I-129F Criminal History Questions

[Family 3,516]

2 minutes ago, RickFlair said:

so I need to go and schedule a FBI fingerprint background check?  I don't have the records from my previous checks.  I will try to call IdentoGo which is the company that administered my FBI fingerprint check.

Yes you do a fresh FBI and do a request for certified record search to each court / including traffic that turned into bench-warrant

 

Court and police records requests can be done online or by writing but you can call them for help 

[carmel34 3,531]

13 minutes ago, RickFlair said:

Also, 20 years ago I was arrested for unpaid speeding tickets that eventually went to an arrest warrant since I never paid.  I was quickly released after paying the unpaid tickets.  I suppose I should also list this?

The I-129F instructions are very clear, I suggest you follow them as best you can, be completely honest, and include a letter of explanation plus any arrest or court records or letters from the applicable court that no such records exist for both arrests you have mentioned here.  You will sign the petition "under penalty of perjury... that all information is complete, true, and correct."

 

Item Number 4.a. Criminal Information. Indicate whether you have ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, for any offenses other than those you have already outlined in the previous section. Unless a traffic incident was alcohol- or drug-related or involved a fine of $500 or more, you do not need to provide information on it. Item Number 4.b. Criminal History Documents. If you indicated “Yes” in Item Number 4.a., provide information that explains the circumstances, places, dates, and outcomes for each incident of arrest, citation, charge, indictment, conviction, fine, or imprisonment. You must submit court certified copies of the arrest record and/or disposition for each incident unless you submit a certified statement from the court indicating that no record exists of your arrest, citation, charge, indictment, conviction, fine, or imprisonment. If you need extra space to complete this section, use the space provided in Part 8. Additional Information.

Edited August 7, 2022 by carmel34

[RickFlair 7]

1 minute ago, carmel34 said:

The I-129F instructions are very clear, I suggest you follow them as best you can, and include a letter of explanation plus any arrest or court records or letters from the applicable court that no such records exist for either arrest you have mentioned here.

 

Item Number 4.a. Criminal Information. Indicate whether you have ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, for any offenses other than those you have already outlined in the previous section. Unless a traffic incident was alcohol- or drug-related or involved a fine of $500 or more, you do not need to provide information on it. Item Number 4.b. Criminal History Documents. If you indicated “Yes” in Item Number 4.a., provide information that explains the circumstances, places, dates, and outcomes for each incident of arrest, citation, charge, indictment, conviction, fine, or imprisonment. You must submit court certified copies of the arrest record and/or disposition for each incident unless you submit a certified statement from the court indicating that no record exists of your arrest, citation, charge, indictment, conviction, fine, or imprisonment. If you need extra space to complete this section, use the space provided in Part 8. Additional Information.

Insane that we have to list arrests that are guaranteed to not lead to denial.  Especially from 15 to 20 years ago.  But I guess we should expect that kind of waste from a government entity.

[Family 3,516]

15 minutes ago, RickFlair said:

Do you recommend me start by calling the records department in the county the arrest occurred?  Their website says a court order will be needed to view sealed records, and that not even the person who was arrested can see their sealed records without a court order.

DO NOT call as you are likely to get into the same confusion. Just request Certified Search ( by post or online , keep copy of requests) and Their Response is all you need . ( no matter what it says )

[RickFlair 7]

1 minute ago, Family said:

DO NOT call as you are likely to get into the same confusion. Just request Certified Search ( by post or online , keep copy of requests) and Their Response is all you need . ( no matter what it says )

I do see the option to request a certified search.  So I guess I can just do that instead of attempting to obtain a court order to view sealed records?  Thank you for your input and time.

[Family 3,516]

4 minutes ago, RickFlair said:

Insane that we have to list arrests that are guaranteed to not lead to denial.  Especially from 15 to 20 years ago.  But I guess we should expect that kind of waste from a government entity.

I don’t agree that criminal background checks are not a valuable tool , nor that it is a waste. But I still helped you save yourself from wasting one to two years of your life . 
Good luck , am sure you a Good Guy, stay the path

[Family 3,516]

4 minutes ago, RickFlair said:

see the option to request a certified search.  So I guess I can just do that instead of attempting to obtain a court order to view sealed records?  Thank you for your input and time.

NO NO NO . You are not making a request to unseal or view sealed JUST a search 

[RickFlair 7]

55 minutes ago, Family said:

NO NO NO . You are not making a request to unseal or view sealed JUST a search 

I was also cited for being in a park 5 minutes after closing time about 15 years ago.  I went to court to fight it, the officer didn't show up, so the ticket was dropped.  Am I also going to have to try and dig that up?  And what about a littering ticket I also received nearly 15 years ago?  Dig that up to?  This is so ridiculous.  They should just be concerned with serious or violent offenses.

[Family 3,516]

4 minutes ago, RickFlair said:

was also cited for being in a park 5 minutes after closing time about 15 years ago.  I went to court to fight it, the officer didn't show up, so the ticket was dropped.  Am I also going to have to try and dig that up?  And what about a littering ticket I also received nearly 15 years ago?  Dig that up to?  This is so ridiculous.  They should just be concerned with serious or violent offenses.

Then feel free to follow your instincts and what advice you received from the attorney since you have made up your mind. 
 

Good Luck on your journey. 

[RickFlair 7]

1 minute ago, Family said:

Then feel free to follow your instincts and what advice you received from the attorney since you have made up your mind. 
 

Good Luck on your journey. 

Do you think you have to tell the truth on polygraph tests?  Serious question.

[Family 3,516]

2 minutes ago, RickFlair said:

Do you think you have to tell the truth on polygraph tests?  Serious question.

I think you should refuse them and Lawyer Up if/when anyone tells you to take a polygraph 

[RickFlair 7]

3 minutes ago, Family said:

I think you should refuse them and Lawyer Up if/when anyone tells you to take a polygraph 

For employment purposes, if you want the job, you can't refuse.  But I am asking if you think you must tell the truth if you are the subject of a polygraph exam.  The answer is no.  Polygraph tests are fake and that is why they are not admissible in court.  However, the vast majority of people don't know this and would tell you that you must be honest because the polygraph exam will detect lies.

[RickFlair 7]

These arrest questions.... they are for the petitioner or the beneficiary?  I have a Filipino telling me that those arrest questions are for the beneficiary and not for the United States citizen.

[Letspaintcookies 2,212]

8 minutes ago, RickFlair said:

These arrest questions.... they are for the petitioner or the beneficiary?  I have a Filipino telling me that those arrest questions are for the beneficiary and not for the United States citizen.

The petition is mostly about the US citizen. The beneficiary will provide police records and such at the interview stage.

[Rocio0010 5,569]

27 minutes ago, RickFlair said:

These arrest questions.... they are for the petitioner or the beneficiary?  I have a Filipino telling me that those arrest questions are for the beneficiary and not for the United States citizen.

Not trying to be mean or condescending, but English is my second language and I don’t know how else to say it, but if you can’t figure this basic question, then this is not a DIY for you (especially with your previous arrests). Good luck!