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

[Rob Beri 68]

10 minutes ago, Jfresh26 said:

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!

I have the court certificate of disposition. In addition, I went to the police station to do a background check. As soon as I receive the police letter, I will file my petition. I think you should have send the court certified copy with the original seal in your petition. Hopefully, you wont get an RFE for that. Keep me updated. Good luck. 

[flfreddy 93]

Please DO SEND CERTIFIED COPIES, those with a court ink stamp and if available court clerk signature.   I went to the court house got 3 copies of everything.  Even NO record search I had them print out, stamp and sign for me.  Went to police station got 3 copies of no arrest certification.. inked and signed.   Used 1 set for petition, brought 1 set to interview, and 1 set standby maybe for AOS.

[Rob Beri 68]

14 hours ago, flfreddy said:

Please DO SEND CERTIFIED COPIES, those with a court ink stamp and if available court clerk signature.   I went to the court house got 3 copies of everything.  Even NO record search I had them print out, stamp and sign for me.  Went to police station got 3 copies of no arrest certification.. inked and signed.   Used 1 set for petition, brought 1 set to interview, and 1 set standby maybe for AOS.

Just waiting on the police letter, whatever it is the are going to mail. I requested a background check. Then, I will send the original copies both from the court and police. Fingers crossed it will go smooth. From what I gathered on here the petitioners background should not affect the petition if disclosed properly. 

[Jfresh26 28]

On 12/3/2019 at 8:13 AM, Rob Beri said:

Just waiting on the police letter, whatever it is the are going to mail. I requested a background check. Then, I will send the original copies both from the court and police. Fingers crossed it will go smooth. From what I gathered on here the petitioners background should not affect the petition if disclosed properly. 

Thank you, how can I get a certified copy?

[Rob Beri 68]

On 12/2/2019 at 5:10 AM, flfreddy said:

Please DO SEND CERTIFIED COPIES, those with a court ink stamp and if available court clerk signature.   I went to the court house got 3 copies of everything.  Even NO record search I had them print out, stamp and sign for me.  Went to police station got 3 copies of no arrest certification.. inked and signed.   Used 1 set for petition, brought 1 set to interview, and 1 set standby maybe for AOS.

Did your K1 visa process in the California Service Center? What were your charges if you do not mind asking? 

[Rob Beri 68]

15 hours ago, Jfresh26 said:

Thank you, how can I get a certified copy?

Go to the court that handled your case. Go to the police department that made the arrest. Request certified copies of records. 

[flfreddy 93]

1 hour ago, Rob Beri said:

Did your K1 visa process in the California Service Center? What were your charges if you do not mind asking? 

YES CA.   It was a felony allegation that got me arrested.   Went to 2 arraignments but each time got transferred to a lower court.  DA did not press any charges, so it ended up with a administrative hearing and basically the matter was resolved.   There was no charges to be dismissed in the first place.   So this is defined as a detention.   I got detention letter and CA in 2018 allows for such situation to be classified as no arrest and expunged off record.  However, immigration sees every arrest, court order or not for sealed or expunged arrests.

Edited January 11, 2020 by flfreddy