Including misdemeanor after 129f?

[Av&An 4]

Hello everyone,

After completing and sending 129f form, I later remembered that I did forget to mention my (petitioners) misdemeanor I had received over 10 years ago.

To fix the issue I did went to court, got the certified copy and mailed with a copy of NOA1 and a letter explaining an honest mistake of just not remembering.

Misdemeanor is for smoking a tobacco near public park... 😐

Question: I have not received any conformation that the package was received by California Service Center, should I be concerned or email for conformation?
Question: Will this cause delays or further RFE?
Question: I did not include new 129f form, should I also mail the form with additional checkmark on criminal section.

Thank you

[Family 3,549]

1. You have ur  proof of mailing ( priority mail/etc) but you don’t get anything from USCIS for supplemental filings ….it does not always reach the file

 

2. You would have had an RFE anyway, so I don’t think you added delay 

 

3. Don’t send anything else , wait for them to process your file. They may still RFE as their template for any law enforcement contact is to ask for police report, charging doc, any plea and sentencing. 

[SalishSea 16,852]

6 hours ago, Family said:

2. You would have had an RFE anyway, so I don’t think you added delay 

Not if he checked "NO" for the criminal history questions.

[Mike E 11,726]

39 minutes ago, Jorgedig said:

Not if he checked "NO" for the criminal history questions.

USCIS wouldn’t do a background check on the petitioner?

 

edit: answer: yes it will. 
 

https://www.uscis.gov/sites/default/files/document/guides/K1_Process_V11.pdf

 

“The U.S. citizen (the petitioner) files Form I-129F, Petition for Alien Fiancé(e), with USCIS. The petitioner must show that both parties are free to marry and intend to marry within 90 days of the foreign national’s admission to the United States as a K-1 nonimmigrant. Generally, the U.S. citizen and the fiancé or fiancée must have met each other in person during the 2 years before filing the petition. For more details, see uscis.gov/i-129f.
USCIS performs background checks* on both individuals as part of the Form I-129F adjudication. *Background checks include checks of criminal, national security and other information.”

 

So RFE (best outcome) or denial, or denial with prejudice (worst outcome). 

Edited April 15, 2022 by Mike E

[SalishSea 16,852]

3 hours ago, Mike E said:

USCIS wouldn’t do a background check on the petitioner?

 

edit: answer: yes it will. 
 

https://www.uscis.gov/sites/default/files/document/guides/K1_Process_V11.pdf

 

“The U.S. citizen (the petitioner) files Form I-129F, Petition for Alien Fiancé(e), with USCIS. The petitioner must show that both parties are free to marry and intend to marry within 90 days of the foreign national’s admission to the United States as a K-1 nonimmigrant. Generally, the U.S. citizen and the fiancé or fiancée must have met each other in person during the 2 years before filing the petition. For more details, see uscis.gov/i-129f.
USCIS performs background checks* on both individuals as part of the Form I-129F adjudication. *Background checks include checks of criminal, national security and other information.”

 

So RFE (best outcome) or denial, or denial with prejudice (worst outcome). 

Yes, in theory.

 

But there is always the story of @John & Rose

[Av&An 4]

Thank you everyone, I appreciate everyone's responses.
I'll just be on standby and wait for their decision.
Guess I have another fear unlocked today, possibility of the case being denied and having to do the package all over again...

[Family 3,549]

You will NOT get a denial, at most an RFE .
USCIS is actually VERY VERY good about giving people the chance to give additional docs…sometimes even asking for the same thing twice , Lol!
There was a brief period in the not too distant past of Prolific  Presidential Proclamations that USCIS said if any Initial Filing Doc/info missing, it shall be denied without even an RFE…and if a little box was left blank, it shall be rejected …https://www.uscis.gov/newsroom/news-releases/uscis-reaches-settlement-agreement-in-no-blank-space-rejection-policy-case

 

BUT, those days are gone and all you have to look forward to is a tiny RFE ( or not) , followed by APROVAL. ,

[John & Rose 7,239]

19 hours ago, Jorgedig said:

Yes, in theory.

 

But there is always the story of @John & Rose

Yes there is ALWAYS that!  

[John & Rose 7,239]

 

Here are my thoughts...in my case USCIS knew that I failed to disclose but I met all the requirements to file.  The made a notation and sent the petition on its way since they are not responsible for approving the visa.  The CO knew about it and took the passports knowing that the decision would be made in AP.  I am 100% in agreement with how they proceeded.  Very by the book and very logical.  

 

The OP's case will NOT get an RFE since they are not going to go back and fill the form out for the petitioner.  He signed the petition with the statement that all information is complete and honest.  There will be no RFE since he didnt disclose it.

 

BUT!!!!!

 

In my experience they only deny failures to disclose on physical altercations.  My arrest that was dropped and expunged 30 years prior was for misdemeanor simple battery.  I struck someone with my fist.  The reason the background is required in the K-1 process is to protect the beneficiary from a potentially abusive relationship.  I know a convicted (did time federally) felony arsonist that didnt disclose and was approved.  

 

In my opinion the OP should have disclosed but there will be no denial because his crime is not something that would potentially impact the beneficiary.  I believe they will be fine because the law requires that the beneficiary know of the past but smoking near a public park will not necessarily be a red flag that the State Department will need to worry about.

[Av&An 4]

Hello everyone,

To update, I was approved without RFE.

Not sure how much sending USCIS a copy of my misdemeanor helped, but always a great news for passing without RFE.

Hope this helps someone out there.

Thank you all for all the Information and support.

[FENIX-VIJAY 0]

On 4/7/2023 at 11:19 PM, Av&An said:

Hello everyone,

To update, I was approved without RFE.

Not sure how much sending USCIS a copy of my misdemeanor helped, but always a great news for passing without RFE.

Hope this helps someone out there.

Thank you all for all the Information and support.

This helped me. Thank you & congratulations on your approval