I-129 or I-130 for those with criminal records [merged threads]

[GnvG8tor 0]

New here so forgive me if this is the wrong place to put this. Is there anything as "too much" documentation when it comes to the criminal records question of the I-129f affidavit? I have 3 cases that I believe require documentation. To be safe, I got everything the court records office had and got every document certified. For one case I'm looking at about 50 pages. I still have 2 more cases so could easily be over 100 pages of court documents (alot of which they probably don't need or want). So to summarize should I really parse out what I think they need .."all court and police records showing the charges and dispositions for every arrest or conviction."...or should I play it safe and just send literally every piece of paper I can get from the court records dept?

 

Thank you so much this site has been a wealth of information so far.

[SalishSea 14,449]

5 minutes ago, GnvG8tor said:

New here so forgive me if this is the wrong place to put this. Is there anything as "too much" documentation when it comes to the criminal records question of the I-129f affidavit? I have 3 cases that I believe require documentation. To be safe, I got everything the court records office had and got every document certified. For one case I'm looking at about 50 pages. I still have 2 more cases so could easily be over 100 pages of court documents (alot of which they probably don't need or want). So to summarize should I really parse out what I think they need .."all court and police records showing the charges and dispositions for every arrest or conviction."...or should I play it safe and just send literally every piece of paper I can get from the court records dept?

 

Thank you so much this site has been a wealth of information so far.

Most here with direct experience would probably agree that more is better.   Paging @John & Rose

 

Do any of your crimes fall under the  Adam Walsh Act?

Edited Friday at 02:14 AM by SalishSea
Paged wrong John & Rose!

[GnvG8tor 0]

Thank you for your response. No, thank God none fall under the Adam Walsh Act. But, I have a Domestic Battery from 2002. I won't go into the details, I had just turned 18. I am guilty of the charges, and have since done a lot of personal work. It's always regretful to have to look at the record though. No serious injury occurred from it. The second charge, was a violation of the injunction (we were young and so uninformed I went to the appointment with her at the State Attorney's office and they arrested me on site). For some reason I thought it was for both of us, again super young super dumb. The last charge is 2009 reckless driving with alcohol and possession of paraphernalia. But if yall recommend that more is better, I'll get every single piece of paper that courthouse has on me (and certified).

 

Thank you in advance. 

Edited Friday at 02:20 AM by GnvG8tor

[Chancy 5,300]

*** Moved from K1 Progress Reports to IMBRA Special Topics, where similar topics are discussed ***

 

19 hours ago, GnvG8tor said:

if yall recommend that more is better, I'll get every single piece of paper that courthouse has on me (and certified).

 

I would also go with more, rather than less.  But what I recommend is marrying and pursuing a spouse visa instead.  You do not have to provide any court records nor disclose your criminal background if you file an I-130 petition for spouse instead.

 

[GnvG8tor 0]

42 minutes ago, Chancy said:

*** Moved from K1 Progress Reports to IMBRA Special Topics, where similar topics are discussed ***

 

 

I would also go with more, rather than less.  But what I recommend is marrying and pursuing a spouse visa instead.  You do not have to provide any court records nor disclose your criminal background if you file an I-130 petition for spouse instead. 

 

Wow, really? I also see theres a file online option for that. We would have to get married in her country (Philippines). I'm not against that, if you think it would make the process smoother  

[Chancy 5,300]

3 minutes ago, GnvG8tor said:

We would have to get married in her country (Philippines).

 

Marrying online is also an option.  Check https://www.utahcounty.gov/dept/clerkaud/PassMarr/RemoteAppearanceFAQ.asp

 

BUT, you must meet in person during or after the online wedding ceremony, before you file the I-130 petition.  Check the thread below about another couple considering the CR1 process after a Utah online wedding.  Beneficiary is also a Filipina.

 

 

[GnvG8tor 0]

Thank you @Chancy!

[GnvG8tor 0]

Posting this to get more feedback as a user suggested we marry and go I-130 spousal visa route since I have criminal records. If anyone has recommendations or suggestions that would be great. I have no problem speaking with an attorney, but so far I was quoted $5700 by Hacking Law and I was hoping to do all of the leg work myself but am willing to pay a fee for basic legal advice on this one. My criminal history is as such:

 

2002- Domestic Battery

2003- Violation of Injunction 

2009- Criminal traffic- DUI plead down to reckless driving with alcohol and possession of paraphernalia.

 

The 2002 Domestic battery charge- I was living with my girlfriend, we were both 18 (barely) and yes I committed battery as to the letter of the law. There was no major injury and I completed probation and batter's intervention.

2003- this charge was related to above. I still can't believe this one. Of course when I was released the next morning after the Dom Batt charge, her father picked me up and took me to the apartment we lived in. We both ignored the injunction, as it was court ordered (she wanted to drop the charges immediately but State of FL picks them up). Anyways I was so dumb when she got her appointment to go meet with the State Attorney I went with her. I thought I was supposed to go! I was arrested in the bldg. Look, judge me I was sooooo dumb!!!! Grateful to have grown up a bit. 

2009- driving with less than 20 grams of pot (about 2 grams or $25 worth to be exact) and a pipe. I ran a stop sign inside an apartment complex (that I couldn't see because the trees covered it) and I blew less than the alcohol limit (only had 2 drinks) but unfortunately did have the pot and pipe. I took a plea deal and got reckless driving with paraphernalia. Completed probation and everything.

*side note going on 8 years of recovery from ALL drugs and alcohol in a 12 step program and can provide multiple character references regarding such. 

 

The domestic battery looks bad and is ugly. I always regret having to dig this up and explain it. I'm a registered nurse and I've had to get records and explain that one over and over again. Every time (thank God) I've been approved for whatever it is that I'm applying for. I have been authorized and allowed to work with pediatrics, the elderly, the most vulnerable in our population. That being said, I make no excuses for my actions and behavior. It's disgusting and I deeply regret having committed those acts. I know it doesn't matter to argue my case here, but I honestly feel better getting that off my chest. 

 

Soo (if you actually read that thank you) it was suggested on another forum that we get married and file the spousal route as there is no question about criminal history. Thoughts on that?

 

FYI/PS- yes she is aware of all of my past failures and sins and still chooses to love me still (crazy right?). Thanks for your time.

 

Edited: forgot to mention that I went to the court house and got every single document in these files, certified copies. I am prepared to send them all in, but its almost 100 pages. 

Edited Saturday at 07:28 PM by GnvG8tor

[GnvG8tor 0]

Also to note: tried the "ask a Lawyer" option and doesn't seem to be activated right now......

[Redro 2,947]

3 hours ago, GnvG8tor said:

Posting this to get more feedback as a user suggested we marry and go I-130 spousal visa route since I have criminal records. If anyone has recommendations or suggestions that would be great. I have no problem speaking with an attorney, but so far I was quoted $5700 by Hacking Law and I was hoping to do all of the leg work myself but am willing to pay a fee for basic legal advice on this one. My criminal history is as such:

 

2002- Domestic Battery

2003- Violation of Injunction 

2009- Criminal traffic- DUI plead down to reckless driving with alcohol and possession of paraphernalia.

 

The 2002 Domestic battery charge- I was living with my girlfriend, we were both 18 (barely) and yes I committed battery as to the letter of the law. There was no major injury and I completed probation and batter's intervention.

2003- this charge was related to above. I still can't believe this one. Of course when I was released the next morning after the Dom Batt charge, her father picked me up and took me to the apartment we lived in. We both ignored the injunction, as it was court ordered (she wanted to drop the charges immediately but State of FL picks them up). Anyways I was so dumb when she got her appointment to go meet with the State Attorney I went with her. I thought I was supposed to go! I was arrested in the bldg. Look, judge me I was sooooo dumb!!!! Grateful to have grown up a bit. 

2009- driving with less than 20 grams of pot (about 2 grams or $25 worth to be exact) and a pipe. I ran a stop sign inside an apartment complex (that I couldn't see because the trees covered it) and I blew less than the alcohol limit (only had 2 drinks) but unfortunately did have the pot and pipe. I took a plea deal and got reckless driving with paraphernalia. Completed probation and everything.

*side note going on 8 years of recovery from ALL drugs and alcohol in a 12 step program and can provide multiple character references regarding such. 

 

The domestic battery looks bad and is ugly. I always regret having to dig this up and explain it. I'm a registered nurse and I've had to get records and explain that one over and over again. Every time (thank God) I've been approved for whatever it is that I'm applying for. I have been authorized and allowed to work with pediatrics, the elderly, the most vulnerable in our population. That being said, I make no excuses for my actions and behavior. It's disgusting and I deeply regret having committed those acts. I know it doesn't matter to argue my case here, but I honestly feel better getting that off my chest. 

 

Soo (if you actually read that thank you) it was suggested on another forum that we get married and file the spousal route as there is no question about criminal history. Thoughts on that?

 

FYI/PS- yes she is aware of all of my past failures and sins and still chooses to love me still (crazy right?). Thanks for your time.

 

Edited: forgot to mention that I went to the court house and got every single document in these files, certified copies. I am prepared to send them all in, but its almost 100 pages. 

Go the spousal visa route for sure. If you go K1 the petition will be sent to Vermont and you'll be waiting for an even longer than usual amount of time. 

I believe the only thing that might prevent you from petitioning your fiance/wife to be is if the battery in 2002 falls under the Adam Walsh act- you might need a waiver to show you are not a danger to your wife. A caller on Hacking's show needed to be petitioned by her stepson because her husband had an Adam Walsh offense in his history. Not sure if you and the girlfriend being barely 18 helps you or hurts you. Hopefully others will chime in with advice. 

Edited Saturday at 10:37 PM by Redro

[GnvG8tor 0]

Thank you so much @Redro for your time. I don't know why I put barely 18. I was 18 and a half, and she was a year older (19). Not sure if any of that matters. And from what I see of the Adam Walsh act it seems to be dealing with acts against children? I don't believe this charge would qualify, but I wouldn't be surprised if it won't be a road bump that raises questions and flags. If you recommend any legal experts I'd be obliged to ask them. Thank you so much.  

[TBoneTX 38,414]

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