Jump to content

15 posts in this topic

Recommended Posts

Hey Friends! I just want to ask, i’ve been so stressed lately thinking about the wrong box my fiancé ticked on the part where the question states about the criminal/arrest records. He checked the “NO” and realized he should have checked the “YES”, he misunderstood the questions or what was stated there. Would we possibly get an RFE for it? If yes, how long must we wait for the response back from the USCIS? I’ve read some took 3 months to get a response. 

 

Thanks and Good luck to all of us in this journey! 🙂

Share this post


Link to post
Share on other sites

That's actually pretty bad mistake.  You might be in troubles if they find out criminal records and the petitions says you dont have any... 

 

What was the crime/arrest for? 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Share this post


Link to post
Share on other sites

Consider yourself lucky if you actually get an RFE. The most recent case I can think of that made the same mistake never got an RFE, they were denied at the interview because the information came up during the embassy's background checks. So they got to start over from scratch.


K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

 

ROC: 04-19-2019 earliest filing date

 

Share this post


Link to post
Share on other sites

It may or may not be an issue.

If it's a crime that requires a waiver or documentation, then hopefully they just issue an RFE instead or waiting for it to get all the way to the interview to discover it.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
6 hours ago, Roel said:

That's actually pretty bad mistake.  You might be in troubles if they find out criminal records and the petitions says you dont have any... 

 

What was the crime/arrest for? 

Thank you for the reply! He got arrested for battery, but his case was already dismissed and his ex only wanted to find fault in him. He has his court records ready though if possible we get an RFE then we could send it right back to them. 

Share this post


Link to post
Share on other sites
4 hours ago, geowrian said:

It may or may not be an issue.

If it's a crime that requires a waiver or documentation, then hopefully they just issue an RFE instead or waiting for it to get all the way to the interview to discover it.

It’s a misdemeanor and he has his court records ready if ever we got an RFE

Share this post


Link to post
Share on other sites
5 hours ago, Scandi said:

Consider yourself lucky if you actually get an RFE. The most recent case I can think of that made the same mistake never got an RFE, they were denied at the interview because the information came up during the embassy's background checks. So they got to start over from scratch.

Did you mean they got denied on their K1 interview? Or they got automatically denied with the i-129f? I believe they will do the background check on my fiancé and if they find something that needed more documents for support they would give an RFE. I just hope they would give it a chance 😟

Share this post


Link to post
Share on other sites
1 hour ago, Kryssie said:

Thank you for the reply! He got arrested for battery, but his case was already dismissed and his ex only wanted to find fault in him. He has his court records ready though if possible we get an RFE then we could send it right back to them. 

1 hour ago, Kryssie said:

It’s a misdemeanor and he has his court records ready if ever we got an RFE

If it was dismissed without any conviction (or similar finding), then it just needs to be disclosed. If you get an RFE, send the paperwork and you'll be fine.

If there was any guilt involved, battery can be a cause for denial even if it's a misdemeanor, depending on the circumstances.

 

59 minutes ago, Kryssie said:

Did you mean they got denied on their K1 interview? Or they got automatically denied with the i-129f? I believe they will do the background check on my fiancé and if they find something that needed more documents for support they would give an RFE. I just hope they would give it a chance 😟

I know what case they're referring to. They got denied at the K-1 interview.

They should have noticed it on the I-129F, but it got through that somehow. It was a 30 year old charge. The K-1 interview went well, but then they got notice of the visa being refused and I-129F being sent back due to the undisclosed crime. A returned I-129F sits to die by policy....they are now doing a CR-1 visa.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites

Is there any possibility that we should give them a call about it or just have to wait for the response from USCIS?

3 minutes ago, geowrian said:

If it was dismissed without any conviction (or similar finding), then it just needs to be disclosed. If you get an RFE, send the paperwork and you'll be fine.

If there was any guilt involved, battery can be a cause for denial even if it's a misdemeanor, depending on the circumstances.

 

I know what case they're referring to. They got denied at the K-1 interview.

They should have noticed it on the I-129F, but it got through that somehow. It was a 30 year old charge. The K-1 interview went well, but then they got notice of the visa being refused and I-129F being sent back due to the undisclosed crime. A returned I-129F sits to die by policy....they are now doing a CR-1 visa.

Is there any possibility that we should give them a call about it or just have to wait for the response from USCIS?

Share this post


Link to post
Share on other sites
1 minute ago, Kryssie said:

Is there any possibility that we should give them a call about it or just have to wait for the response from USCIS?

There's nothing customer service (or even a tier 2) can do about it. It's just sitting in a pile waiting to get picked up by an IO for the first ~6+ months. Until an IO gets it, they don't really know anything about it other than a case number, petitioner & beneficiary information, and mailing address.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
Just now, geowrian said:

There's nothing customer service (or even a tier 2) can do about it. It's just sitting in a pile waiting to get picked up by an IO for the first ~6+ months. Until an IO gets it, they don't really know anything about it other than a case number, petitioner & beneficiary information, and mailing address.

I see. Well, thank you very much for your time responding to my questions! We'll just keep hoping everything will turn out good. Can't wait to just hear back from them! We're January 2019 filers by the way. Again, thank you! 😊

Share this post


Link to post
Share on other sites
1 minute ago, Kryssie said:

I see. Well, thank you very much for your time responding to my questions! We'll just keep hoping everything will turn out good. Can't wait to just hear back from them! We're January 2019 filers by the way. Again, thank you! 😊

Good luck & best wishes!


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
1 hour ago, Kryssie said:

It’s a misdemeanor and he has his court records ready if ever we got an RFE

Here is the rub.  An RFE is to provide an opportunity to give additional evidence in support of an answer given on the petition.   An RFE is not designed to allow you to change an incorrect answer to something else.  Upon signing the petition you attested that all your responses were correct. Changing a material response will likely invalidate the petition as filed. 


YMMV

Share this post


Link to post
Share on other sites

Our case is similar, my fiance mistakenly checked NO to 4a question but he attached police records of misdemeanors from more than 20 years ago. We're November filers and not sure what is going to come up with this. The only news we have so far is his original birth certificate being returned to him. 

Share this post


Link to post
Share on other sites
2 minutes ago, P&K said:

Our case is similar, my fiance mistakenly checked NO to 4a question but he attached police records of misdemeanors from more than 20 years ago. We're November filers and not sure what is going to come up with this. The only news we have so far is his original birth certificate being returned to him. 

Hey there! The thing about our case was we haven’t attached court records. We are still waiting for their response. Hope everything will go well for us!!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×