Marshmallow-E

19 minutes ago, W199 said:

A protection order is not really a criminal charge, although it can be associate with a criminal or civil case

 

A protection order is often a restraining order, which orders a person to stay away and do not make any contract with the person requesting the order. Usually they are abusing or harassing someone and the victim requests the court to order a restraining order to  keep them away.

 

They probably just need  a copy of the protection order from the court, since there is no arrest record to go with it.

 

Typically you should only send them what they ask for, so you don't need to send a corrected I-129F. 

 

For the new drug charge,  I don't think a court "no records found" would be adequate. Seems like you need a police report saying there were no charges filed.  You really need some paperwork to show there is no pending case and no charges were filed, otherwise I don't think its a good idea to volunteer this new arrest to them.  But it does seem like a good idea to provide it if you can provide the paperwork to also prove no charges are filed since it is now on his FBI report. You did nothing wrong as there is no rule that I know of that requires you to update them, but they may ask you at the embassy if he has any criminal convictions, or even ask about the arrest, so you should be prepared to show no charges were filed for the embassy interview.

 

Disclaimer, this is NOT legal advice. For this issue, you need to consult a couple of very experienced lawyers on this. Be careful, many immigration lawyers will provide you with incorrect info.

 

Hi W199, thanks for your reply! 

The protection order related court records indicate that my fiancé was charged with domestic assault-misdemeanor, its disposition is "dismissed". The protection order is also canceled. I am not sure if there are arrest records attached to it since police records have not been delivered yet and my fiancé doesn't have much memory of this either. My fiancé managed to get a file stating the protection order is canceled but it seems not to be certified. We will try to get a certified version of this paper next week. I plan to submit the court records, police records, and cancelation paper for this. I also wonder will explanation letters help for this, for example, explaining that the petitioner was mentally ill, the beneficiary is aware, and the protected person (actually his mom) is no longer in danger. Am I just making things more complicated here? 

For the new drug charge, I will see what we can get. If there isn't much strong evidence, I probably will choose not to disclose. 

I also want to ask, if somehow, he gets charged in the future for drug possession and the case is still pending during a CR-1 processing, will we get denied for this?

Finally, I want to say that we are aware that all the advice we get from this website is not legal advice and we are the ones responsible for all the decisions. I am very grateful for your continuous help!

Hi, I want to make an update about our application and hopefully, it can help other people in the future as well. 

We received the RFE letter yesterday and it turns out that USCIS was asking for court and police records of an old case. The case was already dropped and that was the first time his family realized that he needed help for his mental health. My fiancé was hospitalized for a long time after this and the case was handled by his father. His parents are separated and there are a lot of miscommunications going on.  I was aware of that incident before we filed but didn’t know it was a dropped case. I completed the majority of the application form and the application was submitted under miscommunication. Anyway, we have the court records now and the police records are still on the way. I wonder if we only need to submit the records or also correct the form since we selected “no”.

About the drug case, I consulted with some criminal lawyers (honestly we can’t afford one) and they responded that currently there is no charge under his name. But it doesn’t mean he will not be charged in the future. As for when it will happen, nobody knows. Besides, I am still waiting for responses from some immigration lawyers, just trying to get some help and ideas from them if possible. 

There is a lot of uncertainty and I am not sure what is the best option in this situation. But we probably will reply to USCIS for whatever they want and also disclose this new arrest record. I believe we can manage to get a certified court record stating “no records found” for now and submit it alongside the package. We are also working on getting a passport for my fiancé and if things go wrong, we can get married in my country and file a CR-1 visa. I also want to know, if there is a pending criminal case, will the CR-1 visa get denied as well? 

I am sorry that it’s a long post and I very much appreciate your time reading and responding if you’d like. Below is the RFE letter for your information. Thanks!

