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Lfinau3

221 (g) documentation // cases with police record (merged)

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Hello All,

 

I just recently discovered this forum and have been reading everything pretty thoroughly. So in regards to the case, it is for my husband we are applying for an IR1 visa. Overall this process altogether has taken about two and a half years now, but thankfully we should be almost done.

 

On the 3rd of April my husband had his visa interview. He says the interview went very well, however, there were two documents - his birth certificate and our marriage certificate - that were not accepted because they were not from the central registry. After the interview, he received a letter referencing section 221g and requesting that he send in these additional documents. 

 

He was able to go to the central registry and send in the documents via Cargo Trans the following day and from what I understand the case is in Administrative Processing. He did not get a physical receipt after sending in the documents, so my question is, is there a way to know when the embassy receives his additional documentation? 

 

I know all cases go into administrative processing, but it worries me a bit about not really knowing if they have everything that is needed. 

 

My other question has to do with my husbands police record. So, my husband is a gunsmith and was previously arrested with the crime being possession of firearms and altering characteristics of firearms. Basically, he was working on a gun and did not have proper documentation to do so. This has all been annulled, but obviously, still shows up in his police record that it happened and that it was later annulled. During my husbands interview he was asked a few different questions about this incident and the interviewer said that he would have to read very carefully all the documentation on the case, but did not say anything other than that before explaining to him that he needed to resubmit his birth certificate and marriage certificate. 

 

My question on this is, could this possibly delay further his visa case? We do have an immigration lawyer we've been working with here in the states and she says there shouldnt be any issues with his record due to it already being annulled. His record is something that has worried me the whole time we have been going through this immigration process, but other than requesting documentation, we have not had any problems thus far. I just wanted to know if anyone had any similar experiences or advice. 

 

At the end of the interview they kept his passport and he was told that once everything was done & processed they would let him know so he could pick it up. 

 

Any help is appreciated! Thank you! 

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Posted (edited)

Hello All,

 

I just recently discovered this forum and have been reading everything pretty thoroughly. So in regards to the case, it is for my husband we are applying for an IR1 visa. Overall this process altogether has taken about two and a half years now, but thankfully we should be almost done.

 

On the 3rd of April my husband had his visa interview in Managua. He says the interview went very well, however, there were two documents - his birth certificate and our marriage certificate - that were not accepted because they were not from the central registry. After the interview, he received a letter referencing section 221g and requesting that he send in these additional documents. 

 

He was able to go to the central registry and send in the documents via Cargo Trans the following day and from what I understand the case is in Administrative Processing. He did not get a physical receipt after sending in the documents, so my question is, is there a way to know when the embassy receives his additional documentation? 

 

I know all cases go into administrative processing, but it worries me a bit about not really knowing if they have everything that is needed. 

 

My other question has to do with my husbands police record. So, my husband is a gunsmith and was previously arrested with the crime being possession of firearms and altering characteristics of firearms. Basically, he was working on a gun and did not have proper documentation to do so. This has all been annulled, but obviously, still shows up in his police record that it happened and that it was later annulled. During my husbands interview he was asked a few different questions about this incident and the interviewer said that he would have to read very carefully all the documentation on the case, but did not say anything other than that before explaining to him that he needed to resubmit his birth certificate and marriage certificate. 

 

My question on this is, could this possibly delay further his visa case? We do have an immigration lawyer we've been working with here in the states and she says there shouldnt be any issues with his record due to it already being annulled. His record is something that has worried me the whole time we have been going through this immigration process, but other than requesting documentation, we have not had any problems thus far. I just wanted to know if anyone had any similar experiences or advice. 

 

At the end of the interview they kept his passport and he was told that once everything was done & processed they would let him know so he could pick it up. 

 

Any help is appreciated! Thank you! 

Edited by Penguin_ie

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The answer is going to depend on the details of the record.  Expunged or annulled records,  really only applies to employment.  They are still visible to law enforcement, and he'll have to provide them anyway.


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I doubt the police record will have a major impact as it doesn’t seem to be a crime categorized as a “crime involving moral turpitude” (CIMT).

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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1 hour ago, Lfinau3 said:

My question on this is, could this possibly delay further his visa case? We do have an immigration lawyer we've been working with here in the states and she says there shouldnt be any issues with his record due to it already being annulled. His record is something that has worried me the whole time we have been going through this immigration process, but other than requesting documentation, we have not had any problems thus far. I just wanted to know if anyone had any similar experiences or advice. 

Your lawyer is incorrect. Whether it was annulled, expunged, etc. has no relevance to US immigration.

