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Nicholasstarr

Criminal history

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12 hours ago, Nicholasstarr said:

Only forms I 129f ask about your criminal history. Filling out form i-130 does not. if you follow the instructions on USCIS government website it cannot be more clear in the instructions on how to fill it out that it is not a required field. For cr1 only.

If all the lawyers you have called have advised you to disclose the information, and knowing the fact that the government does actually check all this, why would you omit this information  and risk having your petition denied or having it take longer than it otherwise would to get approved?

Edited by TBoneTX
noncontributory comment removed

- Removal of Conditions Timeline -

07/31/17 - Mailed I-751 package to California Service Center

08/01/17 - Package delivered to CSC

08/05/17 - NOA1 received by US mail

08/10/18 - Rec'd new NOA1 with 18 month extension instead of 12 months

10/15/18 - Case transferred to Nebraska

12/26/18 - ROC Approved

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Filed: K-1 Visa Country: Jamaica
Timeline

Maybe he is wondering WHERE to disclose the information if the form he is filing is not asking for his criminal history.

Edited by Jenny17655
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8 hours ago, Nicholasstarr said:

I'm just not understanding why immigration attorneys are telling me that I need to supply them with criminal records? But, I'm not filling k3 or k1? The form i130 does not ask for those records? Are they trying to get extra fees out of me for filling out an extra piece of paper because there's really no money in this? I'm seriously starting to believe that regular normal everyday people who do self filing know more about this process than members of the bar association. Even if you go to uscis.gov and read the instructions it is crystal clear how to fill them out and if you're trying to apply for a k3 can you have two combined I 129f and I 130 forms together to petition that which is what requires criminal records because of the form I 129f but if the k3 Visa is obsolete and no longer given then that only leaves form i-130 and on form i-130 there is no field to fill in for criminal history? 

You better file the petition I-30 or 1-129 by yourself instead of hiring a lawyer to save your money. Visajourney members can help you if you need to know about how to fill it and how to file it. Other Immigration lawyers will confuse you that seems they don't know which advise is helpful to your case or petition. It happened to me. I wish I had known visajourney before when we filed for my AOS. I came here under B1 visa (business/work).

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Filed: K-1 Visa Country: Algeria
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9 hours ago, Nicholasstarr said:

I-129f FILERS OR K1 FIANCE FILERS PLEASE DO NOT RESPOND TO THIS POST. 

Hahaha....are you serious?

 

Because, in my opinion  (even though....gasp.... My petition was a k1) it appears you are trying to not disclose your criminal history (even though all attorneys tell you to do so). 

 

Some DV charges fall under the AWA.

 

 I would take your attorney’s advice......

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Filed: Citizen (apr) Country: Ecuador
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A noncontributory comment has been removed from a post above.  Be mindful of the Terms of Service.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (apr) Country: Canada
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19 hours ago, Nicholasstarr said:

So my ultimate number one question is do I need to go through the hassle I'm trying to drum up ancient criminal history records to successfully complete a form i-130.

Possibly.

 

Disclose the criminal history on the i-130.  You don't need the court documents for that form specifically, but you will need them if/when you receive a RFE for them...so my advice would be to get on collecting the court-certified dispositions/statements now....because if you do receive a RFE for them you have a limited time in which to respond.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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I think the bottom line is that there is no place on the I-130 to list crimes but USCIS will do a background check on the petitioner.  They do not have access to any background checks on the beneficiary unless they were in the US or committed INTERPOL crimes.  The US does not have access to the criminal databases of all other countries but they do have sharing agreements with a few.  They rely on the police certificates for the beneficiary.

 

So, there is no place to list criminal activity but chances are, at least for the DV, USCIS will send an RFE.  My recommendation to the OP is to start getting all the information together now so you can answer the RFE quickly.  

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: IR-1/CR-1 Visa Country: Morocco
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Listen, there is no way around it. Get your FBI background, your DOJ, your court records and dispositions.  I have a criminal background that spans from 1986 to 1997.  In the K1 process (recent) I was asked about it and I produced it.  When I did the CR1 back in 2008, I was asked about it.  Now here I am again doing another CR1 and I already know the drill.  Doesnt matter if you commited a crime in 1929, they want to know about it.  If your records are sealed let them know, but dont think they wont ask.  

