Police records RFE

[Pollotra 0]

Hello, 

 

I recently received an RFE requesting police and court records for a temporary restraining order that occurred in 2014. However, I was never arrest, detained, or charged with anything and was only given court records saying I can request a court date if I'd like (I never did and the case was closed with no action). In calling the police station, they told me it can take upwards of two weeks to obtain records if they have them. This is not ideal as we would like to get the paperwork moving along.

 

My question is, considering I have a clean record with no felony or misdemeanors, is it necessary to include police records? Or should I go ahead and respond to the RFE including only court documents and an explanation of the incident? The only thing that would be available from the police, if any, is what the officer took down on the date the incident occurred.

 

Thank you for your help!

Edited November 30, 2020 by Blasnmt

[Pollotra 0]

I should note that this is only being asked as I checked yes to the question "indicate whether you have been subject to a temporary or permanent restraining order." I said yes to this as I was subjected to a temporary one, but now I'm rethinking if that was correct since I was never arrested, charged, or went to court for anything.

[Babu Frik 1,162]

20 minutes ago, Blasnmt said:

I should note that this is only being asked as I checked yes to the question "indicate whether you have been subject to a temporary or permanent restraining order." I said yes to this as I was subjected to a temporary one, but now I'm rethinking if that was correct since I was never arrested, charged, or went to court for anything.

you don't need to be arrested to be served with a restraining order.

the case being dropped does't change that you were served.

[Pollotra 0]

1 hour ago, Babu Frik said:

you don't need to be arrested to be served with a restraining order.

the case being dropped does't change that you were served.

Thank you for the clarification. I do remember having to go pick up the papers of the order which sounds like it counts as being served. With all things considered, is it necessary to wait for police reports to include? I am unsure if any exist or if they would add value. 

[Babu Frik 1,162]

33 minutes ago, Blasnmt said:

Thank you for the clarification. I do remember having to go pick up the papers of the order which sounds like it counts as being served. With all things considered, is it necessary to wait for police reports to include? I am unsure if any exist or if they would add value. 

You don't have an option, your case is paused until the RFE is satisfied.

The only other option is providing an explanation that would they would be ok with for not providing them.

 

 

[SalishSea 17,928]

4 hours ago, Blasnmt said:

Hello, 

 

I recently received an RFE requesting police and court records for a temporary restraining order that occurred in 2014. However, I was never arrest, detained, or charged with anything and was only given court records saying I can request a court date if I'd like (I never did and the case was closed with no action). In calling the police station, they told me it can take upwards of two weeks to obtain records if they have them. This is not ideal as we would like to get the paperwork moving along.

 

My question is, considering I have a clean record with no felony or misdemeanors, is it necessary to include police records? Or should I go ahead and respond to the RFE including only court documents and an explanation of the incident? The only thing that would be available from the police, if any, is what the officer took down on the date the incident occurred.

 

Thank you for your help!

Unfortunately, that is not within your control.

 

If you respond to the RFE without exactly what they are asking for, you can be denied or delayed further.  

[Pollotra 0]

Thank you all for your input! Looks like waiting is the best option. I'm really thankful to everyone here who has been able to help with the process.

[Babu Frik 1,162]

Just another note, if you wait too long that can be bad too, see if there's a timeframe on the RFE notice in which you need to reply.

[SalishSea 17,928]

It is generally a 30 day response time allowed, although lately VJ members have been reporting extensions to RFE response time allotments.

[ClioNicole 60]

My fiancé didn't think his past record was irrelevant too (some minor hunting issue and he argued we wasn't even arrested)

but look how long it took us. lol

 

I-129F RFE(s) :	2020-01-27
RFE Reply(s) :	2020-04-01
I-129F NOA2 :	2020-04-27

 

He had to get his paperwork from Alaska. 

 

 

BTW, No activity since then because of this pandemic so the name of the game here is "HAVE LOTS OF PATIENCE" or you'll go insane. 

[ClioNicole 60]

7 hours ago, Babu Frik said:

Just another note, if you wait too long that can be bad too, see if there's a timeframe on the RFE notice in which you need to reply.

 

2 hours ago, Jorgedig said:

It is generally a 30 day response time allowed, although lately VJ members have been reporting extensions to RFE response time allotments.

 

We were given 87 days to comply and yes there's a date indicated on the RFE letter for the deadline.