General ??'s Before filing K1 visa

[pushbrk 12,888]

It's unfortunate that you checked yes, when you didn't need to.  Did you carefully read the question that precedes the list of crimes?  It asks if you were ever convicted or court martialed for.... A restraining order is not a conviction.  If you simply answered yes and provided no documentation, then you will get an RFE.  You can then send the records of the restraining order, you never needed to worry about to begin with.  Get the records now.  You'll need them.  These questions are on the I-129F as a result of IMBRA, and have no impact on petition approval or visa issuance, unless you fail to provide the records they'll ask for in the RFE you'll be getting because you answered yes to a question when the correct answer was no.  If records don't exist, then a letter of explanation will probably do.  I've seen that work with other boxes incorrectly checked.  Because you checked YES, USCIS will have already checked your records and will know you should have checked NO, but will likely send the RFE anyway.

 

[AZSunshine78 437]

2 hours ago, pushbrk said:

It's unfortunate that you checked yes, when you didn't need to.  Did you carefully read the question that precedes the list of crimes?  It asks if you were ever convicted or court martialed for.... A restraining order is not a conviction.  If you simply answered yes and provided no documentation, then you will get an RFE.  You can then send the records of the restraining order, you never needed to worry about to begin with.  Get the records now.  You'll need them.  These questions are on the I-129F as a result of IMBRA, and have no impact on petition approval or visa issuance, unless you fail to provide the records they'll ask for in the RFE you'll be getting because you answered yes to a question when the correct answer was no.  If records don't exist, then a letter of explanation will probably do.  I've seen that work with other boxes incorrectly checked.  Because you checked YES, USCIS will have already checked your records and will know you should have checked NO, but will likely send the RFE anyway.

 

I understand what you were saying. I did read it very thoroughly. In fact I have law enforcement in my family. It said if you have ever been issued an order of protection or harassment against you "civil or criminal "it was the civil order of harassment. It is on my record. That's why answered yes but I answered no to all of the rest of the questions because they were related to criminal and conviction

 

At least now I know. Thank you. I thought I was doing what was best. I just didn't want to hide anything.

[AZSunshine78 437]

2 hours ago, pushbrk said:

It's unfortunate that you checked yes, when you didn't need to.  Did you carefully read the question that precedes the list of crimes?  It asks if you were ever convicted or court martialed for.... A restraining order is not a conviction.  If you simply answered yes and provided no documentation, then you will get an RFE.  You can then send the records of the restraining order, you never needed to worry about to begin with.  Get the records now.  You'll need them.  These questions are on the I-129F as a result of IMBRA, and have no impact on petition approval or visa issuance, unless you fail to provide the records they'll ask for in the RFE you'll be getting because you answered yes to a question when the correct answer was no.  If records don't exist, then a letter of explanation will probably do.  I've seen that work with other boxes incorrectly checked.  Because you checked YES, USCIS will have already checked your records and will know you should have checked NO, but will likely send the RFE anyway.

 

I thought that stalking would be a part of that so I think that's why I marked yes. I understand what you're saying now as well. Should I try and get police records if there are any or should I just say that I marked the box and correctly, because now I believe that I did

[pushbrk 12,888]

I didn't realize you were using the new version of the form that ads that additional question.  Based on the new form, with which I have no experience, my best guess is that there would be no RFE in your case because they don't ask for records related to anything but the conviction questions.

[AZSunshine78 437]

7 minutes ago, pushbrk said:

I didn't realize you were using the new version of the form that ads that additional question.  Based on the new form, with which I have no experience, my best guess is that there would be no RFE in your case because they don't ask for records related to anything but the conviction questions.

I appreciate it. All I can do is wait and hope that they do not but if they do I will order whatever the police department has on file. Thank you so much for your input

I appreciate it!!!