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MariahK

Disclosing "clean" criminal record?

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k1, currently in the states, we got married... applying for AOS soon.. I hope.. but....

 

I am so worried that I really messed up. When I was 14 I got in trouble for underaged drinking (Canada, Ontario). When filling out the DS160 I went to the local cop station to ask them about the "Have you ever been arrested or convicted for any offense or crime, even though subject of a of a pardon, amnesty, or other similar action?" the officer told me to to say no, cuz I was never convicted of anything. I literally asked her a couple times because I was surprised. She told me I was a part of a diversion program, so from what I understand nothing ever went on my criminal record. (I've had so many criminal record checks done now, and they're all clean). However, she was able to pull up all the information in her computer system about me to find out about the information.  Now here is what is freaking me out on the i-485 the question about ever being ordered punished by judge including rehabilitative programs/community service. I did have to go to court, and I did 20 hours of community service. So i'm fairly certain I should say yes to this question on the i-485? But now will I get in trouble for saying no to the DS160 question? Should I hire a lawyer to help? I feel like I NEED to clarify this otherwise it's going to eat at the back of my head for the rest of my life and I'm so worried for the AOS interview. Any help would be appreciated. I really hate my 14 year old self right now. And I really wish I would have said yes to the first DS160 question and just got all the records I could. 😥


March 2015 : Met Online (tumblr)

12/04/2017 : I-129F Packet Sent

12/07/2017 : NOA 1 Received

06/18/2018 : NOA 2 Received (194 days)

08/08/2018 : Packet 3 received

08/29/2018 : Packet 4 received

10/17/2018 : Interview - APPROVED! (314 days)

11/06/2018 : Visa in hand

11/06/2018 : POE - Montreal, Ontario 

From sending of I-129F petition to POE - 573 days.

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11 minutes ago, MariahK said:

I did have to go to court, and I did 20 hours of community service. So i'm fairly certain I should say yes to this question on the i-485? But now will I get in trouble for saying no to the DS160 question?

All you can do is to answer the I-485 question truthfully......and prepare to face scrutiny at your interview......


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

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45 minutes ago, MariahK said:

k1, currently in the states, we got married... applying for AOS soon.. I hope.. but....

 

I am so worried that I really messed up. When I was 14 I got in trouble for underaged drinking (Canada, Ontario). When filling out the DS160 I went to the local cop station to ask them about the "Have you ever been arrested or convicted for any offense or crime, even though subject of a of a pardon, amnesty, or other similar action?" the officer told me to to say no, cuz I was never convicted of anything. I literally asked her a couple times because I was surprised. She told me I was a part of a diversion program, so from what I understand nothing ever went on my criminal record. (I've had so many criminal record checks done now, and they're all clean). However, she was able to pull up all the information in her computer system about me to find out about the information.  Now here is what is freaking me out on the i-485 the question about ever being ordered punished by judge including rehabilitative programs/community service. I did have to go to court, and I did 20 hours of community service. So i'm fairly certain I should say yes to this question on the i-485? But now will I get in trouble for saying no to the DS160 question? Should I hire a lawyer to help? I feel like I NEED to clarify this otherwise it's going to eat at the back of my head for the rest of my life and I'm so worried for the AOS interview. Any help would be appreciated. I really hate my 14 year old self right now. And I really wish I would have said yes to the first DS160 question and just got all the records I could. 😥

I agree with missleman. You will be answering the questions of your I485 at your interview under oath. It's too late to turn back now regarding the D160. Be truthful, obtain the necessary criminal records or a statement from the charging jurisdiction that their is none and submit photocopies of that. The I485 says if you are unsure of the question state yes and explain just as you have to us. Bring the originals to your AOS interview.

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15 minutes ago, K1visaHopeful said:

I agree with missleman. You will be answering the questions of your I485 at your interview under oath. It's too late to turn back now regarding the D160. Be truthful, obtain the necessary criminal records or a statement from the charging jurisdiction that their is none and submit photocopies of that. The I485 says if you are unsure of the question state yes and explain just as you have to us. Bring the originals to your AOS interview.

Yeah I'm definitely not trying to hide this, I was just stupid. Thank you for your answer. 


