HoneyMar

I had a conviction from 20 years ago,  that under the International Marriage Broker's Regulation Act qualifies as a conviction for which you must submit court records including police reports and court dispositions. The crime involved breaking a restraining order. There was no violence involved in the breaking of the restraining order. But breaking a restraining order no matter what, is considered domestic violence!

I asked my local County Criminal records department for the records and they declared that they were destroyed. They had nothing for me. I asked my local municipal courthouse where the hearing took place for the Criminal records and they declared that they were destroyed and not available. They issued me a certified letter saying so much. The letter was stamped with the official court seal.

PDF Instructions for Petition for Alien Fiancé(e)

Requirements and Documents

3

A

If you have ever been convicted of any of the following crimes, submit certified copies of all court and police 
records showing the charges and dispositions for every conviction. You must do so even if your records were sealed 
or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no 
longer have a record.

How are you supposed to provide these documents if they've been destroyed and the court says so and they're not available?

(ON THE I129F PDF FORM) instructions for Part 3  Questions 2 a-c  (On The Form)

These questions must be answered even if your records were 
sealed or otherwise cleared or if anyone, including a judge, law 
enforcement officer, or attorney, told you that you no longer have 
a record. Using a separate sheet(s) of paper, provide information 
relating to the conviction(s), such as crime involved, date of 
conviction and sentence.

I did what these instructions said.  I mentioned the conviction, docket number, a YP code, and final disposition.

Then,  5 months later I get an RFE with new instructions.

RFE instructions 5 months later.

Please submit certified copies of court records identifying the complaint and the final disposition for every conviction. The final disposition should be obtained from the court where the hearing took place. You may submit original documents, or certified copies which must include the relevant Court seal stamp. 

Yep the court disposition is not available you must obtain a certified letter from the court stating that there is no record. You may submit original documents establishing the non-existence of Court records or certified copies which must include the relevant Court seal stamps.

Why the USCIS did not mention this on the i29f form instructions or on the i29f itself 5 months ago when I first filled out the application is beyond me I find this to be grossly negligent. Now after sending in the court certified statement that the records were not available I'm waiting 3 weeks and I've heard nothing. If you compare the three paragraphs of instructions the original from the i29f PDF for instructions and the instructions on part three question to a through C on the form itself and the instructions on the rfe they don't Jive. What a waste of time and what negligence.

The USCIS directions on the i-129f form at least in one section are lame. I am completely disappointed in their service in general and about a third of the people I talked to on the phone were completely rude. The lack of instructions for a simple form question caused me to get an RFE which has takien them now what will now be over 3 weeks to respond to. I figure it might take 30 minutes to respond to and then send it out or maybe two three, or four days to respond to and then send it out so like maybe 8 days total. But somehow after taking five months to just look at my application, now they're taking 3 weeks on a step that like I said should only take at the maximum 25 minutes or 3 days. I don't really understand why if they ask you to sign to prove that you'll take care of your fiance financially, duh,  and you're still under the jurisdiction of the United States law, why they can't just hurry the bleep up and get me on to the Visa and Embassy process. I am very very very disappointed in their ignorance in provinding incorrect and or deficient form instructions and their providing what seems to be misleading directions and slower than glacial administrative  processing as well as a portion of customer service representatives that rival labatomized tyrants.

I just received a text from the USCIS telling me there is an update to my case and to check the case status on their website. I was very excited to do so because it has been 17 days since the case status was updated with a statement saying they received my evidence from the rfe. When I press the link and submitted my receipt number to check the case status it is exactly the same case status that I've had for 17 days.  So much for technology.

On 6/16/2017 at 6:07 AM, manisali45 said:

 We gor rfe in May, too.They received it in May 31st and we got approval June 7th.

They have had my evedence for over 11 but only 7 business days.   My RFE was for a cmplaint and fibnal disposition on a breaking of a restraining order from 20 years ago.   The county and local courts destroyed the file and so I sent s certified letter stating such from the local courthouse where the case was heard 20 years ago.  

Now I guess they are looking at my rap sheet and who knows what they will decide. 

On 6/22/2017 at 2:50 PM, ChristaandJosh said:

Hey I our RFE was delivered to the uscis today. Waiting on some update on case tracker. Do you know how long it takes for them to notify you?

If I remember correctly, from what I have noticed through recent  posts of the people on this February 2017 K1 filers forum is all the people who send in evidence after an RFE request get approved within a week or two.  Also while reviewing some people's timelines this window of time seems to be a recent norm.  Each case would and can be different and with mine I am hoping for the same results.    My evidence involves records or lack there of of an incident of 20 years ago.  A restraining order violation.   Among other similar complications, I feel quite hopeless in being absolutely sure I'll be approved or in a quick fashion, but I may very well be, and I think I will.   But, then onto the NVC of which I have no idea if they will run a criminal check on me and see criminal reports connected to federal files which always exist.  My municipal file and county file was destroyed, but the federal file exists with a police report etc.   I hope we all are given a chance through an approval and that we do our best and succeed brilliantly and in a timely fashion.  Good luck!!!

5 hours ago, Ahnelle said:

hi guys just asking if im the only feb filer here who doesnt have noa2 yet?? Feb 27 Noa1..

