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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! 🙂

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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. 

 

 

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Filed: K-1 Visa Country: Sweden
Timeline

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

AP: 12-20-2016 - 04-07-2017

EAD: 01-18-2017 - 05-30-2017

AOS: 12-20-2016 - 07-26-2017

ROC: 04-22-2019 - 04-22-2020
Naturalization: 05-01-2020 - 03-16-2021

U.S. passport: 03-30-2021 - 05-08-2021

En livstid i krig. Göteborg killed it. Epic:
https://www.youtube.com/watch?v=WBs3G1PvyfM&ab_channel=Sabaton

 

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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:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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

 

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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. 

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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 😟

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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:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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

 

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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?

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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:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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

 

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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! 😊

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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:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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

 

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Filed: AOS (apr) Country: Philippines
Timeline
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

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Filed: K-1 Visa Country: Paraguay
Timeline

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. 

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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!!

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