March 2015 : Met Online (tumblr)

12/04/2017 : I-129F Packet Sent

12/07/2017 : NOA 1 Received

06/18/2018 : NOA 2 Received (194 days)

08/08/2018 : Packet 3 received

08/29/2018 : Packet 4 received

10/17/2018 : Interview - APPROVED! (314 days)

11/06/2018 : Visa in hand

11/06/2018 : POE - Montreal, Ontario 

From sending of I-129F petition to POE - 573 days.

🇨🇦🇺🇸❤️

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23 hours ago, K1visaHopeful said:

I agree with missleman. You will be answering the questions of your I485 at your interview under oath. It's too late to turn back now regarding the D160. Be truthful, obtain the necessary criminal records or a statement from the charging jurisdiction that their is none and submit photocopies of that. The I485 says if you are unsure of the question state yes and explain just as you have to us. Bring the originals to your AOS interview.

The same oath that the visa application was signed under?  SMH

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56 minutes ago, Nitas_man said:

The same oath that the visa application was signed under?  SMH

Yes. Which is why it is an issue that the OP took the ill advice to not disclose the truth initially. Nothing to be done about that now though. The OP just has to know that he will have to reap the repercussions of making the original choice to sign and submit the DS160 which IS a legal document, untruthfully.

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Posted (edited)
50 minutes ago, K1visaHopeful said:

Yes. Which is why it is an issue that the OP took the ill advice to not disclose the truth initially. Nothing to be done about that now though. The OP just has to know that he will have to reap the repercussions of making the original choice to sign and submit the DS160 which IS a legal document, untruthfully.

Yeah I really messed up, I thought cause I was a teenager and wasn't arrested/charged with anything that it didn't have to be disclosed. We're getting a lawyer to help cause I don't want to make anymore mistakes. Should have gotten one in the first place. I'm heartbroken that I might have messed everything up. 

Edited by MariahK
addition

March 2015 : Met Online (tumblr)

12/04/2017 : I-129F Packet Sent

12/07/2017 : NOA 1 Received

06/18/2018 : NOA 2 Received (194 days)

08/08/2018 : Packet 3 received

08/29/2018 : Packet 4 received

10/17/2018 : Interview - APPROVED! (314 days)

11/06/2018 : Visa in hand

11/06/2018 : POE - Montreal, Ontario 

From sending of I-129F petition to POE - 573 days.

🇨🇦🇺🇸❤️

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21 minutes ago, MariahK said:

Yeah I really messed up, I thought cause I was a teenager and wasn't arrested/charged with anything that it didn't have to be disclosed. We're getting a lawyer to help cause I don't want to make anymore mistakes. Should have gotten one in the first place. I'm heartbroken that I might have messed everything up. 

Absent a determination that the omitted information was material to the outcome of the case you should be OK.

IF:  the information is deemed to be material (ineligible for the benefit had it been disclosed) you’d be in a very serious situation.

I do not believe that this is “material” but best to get it out and in the record ASAP.  Good luck.

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1 hour ago, Nitas_man said:

Absent a determination that the omitted information was material to the outcome of the case you should be OK.

IF:  the information is deemed to be material (ineligible for the benefit had it been disclosed) you’d be in a very serious situation.

I do not believe that this is “material” but best to get it out and in the record ASAP.  Good luck.

I think I understand what you're saying. Thanks. 


March 2015 : Met Online (tumblr)

12/04/2017 : I-129F Packet Sent

12/07/2017 : NOA 1 Received

06/18/2018 : NOA 2 Received (194 days)

08/08/2018 : Packet 3 received

08/29/2018 : Packet 4 received

10/17/2018 : Interview - APPROVED! (314 days)

11/06/2018 : Visa in hand

11/06/2018 : POE - Montreal, Ontario 

From sending of I-129F petition to POE - 573 days.

🇨🇦🇺🇸❤️

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~~Hijacked posts and replies removed. You need to start your own thread and in the proper forum for your own case.~~


Spoiler

Met Playing Everquest in 2005
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K-1 & 4 K-2'S
Filed 05-09-07
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Entry 05-06-08
Married 06-21-08
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Filed 07-08-08
Cards Received01-22-09
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Filed 10-17-10
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Filed 10-17-11
Interview 01-12-12
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