K1 Visa RFE for Criminal Record

[Noahn369 0]

Hi Everyone,

 

I (petitioner of I 129F) received an RFE regarding two alcohol related citations I received more than 15 years ago which I was not arrested for (underage drinking and possession of alcohol in a state park). I am unable to obtain police records or court records for these citations and I don't recall specific details that are being requested. I was able to obtain a certified letter from the court stating that there is no record for me on file (including the court seal). I also obtained a certified background check from the PA state police stating that I have NO criminal record. I am in the process of writing a statement to the best of my abilities but I am relying on my memory. Does any one have any advice or thoughts on if this will suffice? ( certified letter from the court with stamp seal, background check from PA state police, and notarized letter)

If I recalled something incorrectly in my statement, will I be punished by immigration services and not be able to re-apply for CR-1 spousal visa?

[Chancy 6,233]

*** Moved from K1 Progress Reports to K1 Process & Procedures ***

 

On 3/3/2023 at 7:41 PM, Noahn369 said:

Does any one have any advice or thoughts on if this will suffice?

 

Check the posts below for ideas --

 

[Noahn369 0]

Thank you for the response. I looked through the posts and I am still not sure If what I have is sufficient. The Police Departments are not willing to write a letter,  they are just stating the records don't exist any more. Is the certified letter from the court and notarized statement sufficient? 

[a89syd9a 10]

The RFE says pretty clearly what they want from you.

 

1.) Certified letter from the court

2.) Notarized statement describing: 

 

- The events that lead to the arrest,

- The arresting agency,

- What charges were filed if any, the final disposition,

- A list of all charges,

- The location of the court

- Any punishments applied

 

You don't have to write them a bedtime story, you can just give the basic information as long as you answer the specific questions they are asking. Example: You were drunk and did xyz. Agency ABC responded and detained you. They determined not to file criminal charges but issued a civil citation for 123456. The County Civil Court of Blahblah, Blahville dismissed the case. No other punishments were imposed.

 

If USCIS wanted anything more from you, it would have said so on the RFE.

Edited March 19, 2023 by a89syd9a

[Noahn369 0]

Thank you for the response. I was never detained or arrested, Due to the passing of time (14+ years) I can only answer these questions to the best of my knowledge/memory and I don't to answer dishonestly and risk my case being denied.

 

 

 

 

 

[Noahn369 0]

The RFE mentions at the top to submit copies of all court and police records. I obtained certified documents from the court stating that there are no records. Does that automatically imply that there are no police records or do I need additional evidence to establish the nonexistence of police records?

Edited April 8, 2023 by Noahn369

[Noahn369 0]

I know it seems pretty straight forward but its giving me so much anxiety and I am losing sleep over this. They need to receive my response by May 12th, so I have to send out what I have pretty soon. I was going to send it out today and I was feeling pretty good about it but now I keep thinking there might be more I can do to ensure a positive outcome. Am I over thinking this?  I saw one person got an FBI background check done is that necessary ?

 

Here is what I have:

1.Certified statement from the court with court stamp establishing non-existence of records

2.Notarized statement detailing events etc.

3.Certified PA state police background check indicating no criminal record

 

 

 

Thank you in advance to anyone who can help clear this up, I am stressing big time. 

 

 

 

Edited April 8, 2023 by Noahn369

[W199 264]

52 minutes ago, Noahn369 said:

I know it seems pretty straight forward but its giving me so much anxiety and I am losing sleep over this. They need to receive my response by May 12th, so I have to send out what I have pretty soon. I was going to send it out today and I was feeling pretty good about it but now I keep thinking there might be more I can do to ensure a positive outcome. Am I over thinking this?  I saw one person got an FBI background check done is that necessary ?

 

Here is what I have:

1.Certified statement from the court with court stamp establishing non-existence of records

2.Notarized statement detailing events etc.

3.Certified PA state police background check indicating no criminal record

 

 

 

Thank you in advance to anyone who can help clear this up, I am stressing big time. 

 

 

 

The FBI background check that you get is useless because specifically states that it can not be used for purposes like this. Furthermore the USCIS has full access to multiple different FBI database including sealed and expunged records, This is the first thing they check.  Why would they want your limited personal identity record? lol   However, checking your own FBI record is always a good idea. It only takes a day or two if you use an agency for about $50.

 

Item #1 above is critical and should be adequate especially with #2

Item #2.   They key for this is to be sure to include the disposition of your case, for example, "Found Guilty, Paid the citation of $1K"  or whatever really happened.  They want to make sure the case is closed. 

 

Or consult a lawyer for real legal advice

 

[Noahn369 0]

Here is what I have detailed in my letter. Is this exactly what they want to see? Am I leaving anything out?

 

 

 

[a89syd9a 10]

15 hours ago, Noahn369 said:

Here is what I have:

1.Certified statement from the court with court stamp establishing non-existence of records

2.Notarized statement detailing events etc.

3.Certified PA state police background check indicating no criminal record

The documents you have are fine and your letter answers their questions. If it's notarized, send the documents.

 

You're not the first or last person to apply for immigration benefits with some citation, arrest, or other run-in with the law. It's not a big deal, just meet the requirements they are asking, which you appear to with the documents you have, and send them.

[Noahn369 0]

Thank you for the words of encouragement @a89syd9a. I just wasn't sure if the part where they mention "and police records" as a technicality to deny my request but it makes me feel good to know you agree with how I am interpreting it. 

Edited April 8, 2023 by Noahn369