Disclosing a charge that no longer exists?

[<3T&M<3 217]

I was in a strange altercation with a woman about 10 years ago. We argued, blah blah blah the cops were called. I had to pay a "friendship fine" of $200.

my question: I have contacted the city in which it happened and there are absolutely no records left. Not with the police and not with the courts. Nothing. Zippo. She said they have been destroyed but each agency sent me a letter stating "there exist no records"

 

should I even disclose this if there are no records AT all?

Edited February 26, 2018 by TinaMah

[Crazy Cat 41,983]

If it happened, then you have to disclose it.  You can explain that no records exist.

[<3T&M<3 217]

28 minutes ago, missileman said:

If it happened, then you have to disclose it.  You can explain that no records exist.

I plan to, but it seems silly to give information that is not the best if they will never find records of it. There is no conviction or a crime. But yes, you are right. 

I will do.

[Chris Duffy 1,257]

2 hours ago, TinaMah said:

I plan to, but it seems silly to give information that is not the best if they will never find records of it. There is no conviction or a crime. But yes, you are right. 

I will do.

Are you petitioner or Beneficiary

 

Petitioner doesn't have to disclose any charges or convictions against them.  Only the ones listed on I-129f and that are only a few of them

[<3T&M<3 217]

6 minutes ago, Chris Duffy said:

Are you petitioner or Beneficiary

 

Petitioner doesn't have to disclose any charges or convictions against them.  Only the ones listed on I-129f and that are only a few of them

I Am petitioner. But I read in the instructions that if your were cited or charged with a crime - even if records are sealed or destroyed - that you must disclose it? 

I was never convicted of anything. It was a stupid thing really. I'm ashamed now 🙄

But there are no records. That exist anymore.

so pretty much I have to explain this bizarre encounter 12 years ago that has no record!!? 

Ugh

unless I'm reading the instructions wrong?

Edited February 26, 2018 by TinaMah

[Chris Duffy 1,257]

8 minutes ago, TinaMah said:

I Am petitioner. But I read in the instructions that if your were cited or charged with a crime - even if records are sealed or destroyed - that you must disclose it? 

I was never convicted of anything. It was a stupid thing really. I'm ashamed now 🙄

But there are no records. That exist anymore.

so pretty much I have to explain this bizarre encounter 12 years ago that has no record!!? 

Ugh

unless I'm reading the instructions wrong?

Part 3. Criminal History on 129F

 

There are like 4 questions. Did you crime fall under one of those catergories?  If it did then disclose if not then don't worry about it.   I had a DWI,  A burglary of a coin operated machine that I went to court with a jury that the judge threw out the charges, Public Intoxicaiton,  Arrested for trespassing, Public Intoxication.   I never disclosed jack and never had an issue with USCIS on a 129f, and I have 3 K1 approvals.   

[<3T&M<3 217]

3 hours ago, Chris Duffy said:

Part 3. Criminal History on 129F

 

There are like 4 questions. Did you crime fall under one of those catergories?  If it did then disclose if not then don't worry about it.   I had a DWI,  A burglary of a coin operated machine that I went to court with a jury that the judge threw out the charges, Public Intoxicaiton,  Arrested for trespassing, Public Intoxication.   I never disclosed jack and never had an issue with USCIS on a 129f, and I have 3 K1 approvals.   

If the traffic incident involves drugs or alcohol you are supposed to disclose it!

My "incident" that I am referring to does not fall under those categories, but for some reason I thought I needed to disclose it.

[<3T&M<3 217]

In the instructions for filling out the I-129F that the USCIS provides, on page 7 and in reference to "Item Number 4.a Criminal Information" it states:

Indicate whether you have ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, for any offenses other than those you have already outlined in the previous section.

 

Soooo to me that means ANYTHING you were cited or charged or fined with besides traffic incidents (unless it involves drug or alcohol).

So we do need to disclose everything.

[Unlockable 7,315]

yep

[Chris Duffy 1,257]

7 hours ago, TinaMah said:

In the instructions for filling out the I-129F that the USCIS provides, on page 7 and in reference to "Item Number 4.a Criminal Information" it states:

Indicate whether you have ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, for any offenses other than those you have already outlined in the previous section.

 

Soooo to me that means ANYTHING you were cited or charged or fined with besides traffic incidents (unless it involves drug or alcohol).

So we do need to disclose everything.

NO

 

I got a DWI conviction and Public Intoxication while fighting and I never disclosed it.

 

USCIS reviewed my file 3 times and it was never an issue

[geowrian 22,337]

They are required to be disclosed as of the early 2017 I-129F (I forget the exact version that the question was first added). It shouldn't impact your ability to petition somebody, but it needs to be disclosed.

 

From the I-129F, page 9 (https://www.uscis.gov/sites/default/files/files/form/i-129f.pdf):

"Have you ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, excluding traffic violations (unless a traffic violation was alcohol- or drug-related or involved a fine of $500 or more)?"

"If the answer to Item Number 4.a. [the quoted question above] is "Yes," provide information about each of those arrests, citations, charges, indictments, convictions, fines, or imprisonments in the space below."

Edited February 28, 2018 by geowrian