I have a  NOA1 date of 2/28/2017.   Just sent in evidence re: an RFE.  It arrived at the CSC today.  I hope to be approved within a week.  But, no, at this point you are not the only one.  And I think there are quite a few Feb. folks still waiting for NOA2.  My prayers for you and us all.

21 hours ago, Chaud18 said:

Hello so we got approved 😀😀😀😀 Noa1 2/9 . RFE 5/30. RFE received 6/9 . Approval 6/14 !!!!!! Wow so the RFE are getting approved fast also ! And the online tracker also says approve ! So it's working now for me lol !!!! Congrats everyone 😀😀😀😀

I just checked my case status on the USCIS website and it says a RFE was sent out yesterday Jun. 15.  I am just so curious what they want.  What did they need from you?

Mar

23 hours ago, Irisandjoel said:

Congrats! My fiance just got an email today with NOA2 and our case has been approved!! NOA1 was feb 28th.

So happy!! Wasn't expecting this at all, I have been updating our case status non stop all last week and no change, he called USCIS on monday and they said they were processing dec 15th and I almost broke down.. So I signed up here thankfully and calmed down fast seeing Feb appliers are already getting approved.. but I expected to wait a few weeks more at least!

 

And the timing is perfect, I'm flying to the US tomorrow for the first time in 5 months to see my future husband and we're celebrating our first anniversary tomorrow night  Now we can celebrate this too!

I too have  a NOA1 of Feb 28, 2017.   I am so anxious to get a NOA2.  My fiance keeps wondering when the embassy will call her etc.   I have to keep saying it could be 1 month or 6 weeks or 8 weeks.  I'll admit, all the waiting depresses me and stresses me out.  I am checking my email at least 3 times a day now as from this site I can see people with the same NOA1 as me are getting approved.   I pray I get approved and no day now is too soon.  I hope my NOA2 is as timely as yours.

On 1/11/2012 at 4:28 PM, I AM NOT THAT GUY said:

The petitioner has to answer "yes" to one of the questions that requires additional explanation and supporting evidence. An FBI background check is conducted on the petitioner as a matter of course, so anything he omits disclosing would be discovered anyways. Everybody gets checked, and rechecked, several times in this process.

In the case that everyone gets an FBI check, and in my case where I did not supply anything but a hand written disclosure of a broken restraining order conviction of 20 years ago, and with my confusion of police and court records being required for couples who met in through an international marriage broker, I am curious if the USCIS won't just confirm my written admission against DOJ FBI records they pull up themselves?  The way the instructions for question 3 of the criminal question section for the  I 129F seem to only requine court records if a couple met through an international marriage broker.   And if they are going to run a check why make the applicant send the same info.    Anyone who can enlighten me on what I might expect please do so.  The municipal and county records are destroyed so I'd be getting a criminal,record from the lives can DOJ process as far as I know.   I am wondering why if they will see the same exact info?   It would be nice if the instructions were more clear or maybe I have done all I need by giving written disclosure including conviction date , final,disposition and docket number.   I have a few copies of the police report from every time some government agency wants a copy of my past.   

On 3/1/2017 at 11:44 AM, mighty836 said:

Just received my Text/Email  NOA1. So happy !!!!

Got mine yesterday.   Feeling stoked also!

16 hours ago, RaptureSongbird said:

 

I think we all have those same worries, that if we forgot to check a box correctly or answer a certain question correctly or didn't provide enough evidence, that we will get denied.  I've been following these forums for about 9 months.  I ended up here when I was first thinking of proposing to my fiance and wondering about how to get him to the states if I did.  These forums are amazing and a wealth of knowledge and, I've noticed, that each month's filing group does become like a family, helping and supporting each other through all the ups and downs of this process.  It can sometimes feel like such a long journey and process but we are all here to support each other through it.  In the end, I think it helps to maintain focus on the end goal, I am in this for love and for the opportunity to finally have my love here with me and, to me, that makes all of this worth it.

Thanks for reaching out and your kind words.   I am definitely in this for love!   Best wishes!

Hello everyone.   I am new here.   Just sent in my I-129F packet last week, Feb. 20, 2017, and am looking forward to receiving a noa1.   I am really glad for this forum.   It has been a good source of information and a form of consolation while I wait.  I figure it will be a source of advice and encouragement and mentorship as I await approval at each phase of the process.  I want to share each step.   I am a blessed man to have met such a lovely woman from Ethiopia to spend my days with loving and cherishing.   I can say that I honestly worry that some formality could derail my hopes and dreams and keep me apart from my love longer than I care for.   With this gorum, I feel like I have a huge family of super kind folk.who have my back.   I have had a few problems with trouble that show up in my records and I have in previous years had infome borderIng the poverty level.   My fiance and I have a language barrier .   We are both committed ,faithful and sweet.  I am 48 and have never been unemployed.  I am confident and feel I my petition and her visa should be granted.  She is a gem of a human and I am a good hardworking loving guy.  Thanks for letting me share.  God bless you all for journeys of love.  I will certainly chronicle my process story in posts.   I welcome kind and gentle input to reassure or assist me.   My fiance speaks Amharic.  I speak English.  She resides in the majestic Addis Ababa, Ethiopia and I am in the golden state of California.  Peace!