39 minutes ago, Gary Rich said:

disposition certificate: This is what you will need to get from the county clerk's office ( no more than $10.00 ) not an FBI Report (I did it myself.. and it was fine and simple.. and got approved )

 

 

The disposition of a criminal record is the current status or final outcome of an arrest or prosecution. Common dispositions are: Convicted: which means you have pleaded or been found guilty by a court of law. Acquitted: means you have been found not guilty by a court of law in a criminal trial.

Hi, I don't know if we will get this disposition certificate yet if this is a pending case. We will see what we can get first.

Sorry that this matter causes so many confusions. I shouldn't have posted so much without knowing further information probably. Sincere apology to everyone who has helped us here. 

9 minutes ago, RandyW said:

Reconsider, though, if maybe it WAS a mental health facility that he was held in. That seems to better fit the circumstances. Check with a lawyer to see what that would mean, but my guess is that it would mean that he wasn't arrested and there is no pending case.

 

I'm simply saying that might better fit what you have described - use your own judgment there.

Hi, thanks for your opinion. I am totally confused now to be honest. I barely know anything about the legal stuff as you see. I will get those records done first. 

1 minute ago, Mello3 said:

Unfortunately this is not enough information to make an inteligent guess and doesnt show a disposition. Even in dismissed cased it shows the disposition on the FBI report. 

 

So to be clear he was arrested, charged, held in the mental health facility and not the jail? then released from the mental health facility? The precinct/procecuter could have dropped the charges IF they deem it to be a mental health crises and not a crime but the charges do not appear to support that assumption. It appears that this is a case that has not yet been ajudicated so you/he can order the official police report to get some clarity but the courts may not have anything further at this point.

I see, thanks so much for your explanation! I believe he was arrested, charged, and held in jail, not a mental health facility. It does look like a mental health crisis and we don't know why he didn't get much medical assistance. I agree with you that this looks like a pending case and we probably will only know better after we get the police records. 

1 minute ago, Mello3 said:

is the arrest date the same for both of these charges?

Yes, they are the same. All the dates in this screenshot are the same. I hide them for privacy reasons only.

Here is the FBI report regarding this drug possession charge. Any helpful information here? Should we expect a charge from the court in the next few months? We haven't got the certified court records and police records done but should have them this week. 

40 minutes ago, Mello3 said:

Hmmm everything left blank could indicate that he was released on PR (Personal Recognizance) did you see 30.01 anywhere on the records you saw?

Hi, this is the screenshot from the jail roster, I didn't see "30.01".

Also, I want to make a quick update here. We got an "RFE" a couple of days ago and the mail hasn't arrived yet. We ran an FBI background check on the petitioner as well, the report does include this drug thing. But there is no information about the court. I am concerned that he will get a charge later from the court. His family believe that he was "on hold". I don't really understand what that means to be honest. 

As for these mental health court records, they didn't show in the FBI report. I saw this from HHS. Maybe it can explain it to some degree. 

"A HIPAA-covered health care provider or health plan may share your protected health information if it has a court order. This includes the order of an administrative tribunal. However, the provider or plan may only disclose the information specifically described in the order. "

6 hours ago, PeachCream said:

From what you’ve shared, you said he’s the petitioner.  When it comes to the application, the medical records and the police records that are looked at, are the ones belonging to the beneficiary. If you the beneficiary had those issues; it would be problematic. 

That totally makes sense to me! Thank you for the reply!

7 hours ago, W199 said:

Hi,

 

The reason why I said you will need the FBI record if you do a CR-1 was under the context of "your protection". Its because of exactly what you said, "that criminal records, except for AWA crimes are not needed".  Therefore, he will not be required to get and give you a copy of all his court records. Therefore, for your protection, you should ask for his FBI report under the pretence that it will be helpful to know what is in it when applying. 

 

Based on what you said, about the charges being dropped, that is great news.  However, for the K-1 interview you should be prepared with a copy of paperwork in case they ask you about it, that shows dispostion (charges are dropped). Being guilty is not a problem for the K-1, you just can't have it pending and the embassy wants to be sure you are well informed.

