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Arrest but no charge

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6 minutes ago, payxibka said:

It's called thread piling on when a poster reacts before reading the entire thread and thus your subsequent realization.   No need to apologize 

 I did read the entire thread, OP hasn't replied since John realized his mistake (and frankly, it's not the greatest advice to answer someone you think is a newbie with a final-sounding answer for only one stage of the application anyway-- most people are often concerned about the overall picture and newbies often don't know the difference--- an issue not addressed) and no one yet had brought up the fact that this will be an issue during AOS as well, with links to the relevant portion of the application. 

 

I chose the worst bit of advice on the entire thread to clear that up and tagged the OP to be sure he saw it (again, he hasn't responded since John realized it was a mistake), and alert him to the AOS problem.

Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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Filed: AOS (apr) Country: Philippines
Timeline
3 minutes ago, Pennycat said:

 I did read the entire thread, OP hasn't replied since John realized his mistake (and frankly, it's not the greatest advice to answer someone you think is a newbie with a final-sounding answer for only one stage of the application anyway-- most people are often concerned about the overall picture and newbies often don't know the difference--- an issue not addressed) and no one yet had brought up the fact that this will be an issue during AOS as well, with links to the relevant portion of the application. 

 

I chose the worst bit of advice on the entire thread to clear that up and tagged the OP to be sure he saw it (again, he hasn't responded since John realized it was a mistake), and alert him to the AOS problem.

Your aos info was new valid content,  however,  since a majority of the posters in the thread did have the scenario right and had previously informed John of his error your clearing up was still unneeded as it had already been cleared.   All you did was pile on.  

YMMV

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Filed: K-1 Visa Country: Guatemala
Timeline

I was paying close attention to the I-29F the section 3 where it asks for Criminal history, I thought it was for the beneficiary not for the petitioner. I was told that was for the beneficiary because that is the person migrating to the US.

Now I am a little bit worry because I do have criminal history that luckily was expunged and sealed but I did not disclose it. thinking that it was part of the beneficiary section.

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10 minutes ago, payxibka said:

Your aos info was new valid content,  however,  since a majority of the posters in the thread did have the scenario right and had previously informed John of his error your clearing up was still unneeded as it had already been cleared.   All you did was pile on.  

 

And, again, OP has not seen John's confirmation of his mistake, nor has it been acknowledged that giving advice about something as serious about an arrest and limiting it to one narrow part of the process is potentially not the best move. No one is tying to "pile on" anything, and your accusation that I didn't read the thread first is false. Additional (not repeated) clarification of what the mistake is and how that effects the advice given to OP never hurts, and in this case, in my opinion was very much needed. 

 

Further, I don't believe that you're a moderator and I also think that telling other people what the can and cannot write about may be a violation of the TOS.

Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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Filed: AOS (pnd) Country: El Salvador
Timeline
13 minutes ago, Fernando&Steven said:

Now I am a little bit worry because I do have criminal history that luckily was expunged and sealed but I did not disclose it. thinking that it was part of the beneficiary section.

You perjured as per the I-129F and its instructions:

Quote

I have read and understand every question and instruction on this petition and my answer to every question.

Quote

By signing this petition, you have stated under penalty of perjury (28 USC section 1746) that all information and documentation submitted with this petition is complete, true, and correct.

Your Input Is Appreciated On This VJ Guide Proposal: 

 

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  • 1 year later...
Filed: K-1 Visa Country: Kosova
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On 10/24/2018 at 3:41 PM, John & Rose said:

Expunged or not doesn't matter.  You have to report the arrest and give the information that is required.  Your refusal would be for not disclosing the information.  The arrest won't matter as much as your honesty in reporting it.  

 

Answer "yes" to the arrest question and always be honest...

 

Here is why.  I was arrested in 1990 for a misdemeanor battery.  The charges were dropped and the arrest was expunged.  There is NO public record at the arresting department, county court or state.  It is completely off my public record.  I followed advice of an agency I paid to help me and I answered "no".  After all, the arrest was removed by the circuit court and no record of it exists at all.  We were denied during AP AFTER THE INTERVIEW because I failed to disclose information.  The arrest would not impact the petition but not disclosing it did.  Just ALWAYS be honest.  They know and they have access to the Federal Crime Database.  There may be no public records but they are NEVER removed from the Federal database.

 

If you read the directions closely (I didn't) it states to report ANY arrest even if expunged and even if someone tells you not to disclose it.  I really wish I looked closer when I originally filed.

 

All this is due to the Adam Walsh Act and the IMBRA Law.  The US Government wants to make sure that the beneficiary really knows all about the petitioner.  There are no criminal background questions on the I-130 (Spousal visa).

I was arrested for what would fall into the category of dating violence. However, all I can get is a court certified copy of disposition. The document states that I was arrested, charged, and that my charges were dismissed. However, I have no document from the court or police stating why I was arrested. Is my support sufficient? Also, how did you overcome the denial? 

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6 minutes ago, Rob Beri said:

I was arrested for what would fall into the category of dating violence. However, all I can get is a court certified copy of disposition. The document states that I was arrested, charged, and that my charges were dismissed. However, I have no document from the court or police stating why I was arrested. Is my support sufficient? Also, how did you overcome the denial? 

Give all you can find. The certified court docs you mention may be enough. 
 

We ended up getting married and did the spousal visa

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

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On 11/27/2019 at 10:35 PM, Rob Beri said:

Did the spouse visa get you approved?

Yes, quickly and easily.  We were just 9 months from filing to VOH.  No questions at all.

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

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Filed: K-1 Visa Country: Kosova
Timeline
10 hours ago, John & Rose said:

Yes, quickly and easily.  We were just 9 months from filing to VOH.  No questions at all.

I am glad you overcame this. Hopefully, it will go smooth for us too. 

Edited by Rob Beri
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Filed: K-1 Visa Country: Philippines
Timeline
On 10/24/2018 at 1:33 PM, Nnnnnn said:

Hi all, 

 

im really stuck with a situation involving an arrest that happened to me when I was 17.

basically, I was arrested with possession with intent. However, I was not actually charged (i would also like to use this time to say I actually was in the wrong place at the wrong time and had no involvement with these drugs, they was thrown on the ground so I was arrested as a part of the police process) I work for my local police so I know I don’t have s criminal record as I was vetted to highest standard when I got my job.

i do not have a criminal record, however I did a freedom of information request and this popped up. I have applied for this to be deleted from my police check record and just waiting back. My fear is that they will not delete and this will be used as a reason for refusal. Does anyone know where I would stand with this non charge offence? There is some exceptions to ineligibility but not sure if this fits, legal advice is just going to cost too much. 

Thankyou in advance for any feedback. 

Expunged, sealed, dropped or the likes.  If you have ever been arrested, charged or the likes...you need to report it and provide criminal records from your local or state record dept and you need to admit it on the form.  If you don't you are not being forthwith and could very well dig yourself into a deep hole.

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Filed: Citizen (apr) Country: Canada
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