Got an RFE and we marked the wrong box

[ClickityClackity 133]

Hello all!

 

Title it's pretty self-explanatory. We got an RFA because we had forgotten ticking the "have you ever been convicted or charged of a crime" and initially my finaceé thought she hadn't, so she ticked no. 

Afterward, she realized that she got charged with a Minor in Possession when she was in college, so we have to tick YES on the form. Since she already ticked no, can we just use some sort of correction fluid like tip-ex or similar to uncheck the box and mark the other or is that a no-no and we need to get a new form?

 

Sorry if this is a stupid question, but I looked and I didn't find any answers to this

 

Thank you all! 

[MandW 310]

Just download and print a new form. Also if you check YES you will need to get the court documents on that case, in other words a record from the clerk of courts saying what the charge was and final results. Expunged record. That has to be submitted with the I-129f as well. 

[payxibka 10,044]

29 minutes ago, Mary&Rafa said:

Hello all!

 

Title it's pretty self-explanatory. We got an RFA because we had forgotten ticking the "have you ever been convicted or charged of a crime" and initially my finaceé thought she hadn't, so she ticked no. 

Afterward, she realized that she got charged with a Minor in Possession when she was in college, so we have to tick YES on the form. Since she already ticked no, can we just use some sort of correction fluid like tip-ex or similar to uncheck the box and mark the other or is that a no-no and we need to get a new form?

 

Sorry if this is a stupid question, but I looked and I didn't find any answers to this

 

Thank you all! 

What does the RFE specifically ask for?

[MandW 310]

If she was a minor at the time of the offense then chances are it’s not a public record and may not be able to obtain. What did the RFE say?

[MandW 310]

I’m confused....you got an RFE which means you already sent the 129f in and they are asking for ??

since you sent in one already I don’t think you can send in another 129f by checking the correct answer. If they sent you an RFE it’s probably due to the fact they found something (such as the offense mentioned) and because it was checked no or unchecked they want court records or if you didn’t check anything they want a new fully completed 129f.

without knowing what the RFE says I can’t give a better answer

Edited January 29, 2019 by MandW

[ClickityClackity 133]

1 hour ago, payxibka said:

What does the RFE specifically ask for?

 

58 minutes ago, MandW said:

I’m confused....you got an RFE which means you already sent the 129f in and they are asking for ??

since you sent in one already I don’t think you can send in another 129f by checking the correct answer. If they sent you an RFE it’s probably due to the fact they found something (such as the offense mentioned) and because it was checked no or unchecked they want court records or if you didn’t check anything they want a new fully completed 129f.

without knowing what the RFE says I can’t give a better answer

It says that we failed to answer all of the questions on form I-129F. Specifically Part 3. Question 4.a

 

"4. have you ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, excluding traffic violations (unless a traffic violation was alcohol-or drug- related or involved a fine of 500$ or more)"

 

We marked "No", but then we realized she had been charged for as a minor in possession and had to go to court, where she got a fine.

 

The RFE just say to return the requested information and all supporting documents with this original request.

 

Can I just white out the mark on the no and mark yes?

 

We cannot download another copy of this, since it's a letter USCIS sent us.

 

Thank you for your help

[ClickityClackity 133]

Bump!

[carmel34 3,529]

Just read your post from last year when you were deciding between K-1 and CR-1.  Most responses suggested CR-1.  Looks like CR-1 would have been better for you in the first place, as a spouse petitioner's criminal record is not scrutinized as much as fiancee petitioner's for some reason.  Also, because you failed to check the "yes" box about arrests or convictions when your fiancee originally submitted the I-129F petition (even though you said you double or triple checked all the forms), now you have to explain why and include all the court documents in response to the RFE.  A frequent poster here on VJ (John & Rose) petitioned via K-1 and did not disclose a very old arrest on the I-129F, then when it came out via an RFE or at the interview, the K-1 was denied because of failure to disclose the criminal arrest, not because it was a serious offense.  So they got married and filed a CR-1, adding almost a year to their process and living apart.  Good luck in responding to the RFE.  If this previously undisclosed criminal arrest or conviction leads to the K-1 being denied, you will have to get married and file for a CR-1 after all.  

Edited January 29, 2019 by carmel34
*

[ClickityClackity 133]

8 minutes ago, carmel34 said:

Just read your post from last year when you were deciding between K-1 and CR-1.  Most responses suggested CR-1.  Looks like CR-1 would have been better for you in the first place, as a spouse petitioner's criminal record is not scrutinized as much as fiancee petitioner's for some reason.  Also, because you failed to check the "yes" box about arrests or convictions when your fiancee originally submitted the I-129F petition (even though you said you double or triple checked all the forms), now you have to explain why and include all the court documents in response to the RFE.  A frequent poster here on VJ (John & Rose) petitioned via K-1 and did not disclose a very old arrest on the I-129F, then when it came out via an RFE or at the interview, the K-1 was denied because of failure to disclose the criminal arrest, not because it was a serious offense.  So they got married and filed a CR-1, adding almost a year to their process and living apart.  Good luck in responding to the RFE.  If this previously undisclosed criminal arrest or conviction leads to the K-1 being denied, you will have to get married and file for a CR-1 after all.  