It doesn't ring out as a particular issue to me off-hand. My guess is they want to review the details of the case determine if there is a CIMT involved. If so, then that may be an issue (depending on if it is eligible for the petty offense exception or not). If not, then it should not be an issue.


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

 

 

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2 hours ago, Lfinau3 said:

Hello All,

 

I just recently discovered this forum and have been reading everything pretty thoroughly. So in regards to the case, it is for my husband we are applying for an IR1 visa. Overall this process altogether has taken about two and a half years now, but thankfully we should be almost done.

 

On the 3rd of April my husband had his visa interview. He says the interview went very well, however, there were two documents - his birth certificate and our marriage certificate - that were not accepted because they were not from the central registry. After the interview, he received a letter referencing section 221g and requesting that he send in these additional documents. 

 

He was able to go to the central registry and send in the documents via Cargo Trans the following day and from what I understand the case is in Administrative Processing. He did not get a physical receipt after sending in the documents, so my question is, is there a way to know when the embassy receives his additional documentation? 

 

I know all cases go into administrative processing, but it worries me a bit about not really knowing if they have everything that is needed. 

 

My other question has to do with my husbands police record. So, my husband is a gunsmith and was previously arrested with the crime being possession of firearms and altering characteristics of firearms. Basically, he was working on a gun and did not have proper documentation to do so. This has all been annulled, but obviously, still shows up in his police record that it happened and that it was later annulled. During my husbands interview he was asked a few different questions about this incident and the interviewer said that he would have to read very carefully all the documentation on the case, but did not say anything other than that before explaining to him that he needed to resubmit his birth certificate and marriage certificate. 

 

My question on this is, could this possibly delay further his visa case? We do have an immigration lawyer we've been working with here in the states and she says there shouldnt be any issues with his record due to it already being annulled. His record is something that has worried me the whole time we have been going through this immigration process, but other than requesting documentation, we have not had any problems thus far. I just wanted to know if anyone had any similar experiences or advice. 

 

At the end of the interview they kept his passport and he was told that once everything was done & processed they would let him know so he could pick it up. 

 

Any help is appreciated! Thank you! 

You posted in the k1 forum which is the wrong forum for you.  Find, read and post in the spousal forum


YMMV

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{Mod action}

 

Duplicate posts removed. Replies to duplicate posts merge to one thread. Please do not make multiple post of the same topic.

 

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“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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3 hours ago, Lfinau3 said:

Hello All,

 

I just recently discovered this forum and have been reading everything pretty thoroughly. So in regards to the case, it is for my husband we are applying for an IR1 visa. Overall this process altogether has taken about two and a half years now, but thankfully we should be almost done.

 

On the 3rd of April my husband had his visa interview in Managua. He says the interview went very well, however, there were two documents - his birth certificate and our marriage certificate - that were not accepted because they were not from the central registry. After the interview, he received a letter referencing section 221g and requesting that he send in these additional documents. 

 

He was able to go to the central registry and send in the documents via Cargo Trans the following day and from what I understand the case is in Administrative Processing. He did not get a physical receipt after sending in the documents, so my question is, is there a way to know when the embassy receives his additional documentation? 

 

I know all cases go into administrative processing, but it worries me a bit about not really knowing if they have everything that is needed. 

 

My other question has to do with my husbands police record. So, my husband is a gunsmith and was previously arrested with the crime being possession of firearms and altering characteristics of firearms. Basically, he was working on a gun and did not have proper documentation to do so. This has all been annulled, but obviously, still shows up in his police record that it happened and that it was later annulled. During my husbands interview he was asked a few different questions about this incident and the interviewer said that he would have to read very carefully all the documentation on the case, but did not say anything other than that before explaining to him that he needed to resubmit his birth certificate and marriage certificate. 

 

My question on this is, could this possibly delay further his visa case? We do have an immigration lawyer we've been working with here in the states and she says there shouldnt be any issues with his record due to it already being annulled. His record is something that has worried me the whole time we have been going through this immigration process, but other than requesting documentation, we have not had any problems thus far. I just wanted to know if anyone had any similar experiences or advice. 

 

At the end of the interview they kept his passport and he was told that once everything was done & processed they would let him know so he could pick it up. 

 

Any help is appreciated! Thank you! 

Personally I don't think there is much to worry about. Submit the documents requested and wait, they won't tell you they received it unless you email or call and ask. You can as well check your status on ceac using your case number generated from NVC and see if there is any update. Once the date changes it means they are on your case, passport kept is a plus so don't worry, your husband will get his visa, if his arrest and prosecution was annuled it means it never existed, reason why they did not ask anything like an extra documentation during his interview. Goodluck.

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