 

You should probably take a few days rest to calm down before discussing all this with him, so you not so emotionally influenced by everyone's replies. 

Thank you for this explanation! 

1 hour ago, W199 said:

If the records came up in the criminal court as opposed to the family and probate court, then it sounds like it is more than "mental health records", .e.g. not just "medicaL" .. and it likely could be reflected on his FBI record.  But you will know soon enough if/when you get a USCIS RFE.

 

And regarding his drug arrest. They don't just arrest you, charge you, and hold you for several days and then simply let you go.  If they just let him go, then the charges would have had to been dropped, and he would have been very clearly informed of that. Most likely he appeared before a Judge for the arraingment or for getting the charges dropped.  And likely he would have a lawyer, or have been appointment a public defender that would have informed him that the charges are dropped, etc..   It sounds like either he and his family are either totally ignorant, or they are trying to hide something from you.   You need to get a copy of certified court and police papers for the interview. If the embassy finds out, you won't get a K-1 without them, as well the "mental health" records, and his FBI record (especially if you choose a CR-1). 

 

But like I said before, marrying someone with past mental illness issues, and has active and unresolved criminal drug drug issues probably won't end well.  But this is your decision that we all respect .. just go into well informed and get all the above records. Getting the CR-1 is going to protect you as they said before, but on the other hand, you will now be married to someone with drug issues, mental health issues, and may even be in jail by the time the CR-1 gets issued. And living away for 2 years married in this kind of relationship is hard.

 

 

Hi W199, there is no better way to express my gratefulness for your patience and kindness! Thank you for being so supportive! 

Those mental health court records came up under the "Probate or Mental Health" category. If I unselect that option, they won't show up. 

I spoke to him and his family again regarding this charge. His family explains that he was let go after a 72-hour hold with the charge dropped or the charge didn't exist in the first place. I don't know if this misunderstanding is caused by his family's ignorance, my lack of knowledge, or maybe both. I googled this 72-hour hold in Minnesota (not sure if it applies to other states). 

(e) A person held under a 72-hour emergency hold must be released by the facility within 72 hours unless a court order to hold the person is obtained. A consecutive emergency hold order under this section may not be issued.

I have been thinking about our future marriage and what it means to me because this incident has been draining my energy heavily. I am not sure what we are going to do next yet. I feel that both my fiancé and I need a break to recover and figure things out. No matter which way we choose eventually, we are going to get a copy of certified court and police records for this drug possession thing and make things straight. 

Also, I saw you mentioned FBI record will be needed even if we choose a CR-1 visa. I did a little research on CR-1 and found out that I-130 doesn't require information for criminal records. Those crimes that will prevent US citizens from petitioning an alien relative fall under The Adam Walsh Act. I really need to do more research on CR-1. 

1 minute ago, Mike E said:

I would marry, file I-130/I-130A, and then withdraw I-129F.

Thank you! I will also do some research on this!

7 minutes ago, Mike E said:

For your protection you should do the CR-1 visa.

 

If you do the K-1 visa:

 

* once you enter the U.S. you are at your husband's mercy to complete the adjustment of status process. At the mercy of a person who has at least two severe illnesses that have a significant probability of influencing his behavior with respect to your immigration process.

* you will be unable to work until you have employment authorization (EAD or green card), and it can take years to get employment authorization

* You will most likely get a 2 year green card. You then have to remove conditions. Given his history, you have consider the possibility that he will not be cooperative at that time, or your marriage might have difficulties

 

If you do the CR-1 visa:

 

* once you enter the U.S., you will get a temporary  green card instantly, and the real green card several months later

* you can time your CR-1 process to ensure that you get a 10 year green card: as long as you enter the U.S. on your CR-1 visa after being married for 2 or more years, you will get a 10 year green card.

* with a 10 year GC, if the marriage does not survive or his illnesses are two difficult for you to cope with, you are free to pursue your own life in the U.S. 

 

The CR-1 process protects you and puts you in a position to help your husband through his illnesses.

