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Filed: AOS (apr) Country: Singapore
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Posted (edited)

Hi folks,

I'm 60 and doing a k1 . We have a lot of relationship evidence (+3 years), were same age, income OK and she has clean record. Unfortunately I have 1/2 a dozen misdemeanor convictions for drugs.  I had forgotten how many, it's been >30 years.  I ordered a CRHS criminal background report on myself so I could get all the  Certificates of Conviction for the visa App.  I misread the 129f instructions however,  sending only the info  written "down on a separate piece of paper" (damn confusing instructions)    & got an RFE.  I immediately submitted  the Certificates. It's been two (2) months and no word yet & I'm getting nervous My Case shows they received it). 

 

 Cleaning out my old files, I found papers from yet 1 more misdemeanor drug conviction that was not listed on the 2017  Statewide CHRS report.  It was Sealed  in the mid 1980's (Marijuana Decriminalization laws of 1980). I now recall that all my fingerprint Ink Cards and mugshots (before the digital age)  were returned in the late 1980's from this conviction.  It was for a single joint, it's not even a crime in this State  anymore.

 

It was an honest mistake, 5 or 6, 1 more give or take is  not  really a big difference. So will I get a NOID or another RFE? The waiting is killing me!  Has anyone have knowledge of someone not submitting all their conviction certificates for one reason or another and not getting a denial or a chance to submit the information/RFE?

Edited by PRC Rabbit
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Posted (edited)

If something is sealed, then you might be OK because it was not on the report you ordered. 

 

Usually, the US citizen can commit crimes, except those falling under AWA, so you will be fine. The one they care the most is the foreigner.

 

But make sure your fiance knows about those old convictions because they might ask her during the interview. They like doing trick questions. 

Edited by Coco8
  • 2 weeks later...
Filed: AOS (apr) Country: Singapore
Timeline
Posted (edited)

And it gets even worse:  Last week, I mailed in  the form requested by the Court to unseal my '83 marijuana conviction (1 joint at a concert) to provide me a COC.   The Court  sent me another person's  COC by mistake.  Not having enough time to mail it in again, I make the day-long journey to the courthouse. The Clerk tells me several types of convictions can be Sealed and not show up on a standard Statewide Criminal History Record Search ("CHRS").

 

"OK....What else can  you find under my name?"  She types away and finds another one!  An early '90's  VTL conviction (driving without a license).  It's an "Unclassified Misdemeanor" and treated like a traffic ticket to the extent they gave me a ticket and I paid the fine by mail decades ago but it's  still considered  a crime (not  Violation).  OK then, "You better  give me one of those too".

 

What troubles me -as a mere civilian- is that USCIS will conclude I'm trying to conceal when I really did not recall/know I had criminal conviction for that day  25 years ago.  With this scenario I would hope that an NOID -after a good faith effort  to answer the RFE- would be an opportunity to provide the documents I failed to submit.  I understand however, that an NOID will not state exactly what I failed to provide and  is unfix-able as a matter of practice.  Is that true, that an NOID means inevitable denial?   I'm a civilian and don't have access to  police databases.   

Edited by PRC Rabbit
 
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