Filing a K-1 Petition with a Criminal Record/ Arrest

[Rob Beri 68]

If I have an arrest, what documents do I need to attach to my petition? Court certificate of disposition? Police certificate? In addition, should I draft a statement? 

Edited November 27, 2019 by Rob Beri

[TeamWelshican 32]

25 minutes ago, Rob Beri said:

If I have an arrest, what documents do I need to attach to my petition? Court certificate of disposition? Police certificate? In addition, should I draft a statement? 

I had 2. I just sent my arrest report and case dismissal which I was able to just call and have them email.  The other was just a court docket showing I paid the fine and case dismissed. I'm currently waiting on NOA2 but based on what I've read on here it should be enough. I also just advised on the application the 2 charges in a brief description. So include paperwork showing what you did and then the out come  Should be good.

[flfreddy 92]

12 hours ago, TeamWelshican said:

I had 2. I just sent my arrest report and case dismissal which I was able to just call and have them email.  The other was just a court docket showing I paid the fine and case dismissed. I'm currently waiting on NOA2 but based on what I've read on here it should be enough. I also just advised on the application the 2 charges in a brief description. So include paperwork showing what you did and then the out come  Should be good.

I had an attorney review my file prior to submission and to reduce the risk of RFE, we will need all court certified copies.  Basically go to the court house of arrest or dismissal etc, get a STAMPED copy from them.  I dont think email attachments are enough for this matter.

NOA2 in 77 days, K1 approved in 177 days.

[flfreddy 92]

13 hours ago, Rob Beri said:

If I have an arrest, what documents do I need to attach to my petition? Court certificate of disposition? Police certificate? In addition, should I draft a statement? 

Court CERTIFIED COPIES.  Police ORIGINAL deposition certificate.  You may get a RFE for originals if you submitted non certified copies.

[Rob Beri 68]

9 minutes ago, flfreddy said:

Court CERTIFIED COPIES.  Police ORIGINAL deposition certificate.  You may get a RFE for originals if you submitted non certified copies.

I have the court certificate of deposition, which shows all of the charges and the actions/ sentence. I am not sure what do you mean by Police original deposition certificate? Please, clarify.

[flfreddy 92]

6 minutes ago, Rob Beri said:

I have the court certificate of deposition, which shows all of the charges and the actions/ sentence. I am not sure what do you mean by Police original deposition certificate? Please, clarify.

If you have been arrested, and not charged.... that is called a detention.  Get a detention certificate.

If arrested and charged, you also have a deposition certificate from the police - like arrested, released on bail, dismissed etc. The police has something about your case which you can get a certified copy (but varies from state and city).  In LA, LAPD gives out a cert.

[Rob Beri 68]

3 minutes ago, flfreddy said:

If you have been arrested, and not charged.... that is called a detention.  Get a detention certificate.

If arrested and charged, you also have a deposition certificate from the police - like arrested, released on bail, dismissed etc. The police has something about your case which you can get a certified copy (but varies from state and city).  In LA, LAPD gives out a cert.

I have a court certificate of deposition. It shows the charge and the sentence, which by the way was dismissed through an ACD. So I need a similar a police deposition certificate from the police as well? Wouldn't it show the same information? What else should I gather? 

 

 

[TeamWelshican 32]

28 minutes ago, flfreddy said:

I had an attorney review my file prior to submission and to reduce the risk of RFE, we will need all court certified copies.  Basically go to the court house of arrest or dismissal etc, get a STAMPED copy from them.  I dont think email attachments are enough for this matter.

NOA2 in 77 days, K1 approved in 177 days.

They are stamped copies,  same thing I would have gotten if they physically handed them to me.  

[flfreddy 92]

16 minutes ago, TeamWelshican said:

They are stamped copies,  same thing I would have gotten if they physically handed them to me.  

Anything emailed to you i believed is a pdf or jpg or tiff, and if you print it out, it is not called a certified copy - if I understand you correctly.

Anything you can see INK either on the back or front in the form of a stamp is considered a certified copy.

[TeamWelshican 32]

1 hour ago, flfreddy said:

Anything emailed to you i believed is a pdf or jpg or tiff, and if you print it out, it is not called a certified copy - if I understand you correctly.

Anything you can see INK either on the back or front in the form of a stamp is considered a certified copy.

Well if they don't like what I sent I suppose I'll get and RFE. Not much I can do about it now. 

[Rob Beri 68]

7 hours ago, flfreddy said:

Anything emailed to you i believed is a pdf or jpg or tiff, and if you print it out, it is not called a certified copy - if I understand you correctly.

Anything you can see INK either on the back or front in the form of a stamp is considered a certified copy.

I think a certified copy is still a copy of the original document  - so they are not asking for the original, but for a copy of the original. 

[flfreddy 92]

2 hours ago, Rob Beri said:

I think a certified copy is still a copy of the original document  - so they are not asking for the original, but for a copy of the original. 

A certified copy has a INK stamped and ink signature from the clerk.   A non certified copy is anything you print from your own printer or email.

Most places want CERTIFIED COPIES.      You can try... but why risk an RFE if you already have this info upfront.   Hassle to get it true... more hassle if you get a RFE delay.

[flfreddy 92]

10 hours ago, Rob Beri said:

I have a court certificate of deposition. It shows the charge and the sentence, which by the way was dismissed through an ACD. So I need a similar a police deposition certificate from the police as well? Wouldn't it show the same information? What else should I gather? 

 

 

The I-129F form requested ALL docs from courts, police etc.

You have the court stuff. ..yeahh

Check with the police what they can issue, and get it.  Even if they cannot issue, they will have some paper to say what they cannot issue.

What you do not want is a RFE asking you for police docs.

[SalishSea 16,768]

4 hours ago, Rob Beri said:

I think a certified copy is still a copy of the original document  - so they are not asking for the original, but for a copy of the original. 

A certified copy of a document is considered to be equivalent to an original.

[Jfresh26 23]

I had 2 charges from 2015. I listed it on the petition and also sent a copy of a court house letter of “no records found” but I knew I had charges so I went to the jail, had my fingerprints taken, and got a full background check. I included copies of the courthouse letter, my fingerprints, and my full criminal history from the DCI. The courthouse letter was sealed but you can’t really see the seal in the copy... I have the original where the seal is visible if they really want it. Hoping I gave them everything that was needed with no RFE’s. We are now waiting on the NOA2. 
Keep us updated and good luck!