Question about criminal charge dismissed for K-1 petitioner

[euphoriccanineluv 4]

Hello,

 

I plan to petition for a K-1 visa (I am the USC).  I was once charged (but not arrested) with simple assault in NC, a relatively minor misdemeanor.  The charges were dropped at the complainant's request voluntarily --- that is, they were dismissed unconditionally.

I plan to answer the question about the charge honestly on the I-129F.  My question is, the preparer helping me with the form did not ask about receiving a letter from the court showing the dismissal.  Is it likely to speed up the process at all if I submit a document proving the charge was dismissed, or is it not going to make much of a real difference as long as I answer honestly --- are they going to contact the court no matter what?

Edited April 19, 2023 by euphoriccanineluv

[TBoneTX 43,288]

Welcome to the forum.

 

If you haven't yet sent in the I-129F petition, obtain the document proving the dismissal, and submit it with the rest of the petition package.  Otherwise, you might receive an RFE (request for evidence) for the court records.

[SalishSea 16,827]

37 minutes ago, euphoriccanineluv said:

are they going to contact the court no matter what?

USCIS does not contact courts at all.  The burden is on the petitioner to provide all related documentation.

[Mount_Carmel 6]

Hi euphoriccanineluv!

 

Just did a quick check on your profile and you are from Greensboro, NC - correct?

 

Since you haven't filed I-129F yet, my best suggestion is to obtain a criminal background check from NC state.

 

From a quick google search, I found the NC website to Get a Criminal Background Check

 

You also did mentioned that you were never arrested and if you go to the "Criminal Information" part of Form I-129F, the question is "Have you EVER been arrested or convicted.." - If not, then answer NO

 

I'm sure that if you do request a criminal background check for yourself, it will come up as "clear". If it doesn't, at least you already have a copy and can include it as additional evidence when you do file for a K1.

 

Good luck and hope this helps! ❤

 

[euphoriccanineluv 4]

Hi everyone, thanks for all your help.

 

Mount Carmel, I wanted to follow up on your comment --- question 4a on the form that was prepared states "have you ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country" ... excluding minor traffic violations.  That is the question that I have to answer yes to, because of the "charged" wording, even with no disposition of guilt.  The rest are "no's".

[Family 3,536]

2 minutes ago, euphoriccanineluv said:

That is the question that I have to answer yes to, because of the "charged" wording, even with no disposition of guilt.  The rest are "no's".

You are smarter than your form preparer.

 

Do as recommended by others , disclose and send in court disposition. 
Give original court record to your fiancé to carry w her at interview .

[carmel34 3,532]

2 hours ago, Mount_Carmel said:

I'm sure that if you do request a criminal background check for yourself, it will come up as "clear".

USCIS has access to criminal records that do not show up on websites such as the one you suggested.  We have seen K-1 cases here on VJ where the petitioner did not disclose something as simple as being charged with a crime that was later dismissed, and when it was discovered during the visa process, the visa was denied because of misrepresentation.  It's always best to be completely truthful.  If the OP cannot get the court records, a signed statement that describes the details of the charges, dismissal, with a statement from the court that no records exist, is the only way forward.

[Sut 4]

22 hours ago, euphoriccanineluv said:

Hello,

 

I plan to petition for a K-1 visa (I am the USC).  I was once charged (but not arrested) with simple assault in NC, a relatively minor misdemeanor.  The charges were dropped at the complainant's request voluntarily --- that is, they were dismissed unconditionally.

I plan to answer the question about the charge honestly on the I-129F.  My question is, the preparer helping me with the form did not ask about receiving a letter from the court showing the dismissal.  Is it likely to speed up the process at all if I submit a document proving the charge was dismissed, or is it not going to make much of a real difference as long as I answer honestly --- are they going to contact the court no matter what?

My friend just got an RFE for this exact same situation! Get the paperwork of the dismissal that you need and send it if you haven't already!! She's had to go through hoops just to get this documentation!

[yibkeith 25]

Yeah, get the records to avoid delays. From my RFE: