About to start K1 Process. AWA Arrest/Acquittal/Expungement

[lightxpillar 1]

Long story short:

 

12 years ago my fiance was arrested, charged, and found NOT GUILTY of a charge that falls under the AWA. It was a jury trial. At the trial, the judge recommended that he file an expungement because of how serious it was,  and he did, and it was granted. He currently works for the state government and had an FBI Background run on him in 2021 that said there was no record of any arrests (he still has the FBI Report).

 

We are looking to file the I129F with a child added on,  and we want to know if this will cause any issues. He is considering having a new FBI background report ran and a State Police one and attaching it as supporting evidence. Any advice, information, or direction to people in similar situations would be really appreciated. He contacted his former public defender and was told that getting a copy of that record was next to impossible.

 

[TBoneTX 43,060]

Welcome to the forum!

 

That's about all that you can do.  You'll have to provide all possible information, with the chance that you'll be asked for more.  Maybe you can call an FBI office, explain your situation to a supervisor, and see what other records they can come up with.  Or, before contacting the FBI directly, ask your Congressman's office for ideas.

 

Good luck, and keep us apprised here.

[SalishSea 16,775]

1 hour ago, lightxpillar said:

Long story short:

 

12 years ago my fiance was arrested, charged, and found NOT GUILTY of a charge that falls under the AWA. It was a jury trial. At the trial, the judge recommended that he file an expungement because of how serious it was,  and he did, and it was granted. He currently works for the state government and had an FBI Background run on him in 2021 that said there was no record of any arrests (he still has the FBI Report).

 

We are looking to file the I129F with a child added on,  and we want to know if this will cause any issues. He is considering having a new FBI background report ran and a State Police one and attaching it as supporting evidence. Any advice, information, or direction to people in similar situations would be really appreciated. He contacted his former public defender and was told that getting a copy of that record was next to impossible.

 

Does he plan to disclose the arrest on the I-129F?

 

"Expunged" does not mean USCIS/DOS will not have access to records.  You can of course include any supporting documentation you wish to, but USCIS will also run their own background checks, including FBI and state police.  

Edited February 12 by SalishSea

[Ontarkie 13,917]

Disclose it and supply the court document of Not Guilty. 

Edited February 12 by Ontarkie

[W199 264]

4 hours ago, lightxpillar said:

Long story short:

 

12 years ago my fiance was arrested, charged, and found NOT GUILTY of a charge that falls under the AWA. It was a jury trial. At the trial, the judge recommended that he file an expungement because of how serious it was,  and he did, and it was granted. He currently works for the state government and had an FBI Background run on him in 2021 that said there was no record of any arrests (he still has the FBI Report).

 

We are looking to file the I129F with a child added on,  and we want to know if this will cause any issues. He is considering having a new FBI background report ran and a State Police one and attaching it as supporting evidence. Any advice, information, or direction to people in similar situations would be really appreciated. He contacted his former public defender and was told that getting a copy of that record was next to impossible.

 

- Sounds like it shouldn't be a problem, but it has some small risks, or even risk of delays, since you said you can't get the documentation. 

- If the court records are not available, you will need to provide a letter from the court as such.

- Providing your own FBI background reports will be useless and not helpful. Just wait if they send you an RFE for any additional info.

- The FBI keeps a database of all expunged cases, and USCIS has full access to it. I think you will need the court records to prove the disposition of the case is not guilty.

 

You could file for a CR1 instead and avoid the I-129F questions,.  

[Pinkrlion 2,607]

If you have copies of court disposition, you will be OK. Without it most likely petition will be denied. Only USCIS will make that decision. 

[Loren Y 2,732]

FBI reports take about 14 weeks to get done. I do one every January, just did it and am waiting again. Anything you supply really wont matter as others have said, they will do their own. but you can get it done and have it by interview time.

[Family 3,483]

17 hours ago, W199 said:

You could file for a CR1 instead and avoid the I-129F questions

Best strategy . ..as delays could ensue on fiancée case. Some still take into consideration the nature of our judicial system ..most public version being OJ Simpson ‘s finding of innocence . 
 

That being said , the disposition from the court will suffice …along with a ( legalese ) description of law under which records were sealed /destroyed.

If you were factually innocent, the judge can order the arrest records sealed and destroyed. . Some courts also have local forms you can use. ), the attorney who represented you at trial might be able to file the request to seal and destroy the records.

 

 

 

[lightxpillar 1]

19 hours ago, W199 said:

- Sounds like it shouldn't be a problem, but it has some small risks, or even risk of delays, since you said you can't get the documentation. 

- If the court records are not available, you will need to provide a letter from the court as such.

- Providing your own FBI background reports will be useless and not helpful. Just wait if they send you an RFE for any additional info.

- The FBI keeps a database of all expunged cases, and USCIS has full access to it. I think you will need the court records to prove the disposition of the case is not guilty.

 

You could file for a CR1 instead and avoid the I-129F questions,.  

Thanks for this info. We were under the impression that either direction (K-1 or CR-1) would be subject to this question and review.

[lightxpillar 1]

11 hours ago, Pinkrlion said:

If you have copies of court disposition, you will be OK. Without it most likely petition will be denied. Only USCIS will make that decision. 

 

It might be possible to get a copy of the trial order from his public defender. We will try them fist!

[lightxpillar 1]

2 hours ago, Family said:

Best strategy . ..as delays could ensue on fiancée case. Some still take into consideration the nature of our judicial system ..most public version being OJ Simpson ‘s finding of innocence . 
 

That being said , the disposition from the court will suffice …along with a ( legalese ) description of law under which records were sealed /destroyed.

If you were factually innocent, the judge can order the arrest records sealed and destroyed. . Some courts also have local forms you can use. ), the attorney who represented you at trial might be able to file the request to seal and destroy the records.

 

 

 

He has the almost every piece of documentation, he is only missing the final disposition and expungement document. He still has the discovery after all these years. 

 

I will tell him to find the original version of the law that it was expunged under so he can explain it. 

[W199 264]

1 hour ago, lightxpillar said:

He has the almost every piece of documentation, he is only missing the final disposition and expungement document. He still has the discovery after all these years. 

 

I will tell him to find the original version of the law that it was expunged under so he can explain it. 

Unfortunately, it is the final disposition that is mandatory, if you continue with the K-1 approach.  But as we've said above, a document from the court certifying that the records are not available, and even better that were expunged and no longer available if you can not produce the final disposition.  At least the latter is true for a normal criminal case, I can't be sure for an AWA case. 

 

This does seem a bit ridiculous because USCIS will see from the FBI check that there is an expunged record, and they should be able to see the disposition as well.  

 

Oh, by the way, USCIS also wants certified copies of the court papers ....

 

 

[Family 3,483]

1 hour ago, lightxpillar said:

He has the almost every piece of documentation, he is only missing the final disposition and expungement document. He still has the discovery after all these years. 

 

I will tell him to find the original version of the law that it was expunged under so he can explain it. 

He should only submit certified disposition from the court. ..definitely NOTHING from his own home copies. Of proceedings. 
‘I take it that you are solid in your trust of him..as there is only you deciding for your little one too. 
 most he can run his own FBI, make a written request to the arresting agency just to obtain a Custodian of Record letter that says No Record Found. 
 

You are right they do review and can delay both fiancé and spousal cases…but K-1 will NOT survive consular pushback.

[SalishSea 16,775]

7 hours ago, Loren Y said:

FBI reports take about 14 weeks to get done. I do one every January, just did it and am waiting again. Anything you supply really wont matter as others have said, they will do their own. but you can get it done and have it by interview time.

Ooh, I wanna request mine.  It will say "SalishSea ran a red light in 2006 in Seattle, WA."   

 

Does it show inquiries from other agencies?  Husband is in law enforcement, and I know they did background checks on me when he was going through the very thorough hiring process.

[W199 264]

22 hours ago, SalishSea said:

Ooh, I wanna request mine.  It will say "SalishSea ran a red light in 2006 in Seattle, WA."   

 

Does it show inquiries from other agencies?  Husband is in law enforcement, and I know they did background checks on me when he was going through the very thorough hiring process.

If you do it the cheap way, directly through the FBI, it does take some time.  But if you do it with the FBI's affiliated agencies, then it only takes about a day for a small fee. All the info on how to do that is on the FBI's webpage.  I did mine on the weekend with the affiliated agency, and I think it came the same or the next day.

 

It basically just runs your fingerprints and shows you any arrest record you had,, the charges, and the disposition.  It's won't be worth it if you never have been arrested and had fingerprints taken.  But you could do it for fun, just don't expect much.