 

 

K1 Visa         DENIED 

Service Center :    California Service  Center
Transferred?        No
Consulate :        Morocco
I-129F Sent :        2017-09-25
I-129F NOA1 :    2017-10-03
I-129F RFE(s) :    2018-04-02; 2018-05-08
RFE Reply(s) :    2018-04-25, 2018-05-22
I-129F NOA2 :    2018-06-04
NVC Received :    2018-06-21
Date Case #, IIN, 
and BIN assigned :    2018-06-21
NVC Left :        2018-07-10
Consulate Received :    2018-07-13
Packet 3 Received :    2018-07-31
Packet 3 Sent :    
Packet 4 Received :    
Interview Date :    2018-09-04    

CR1 Visa         APPROVED !!!!!!!!!!!

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Filed: Other Country: Saudi Arabia
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23 hours ago, Nicholasstarr said:

Me and my wife are getting ready to start our petition to USCIS. I've had multiple phone call consultations with lawyers that say to file for a spouse visa that I need to include all criminal history police reports court dockets prison records etc etc etc. I do have a criminal history nothing that falls under the Adam Walsh act. I did have a domestic violence charge that I plead not guilty to hired a lawyer and the prosecution dismissed the charges and did not pursue them I was never convicted in a court of law. Outside of that jest DUIs and miscellaneous misdemeanors resulting in fines. I'm under the assumption from doing my own personal study that these lawyers are confused and are trying to file my case the way you would a k3 spouse visa which includes the form I 129f in combination with form i-130. But I read that the k3 spouse visa is no longer available or is very rarely approved. Leaving only the i-130 to be the only form the US petitioner fills out to petition his immediate relative, wife, brother, sister, daughter or son. So my ultimate number one question is do I need to go through the hassle I'm trying to drum up ancient criminal history records to successfully complete a form i-130. We are filing cr1 NOT k1, k3. 

My advice:  Fill out the I-130 exactly as the instructions say, attach exactly what the instructions say to attach, and mail it in. 

As to the K3?  2007 or 2008 was the last year that K3 made any sense. 

 

I-130 petitioners are prohibited from sponsoring family members if they are convicted of a specific list of crimes against minors.  The waiver is very difficult to overcome.  This does not sound like an issue in your case but they may ask about that DV charge. 

 

There is no way to disclose criminal history on an I-130 and I wouldn't recommend filling an I-129F out for nothing.  I am wondering if your attorneys specialize in immigration because I am not aware of any reason for an immigration attorney to suggest filing for a K3 visa or filing an I-129F for a USC spouse.

 

Good luck

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2 hours ago, Mayi & MiMi said:

Listen, there is no way around it. Get your FBI background, your DOJ, your court records and dispositions.  I have a criminal background that spans from 1986 to 1997.  In the K1 process (recent) I was asked about it and I produced it.  When I did the CR1 back in 2008, I was asked about it.  Now here I am again doing another CR1 and I already know the drill.  Doesnt matter if you commited a crime in 1929, they want to know about it.  If your records are sealed let them know, but dont think they wont ask.  

 

 

Two CR-1s and a K-1???  You must really love these processes!  I am hoping to stop with one of each!

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: IR-1/CR-1 Visa Country: Morocco
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2 hours ago, John & Rose said:

Two CR-1s and a K-1???  You must really love these processes!  I am hoping to stop with one of each!

LOL Yes this is the last, I promise 

K1 Visa         DENIED 

Service Center :    California Service  Center
Transferred?        No
Consulate :        Morocco
I-129F Sent :        2017-09-25
I-129F NOA1 :    2017-10-03
I-129F RFE(s) :    2018-04-02; 2018-05-08
RFE Reply(s) :    2018-04-25, 2018-05-22
I-129F NOA2 :    2018-06-04
NVC Received :    2018-06-21
Date Case #, IIN, 
and BIN assigned :    2018-06-21
NVC Left :        2018-07-10
Consulate Received :    2018-07-13
Packet 3 Received :    2018-07-31
Packet 3 Sent :    
Packet 4 Received :    
Interview Date :    2018-09-04    

CR1 Visa         APPROVED !!!!!!!!!!!

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Filed: Lift. Cond. (apr) Country: China
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Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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