Thanks for your reply and kindness! I agree that CR-1 visa is a better option for us probably. It was bad timing when we submitted our application last year. I remember back then Chinese travel visas were not available yet due to the pandemic. 

I will discuss with my fiance about this. By the way, do we need to withdraw our k-1 case or just switch to CR-1 directly? 

7 hours ago, W199 said:

You might be able to go online to the criminal court house that has jurisdiction for his case, and search his name to get some basic info.

Sorry for the late response. I searched on their website and nothing new came up except for those old records I have seen already. We probably need to go to the courthouse to get more information. 

1 minute ago, JeanneAdil said:

he was arrested so there will be a court appearance

 

How long do you go to jail for 5th degree drugs in Minnesota?

five years

 

Felony 5th-degree drug possession charges are punishable by up to five years in jail or a fine of up to $10,000, or both. However, the consequences you face outside the justice system may be worse. You may experience difficulty adjusting to life after your conviction. It could be difficult to find work or housing.Aug 7, 2023

Hi, that's what I am confused about. I spoke to his family and they said he was just let go. They didn't give him any papers. I checked the public records and saw his charge. There isn't much helpful information. State of charge, bail information, and court appearance are all left blank. 

4 minutes ago, W199 said:

HI

 

Then you will need the court papers that specify the charges were dropped or whatever the case disposition turns out to be. It just can't be pending.

 

He can request his FBI record. If he does it online and through a 3rd party that sends his fingerprints online, then it only takes about 1 day to get it.  Its very fast.  The FBI has instructions and lists the places to get the fingerprints on their webpage.  This will reveal all the standard arrests records, but it not may not reveal everything in the FBI record such as expunged records which the USCIS can still see.

 

Given your case is taking longer than most to process, there might be other complexities in your case they are investigating.  If they deny it, then you could just consider a CR-1 spousal visa.  It shouldn't be much longer before you hear back. My NOA1 was at the end of August 2022, but they processed my case a month ago as well as 84% of all August 2022 cases as of today

I am very thankful for the information you provided! We will consider a CR-1 visa for sure if we get denied in the future. Congratulations on your NOA2 by the way!

15 minutes ago, W199 said:

You should wait for an RFE.

 

If the mental health records were not part of an arrest record and/or getting finger printed, then you most likely will be fine. 

 

At the embassy level, they may ask to see the criminal records. If the drug case is still pending in court, e.g. there is no disposition, then you probably will have a problem getting approved at the embassy and USCIS level.  Any idea how long it will be before the trial and sentencing?

 

Since you asked for advice, marrying someone with mental health issues and  has unresolved active criminal drug problems is a huge red flag for getting married. 

Hi, thanks for your reply! As far as I know, the drug case seems to be dropped and they released him after a 72-hour hold without requesting further procedures. I believe there will not be a trial or sentencing. Sorry that I forgot to mention that his charge is 5th-degree drug possession.

As for the old mental health court records, I can not say for sure that there are no fingerprints taken as I don't know further details currently. Could I ask where I can get this information? My fiance is still trying to recover from this incident. I wish I could help with the visa process at least.

I appreciate your advice a lot and I am fully aware of what I am doing or whom I am marrying. We have been through a lot together and we have been there for each other all the way. I just hope we can get this visa successfully in the near future.  

1 minute ago, Boiler said:

Is he the beneficiary or the petitioner.

He is the petitioner, sorry about being unclear. 

Hello, everyone! My fiance and I are August 2022 K-1 visa filers and our case is still being processed. My fiance was arrested and charged with drug possession a couple of days ago and has been released. Should we send a letter to USCIS now and explain everything or just wait until we get an RFE? Also, I found out that he has some mental health court records as well. Do these count as criminal records? Should we include this information as well? We were stupid and ignorant when we filed and didn't dig deeper into this. And we marked "no" to the part 3 question4.a. Will this be a huge mistake? Please give us some advice! Thanks 😭