marthaduran96

11 minutes ago, carmel34 said:

Yes, in Part 3, questions 4a and 4b, the I-129F petitioner has to disclose any instance of a crime whether cited, arrested, indicted, convicted, fined, or imprisoned, and that is clearly the case for all three examples you shared in your post.  For question 4b, explain everything.  DO NOT leave anything off the form, be completely truthful, as others have been denied for misrepresentation when they were caught in a lie of omission which is serious.  He has to sign the I-129F petition as completely truthful "under penalty of perjury."   In addition to including all details of any prior offenses, attach any evidence to show how the citations were resolved, this would include court records, police records, payment of a fine, dismissal of the case, documents to show that the case is still in the court system, attorney records/correspondence related to any of the cases, etc.  It's up to your fiancé to decide when to send the petition and supporting documents.  He can send everything now if he has the necessary documentation, or wait until after the resolution of the current case for attempted theft.  Either way, disclose everything, including the attempted theft case.  Good luck!

Thank you so much!!

Do you think that we will get a RFE for the recent one? He is going to collect his court records today, and also he asked for police records. The only thing that make us worried is the last case he has.

Thanks again!!

On 6/30/2020 at 10:25 AM, JoeandArend said:

Hey All,

I wrote a declaration page which includes a little bit of information regarding my criminal history (none of the specified crimes, so all I needed to provide were certified court records NOT both court and police records). I am the US citizen petitioning, by the way. I wanted to run a gut check to see if this supplement page is okay in your eyes or if I am doing anything wrong/not providing enough information. Personal information is starred out in the text below.

 

Dear Sir or Madam:

I have three criminal history items that I wanted to disclose per Page 9, Part 3, Item 4.b. All of these offenses are from when I was younger and I have learned my lesson from these incidents.

1.     Offense 1: Sometime in 2010 (cannot remember exact date) I got arrested at the mall in ******** for minor theft (shoplifting). I was 17 at the time. The police department and the courts have no records of this, and according to my lawyer I may have never been formally charged and I only went to “informal” court and the case was thrown out by the judge. I wanted to disclose this to you just in case anything does come up. Juvenile court records are included which show no shoplifting incident exists in any record, only a speeding ticket.

2.     Offense 2: On ****** I got cited and charged with Operating a Motor Vehicle Under the Influence of Alcohol (OVI also known as “DUI”) as well as Possession of Open Alcoholic Beverages in Vehicle (also known as “open container”). The open container was dismissed in court, however the I pled guilty to the OVI. All of the court records are disclosed and all fines/treatment programs were completed.

3.     Offense 3: On ******* I got a “Disorderly Conduct” citation. I had to pay a $130 fine, all details of this citation are included with the court records attached.

 

Along with this supplement summary page you will find the following pieces of evidence:

 

1.     Certified ****** County Juvenile Court Record: shows only a speeding ticket and proves no shoplifting case is on record anywhere with the court.

2.     Certified City of ******* Police Statement: No shoplifting case was found so they wrote a statement to further prove the only thing I have on file is my Disorderly Conduct

3.     Certified ******* County Court Records: All information regarding Offense 2

4.     Certified ******* County Court Records: All information regarding Offense 3

 

Yours truly,

 

how it went??
Also, what would you do if you have a case pending? My petitioner has one court case ongoing. His third hearing is in November but we want to submit the application by the end of the month,

 

On 6/30/2020 at 10:25 AM, JoeandArend said:

Sorry for no being specific

THIS IS ON THE PETITIONER SIDE CUS WE ARE FILLIN THE 129F AND CRIMINAL BACKGROUND IS ABOUT HIM 

HELLO EVERYBODY,

I hope someone can help me, me and my fiance are doing the k1 visa and in the criminal section we answer yes to if you ever been arrested or cited bla bla for any crime.

My fiance has 2 low level offenses 1 for public intoxication and the other for posession of a marijuana pipe with almost nothing on it. He was never arrested, but cited.

The thing is that this year there was a misunderstanding, he was looking for house with a free sing to pick up things from this home but he went to the wrong house and a neighbour saw him

suspicious. He did not took anything from the house he realized it was not the one, how ever the neighbour call the police and the next day he was cited to appear in court for attempt of theft. This case took place this year and he already had 2 hearings, his third one in november but we want   to submit the k1 visa by the end of august or mid september, as soon as possible.

What should we do? wait until he got dismissed by judge? or we can sent the packet and explain what's going on and tell them? 

In the us we are innocent until the countrary is proved

Thank you.

I called today to kcc office and they told me to wait and try to enter later. If not send an email with your confirmation case number , birthday, telling them what is happening.

email: KCCDV@state.gov

cold you resolve the problem?

i received today the letter that i was selected but i have the same problem that you had.

Please help me