Criminal History Reporting

[frivvy89 4]

Hello,

I have a question about revealing my criminal history. I was wondering if an FBI fingerprint search will suffice or do I need to request information from each US state individually?

Edited February 1, 2019 by frivvy89

[TandSarahJane 178]

8 hours ago, frivvy89 said:

Hello,

I have a question about revealing my criminal history. I was wondering if an FBI fingerprint search will suffice or do I need to request information from each US state individually?

I dont think reponses are showing because your question is vague and your timeline/profile is blank. Based on your other posts i am assuming that u are the petitioner.  If that is the case then u dont need to do any background checks as both USCIS and State Dept have their own ways of doing it internally.  If u are the beneficiary also u dont do any police clearances for USA.

[frivvy89 4]

Hi and thank you for your response. Yes I am the petitioner. However, in the k1 visa instructions it mentions:

 

Item Numbers 1. - 3.c. Criminal Information. Indicate whether you have ever been the subject of a temporary or
permanent protection order or restraining order (either civil or criminal) related to any of the crimes specified below, or
arrested, or convicted of any of the crimes specified below. If you were ever arrested or convicted of any of the specified
crimes, you must submit certified copies of all court and police records showing the charges and disposition for every arrest
or conviction. You must do so even if your records were sealed, expunged, or otherwise cleared, and regardless of whether
anyone, including a judge, law enforcement officer, or attorney, informed you that you no longer have a criminal record.

[C90 376]

14 minutes ago, frivvy89 said:

Hi and thank you for your response. Yes I am the petitioner. However, in the k1 visa instructions it mentions:

 

Item Numbers 1. - 3.c. Criminal Information. Indicate whether you have ever been the subject of a temporary or
permanent protection order or restraining order (either civil or criminal) related to any of the crimes specified below, or
arrested, or convicted of any of the crimes specified below. If you were ever arrested or convicted of any of the specified
crimes, you must submit certified copies of all court and police records showing the charges and disposition for every arrest
or conviction. You must do so even if your records were sealed, expunged, or otherwise cleared, and regardless of whether
anyone, including a judge, law enforcement officer, or attorney, informed you that you no longer have a criminal record.

You need to include everything from every state and even every country (if you have ever been convicted outside the US) 
Like the statement says:

 

If you were ever arrested or convicted of any of the specified
crimes, you must submit certified copies of all court and police records showing the charges and disposition for every arrest
or conviction. You must do so even if your records were sealed, expunged, or otherwise cleared, and regardless of whether
anyone, including a judge, law enforcement officer, or attorney, informed you that you no longer have a criminal record.

 

I'm not sure if you're asking if you can just not disclose something because it might not show up via de FBI fingerprints. If that's your question then no, your fiancé's visa will get denied, you will get yourself in a lot of trouble and you'll probably never be able to file for any visa for anyone ever again. USCIS finds out everything sooner or later.

 

If you're asking if they will be okay with just finding it out via FBI then also no. They want you to provide everything so they can make their decision. If you don't disclose the right court documents you'll be denied or they'll send out an RFE.

[frivvy89 4]

Ok thanks I just wanted to be sure that I do send out the correct documents. That answers my question.

[Hobidyali 267]

30 minutes ago, frivvy89 said:

Ok thanks I just wanted to be sure that I do send out the correct documents. That answers my question.

Disclose each arrest/conviction etc even if expunged.

[carmel34 3,529]

The instructions on the I-129F are pretty clear--disclose everything as requested, even if only an arrest, and attached all police and court records related to each arrest or conviction.  We have seen many examples here on VJ of petitioners and beneficiaries who did not disclose some little thing way in their past, and it led to a denial.  Don't hide anything, they will find it.  Better to be upfront and hope that the records you submit convince them that you still qualify under the law.  Good luck.

[frivvy89 4]

Makes perfect sense. It’s going to take a lot of work to get the info I need. Thank you

[John & Rose 7,237]

39 minutes ago, frivvy89 said:

Makes perfect sense. It’s going to take a lot of work to get the info I need. Thank you

How many arrests do you have?  Are any for domestic violence?

[Hobidyali 267]

46 minutes ago, frivvy89 said:

It’s going to take a lot of work to get the info I need

LOL , don't say it like that, you make yourself sound like a criminal 😂

[frivvy89 4]

2 hours ago, John & Rose said:

How many arrests do you have?  Are any for domestic violence?

No domestic violence. I have 3 DUI’s and a few misdemeanors. My last arrest was 1993.

[frivvy89 4]

2 hours ago, Hobidyali said:

LOL , don't say it like that, you make yourself sound like a criminal 😂

I know I’m no longer a criminal lol.

[Hobidyali 267]

2 minutes ago, frivvy89 said:

I know I’m no longer a criminal lol.

LOL

[John & Rose 7,237]

32 minutes ago, frivvy89 said:

No domestic violence. I have 3 DUI’s and a few misdemeanors. My last arrest was 1993.

The DVs make the K-1 difficult.  I'm glad that isn't a problem.  I was just talking to a woman who is doing a K-1 with a guy with 3 DV arrests.  It is almost impossible that he would ever get approved to petition anyone.  

 

The Federal Crime Database has everything in it.  It is best for you to get all the information that you can on each of the arrests.  They already know about it but they need to make sure you are being honest with the beneficiary.

[frivvy89 4]

10 minutes ago, John & Rose said:

The DVs make the K-1 difficult.  I'm glad that isn't a problem.  I was just talking to a woman who is doing a K-1 with a guy with 3 DV arrests.  It is almost impossible that he would ever get approved to petition anyone.  

 

The Federal Crime Database has everything in it.  It is best for you to get all the information that you can on each of the arrests.  They already know about it but they need to make sure you are being honest with the beneficiary.

I have to figure out the best way to go about getting that info. Meaning I don’t live in that state anymore.

Edited February 1, 2019 by frivvy89