records/conviction, arrests, charges, etc. had to do with violent / domestic violence crimes, human traffic involvement, substance abuse and things related but none of those applied to me and there was no question of other types of crimes. I see now that in Section 3- Lines 4a & 4b is asks if I have ever been arrested, convicted, charged, etc. of ANY type of crime at all anywhere at any time in my lifetime.

I pleaded No Contest to doing construction work without a contractor's license many years ago and when I was about 19 years old (1979-80) I also pleaded No Contest to NSF checks (writing checks on an account where there re insufficient funds); I have been open about this any time i was asked. Can I just simply explain this on a separate sheet of paper? I hope I don't need to go to court to request documents or records; Also I have approximate dates, not exact dates.

I do know these are not the types of offenses that will keep me from being approved.

Did I miss this the first 2 times I filed and was still approved? I am sure they have all this info right there when they need it... Thanks!

[geowrian 22,335]

Yes, the form is updated regularly. In 2017 they removed the need for the G-325 by incorporating the questions into the I-129F. They also updated the wording for criminal histories, as you have noted.

 

Those crimes shouldn't impact the petition's approval, but they do need to be disclosed. You should also provide court documents/police records for each charge, along with its final disposition, even if not strictly required by the petition itself.

[Robert D 0]

13 minutes ago, geowrian said:

Yes, the form is updated regularly. In 2017 they removed the need for the G-325 by incorporating the questions into the I-129F. They also updated the wording for criminal histories, as you have noted.

 

Those crimes shouldn't impact the petition's approval, but they do need to be disclosed. You should also provide court documents/police records for each charge, along with its final disposition, even if not strictly required by the petition itself.

Thanks Geowrian,

The word "disposition" is a bit confusing in this context because the word has several definitions; It says in the instructions to include "record and/or disposition of each incident" so to me this looked like an explanation in my own words is sufficient in place of those records...

[geowrian 22,335]

39 minutes ago, Robert D said:

Thanks Geowrian,

The word "disposition" is a bit confusing in this context because the word has several definitions; It says in the instructions to include "record and/or disposition of each incident" so to me this looked like an explanation in my own words is sufficient in place of those records...

Basically, documentation of the final outcome of the case (i.e. sentencing or final settlement of the case).

It is not stated in the I-129F or instructions that court records are actually required here, but we have seen an increasing number of RFEs for them anyway.

[pushbrk 12,105]

Whether court records related to that specific question will be needed depends on whether there are any available and what kind of crime it was.  The best practice would be to provide any record that IS available, along with your explanation.  A "disposition" would be something like "pleaded no contest and receive X hours of community service..." etc.

[huttohorn 8]

Hi everybody I have a quick question regarding part 3 question 4a.

A few years ago I received a public urination charge during a tailgating event in college. I received a $100 fine and just received deferred adjudication that if I stayed out of trouble for 6 months it would be wiped off my record.

Fast forward to this past March, I filed a request to obtain my criminal records from the state. It shows on there I have no criminal history at all. Is this public urination thing something I still need to disclose? And if so how do I go about finding the information regarding the charge? Because as of right now I don't even remember the month or the year it happened. Thanks everyone!

[Robert D 0]

9 hours ago, huttohorn said:

Hi everybody I have a quick question regarding part 3 question 4a.

A few years ago I received a public urination charge during a tailgating event in college. I received a $100 fine and just received deferred adjudication that if I stayed out of trouble for 6 months it would be wiped off my record.

Fast forward to this past March, I filed a request to obtain my criminal records from the state. It shows on there I have no criminal history at all. Is this public urination thing something I still need to disclose? And if so how do I go about finding the information regarding the charge? Because as of right now I don't even remember the month or the year it happened. Thanks everyone!

Hello Huttohorn,

I think you mistakenly posted your question in my thread?

[Robert D 0]

Each time I think I am about finished completing my forms and am ready to file, something else seems to pop up; I know now that I must list a couple of convictions (none are violent or substance/drug related) which should not hinder my approval however now I am confused regarding that "waiver"; I know about the multiple filer waiver and am prepared to file that however do I also need to submit a criminal record waiver if none of my crimes are listed as violent, drug related, etc? Or am I just to file the Multiple Filer Waiver?

 

[huttohorn 8]

10 minutes ago, Robert D said:

Hello Huttohorn,

I think you mistakenly posted your question in my thread?

You're right! My apologies Robert!! I wasn't paying attention to the exact thing I was posting in, my mistake. I thought I was posting in one of those running threads. I'll see if I can get that post deleted. Thanks for the heads up!

[Robert D 0]

Just now, huttohorn said:

You're right! My apologies Robert!! I wasn't paying attention to the exact thing I was posting in, my mistake. I thought I was posting in one of those running threads. I'll see if I can get that post deleted. Thanks for the heads up!

Yes, no problem I wish I knew the answer to your question.

[Waterlilyh20 3]

I have a question I have a misdemeanor conviction in 2015 for trying to obtain aide welfare fraud I completed the community service and paid back the money ... all this is for the first time getting social services and not providing all documentation a pay check stub even tho I wrote the amount down. Lesson learned!!!!!  Will this hinder me from filing my k-1 petition 

[Sarge2155 4,570]

On 10/8/2018 at 6:23 PM, Waterlilyh20 said:

I have a question I have a misdemeanor conviction in 2015 for trying to obtain aide welfare fraud I completed the community service and paid back the money ... all this is for the first time getting social services and not providing all documentation a pay check stub even tho I wrote the amount down. Lesson learned!!!!!  Will this hinder me from filing my k-1 petition 

I guess you got your answer with your approval in 92 days, wow I would have not of thought it!!!!