I appreciate your response, although it did not answer the question I asked at all.

 

[carmel34 3,529]

4 minutes ago, Mary&Rafa said:

I appreciate your response, although it did not answer the question I asked at all.

 

I think your problem is much bigger than whether you should use correction fluid on the RFE or not.  Failure to disclose a criminal arrest or conviction on the original I-129F can't be whited out.  USCIS probably found the criminal record when they did the background check on her and they want to see if she will own up and admit it, hence the RFE.  Whether you use correction fluid or contact USCIS for a new RFE form and explain why you need a new one, you need to think about the bigger issue here.  Does your fiancee have all the court records to attach to the RFE?  Did the RFE ask for court records if you mark "yes?"  

[ClickityClackity 133]

2 minutes ago, carmel34 said:

I think your problem is much bigger than whether you should use correction fluid on the RFE or not.  Failure to disclose a criminal arrest or conviction on the original I-129F can't be whited out.  USCIS probably found the criminal record when they did the background check on her and they want to see if she will own up and admit it, hence the RFE.  Whether you use correction fluid or contact USCIS for a new RFE form and explain why you need a new one, you need to think about the bigger issue here.  Does your fiancee have all the court records to attach to the RFE?  Did the RFE ask for court records if you mark "yes?"  

My fianceé has all the court records and the documents that say that her record was expunged, so we can make certified copies and send that no problem. 

What you are saying seems really severe for just forgetting to mark a box, but then again the whole process is not to be taken lightly. I think we will call USCIS and see what can they say about the form.

 

Hopefully, they can understand it was an honest mistake (especially considering the crime) and our application isn't denied.

 

Also, when my fianceé got a background check done that charge didn't pop up, so I don't know why would it since it has been expunged.

 

Thank you for your answer, it has helped

 

 

[geowrian 22,335]

1 hour ago, Mary&Rafa said:

Also, when my fianceé got a background check done that charge didn't pop up, so I don't know why would it since it has been expunged.

Expungement removes it from public records. The information about its existence is still available to the government.

 

One member here had an expunged crime from 30 years ago. The I-129F ended up getting approved, but the K-1 visa was refused after the interview due to the crime not being disclosed. The I-129F was sent back to USCIS to die. They are now married and working on a spousal visa.

The point is that while it may not seem like it, be happy they noticed it now. It can be disclosed - with proper court documents (or notice that they no longer exist) - and resolved without going through the rest of the process and being denied then.

[ClickityClackity 133]

2 minutes ago, geowrian said:

Expungement removes it from public records. The information about its existence is still available to the government.

 

One member here had an expunged crime from 30 years ago. The I-129F ended up getting approved, but the K-1 visa was refused after the interview due to the crime not being disclosed. The I-129F was sent back to USCIS to die. They are now married and working on a spousal visa.

The point is that while it may not seem like it, be happy they noticed it now. It can be disclosed - with proper court documents (or notice that they no longer exist) - and resolved without going through the rest of the process and being denied then.

So should I just call USCIS and ask for a new form or use whiteout and send the actual one?

[carmel34 3,529]

1 hour ago, Mary&Rafa said:

My fianceé has all the court records and the documents that say that her record was expunged, so we can make certified copies and send that no problem. 

What you are saying seems really severe for just forgetting to mark a box, but then again the whole process is not to be taken lightly. I think we will call USCIS and see what can they say about the form.

 

Hopefully, they can understand it was an honest mistake (especially considering the crime) and our application isn't denied.

 

Also, when my fianceé got a background check done that charge didn't pop up, so I don't know why would it since it has been expunged.

 

Thank you for your answer, it has helped

 

 

If you did not mark the "yes" box to disclose the past offense on the I-129F, they most likely investigated and found the unreported crime, hence the RFE.  Or if they sent the RFE only because neither box was marked, the past offense will be discovered eventually so sending the records she has might help when the RFE response is considered.  I agree with geowrian, disclosing everything now might lead to a petition approval.  At least if they deny based on what she sends, you can get married and start the CR-1 process sooner than if you get denied after your interview.  I hope this all works out for you in the end.  All the best!

[carmel34 3,529]

4 minutes ago, Mary&Rafa said:

So should I just call USCIS and ask for a new form or use whiteout and send the actual one?

I think the petitioner is the only one who can call USCIS about her petition.  You as beneficiary can't do it.  She needs to respond to the RFE anyway.  Asking for a new form would add more weeks of waiting to this long process, so if this were me, I would just use the whiteout and send it, with a letter of explanation about the previous offense, and all court documents from the court with jurisdiction where the arrest/crime happened.