June 2017 I-129F Filers, Part IV

[D and T 569]

24 minutes ago, John & Rose said:

I have letters from the police department and the court stating that the records have been shredded.  I don't think that relieves the requirement.  I think the best I can do is see if the lawyer kept copies.  If not I dont have access to them anymore.  

Is it just me, or shouldn't they be well aware that people will not normally have access to destroyed documents?

 

Destroyed documents are um, destroyed, yes? Yes, of course.

 

And whomever creates these requirements should be well aware of that, one would think?

 

So I can't understand why would they be asking for such things. Even if they ask for these documents without outright asking for them...by saying, for example, "Please provide proof of the disposition of the case...even if it has been expunged..." is this not exactly the same thing as asking for documents that they know, or should know, have been destroyed?

 

What am I missing/not understanding here?

 

 

[John & Rose 7,239]

2 minutes ago, D and T said:

Is it just me, or shouldn't they be well aware that people will not normally have access to destroyed documents?

 

Destroyed documents are um, destroyed, yes? Yes, of course.

 

And whomever creates these requirements should be well aware of that, one would think?

 

So I can't understand why would they be asking for such things. Even if they ask for these documents without outright asking for them...by saying, for example, "Please provide proof of the disposition of the case...even if it has been expunged..." is this not exactly the same thing as asking for documents that they know, or should know, have been destroyed?

 

What am I missing/not understanding here?

 

 

The interesting part is according to my lawyer, I can LEGALLY state that the arrest never happened. I talked to USCIS because they use the FBI database that cannot be expunged but I have no access to find out what I need to do. I need to get a certified letter from the county clerk that the case does not exist. After that I have to hope I won’t get an RFE. I’m worried because USCIS missed this the first time that they will make it difficult this time. 

[NoProblem 69]

I am so sad to see your posts and to know about the rejection.  In the end, it may be more fun to with be with rose and kids knowing you all endured through this journey.

I did mention in my case that I filed earlier for a fiance, even tough same one and mentioned her A number.

Do a paid peoples search on yourself for criminal to see what comes up.

You may be able to get some affidavit or certified letter from police department providing description about the arrest, its nature/outcome and that the records are not available any longer.

Contact the embassy to see if they can review their decision, explaining your position that you forgot to mention since it was not a conviction and that information about it is not longer accessible.  They may be able to reconsider your case.

[KBA 542]

Random question...has anyone heard of whether a family members criminal record could impact visa approval? We found out that my fiancé’s brother got arrested and are wondering if this might impact our case. Thanks! 

[Sarac9 1,122]

4 minutes ago, KBA said:

Random question...has anyone heard of whether a family members criminal record could impact visa approval? We found out that my fiancé’s brother got arrested and are wondering if this might impact our case. Thanks! 

No it won't affect your case at all. 

[KBA 542]

1 minute ago, Sarac9 said:

No it won't affect your case at all. 

Thanks, we don’t need any more bad luck at this point!!

[Sarac9 1,122]

27 minutes ago, KBA said:

Thanks, we don’t need any more bad luck at this point!!

Yea I am so sorry about your situation. I lurk around this month and I saw your timeline... I really hope your hear some good news very very soon 

[John & Rose 7,239]

1 hour ago, KBA said:

Random question...has anyone heard of whether a family members criminal record could impact visa approval? We found out that my fiancé’s brother got arrested and are wondering if this might impact our case. Thanks! 

I don't think so.  They don't go past the beneficiary and any derivatives.

[KBA 542]

17 minutes ago, John & Rose said:

I don't think so.  They don't go past the beneficiary and any derivatives.

I think I am officially the last of the amigos here for the June filers who hasn’t received RFE or NOA2! Not sure what month I’ll have to follow next haha. In all seriousness, this wait is insane!! 😩

Edited April 27, 2018 by KBA

[George & Roth 1,485]

I picked the best month! This is awesome! 

 

 

 

[Lyna Dy 21]

1 hour ago, KBA said:

I think I am officially the last of the amigos here for the June filers who hasn’t received RFE or NOA2! Not sure what month I’ll have to follow next haha. In all seriousness, this wait is insane!! 😩

I think you call them or check the uscis website in your number WAC ... 

[KBA 542]

42 minutes ago, Lyna Dy said:

I think you call them or check the uscis website in your number WAC ... 

Oh believe me I have...I received an email on 4/19 indicating they were still reviewing my case and that there were no updates. My congresswoman’s office is going to make a second inquiry at the beginning of May 

[Lisa123 46]

9 hours ago, John & Rose said:

I have letters from the police department and the court stating that the records have been shredded.  I don't think that relieves the requirement.  I think the best I can do is see if the lawyer kept copies.  If not I dont have access to them anymore.  

Is it possible to have the letter from the police department and court notarized? If so, do, then swear an affidavit of what happened and state it was expunged from records thus not traceable. 

[John & Rose 7,239]

Now I have a question for those more familiar with the Filipino culture.  I keep looking towards another K-1 but I wonder if Rose and the kids would feel more confident with a CR-1.  I will marry her in a heartbeat no doubt.  I wonder if culturally that would be the better route.  Will she feel better if we are married and take a little longer to be together or is being together quicker the better solution.  Culturally they are quite different and all I want is to make her feel better and more confident.  She won't answer me when I ask her but she knows I was leaning towards K-1.  She just does the "I will do whatever you feel is best"...

 

I know that she will be nervous until the next K-1 interview because we were blindsided with the refusal.  I just want to give her and the kids the life they deserve and I want to do what is best in their eyes.  I want them to know that I am with them forever.  I can do either but if they will feel better if we are married right away than I will be on the next plane.

 

Any thoughts?

[KBA 542]

1 hour ago, John & Rose said:

Now I have a question for those more familiar with the Filipino culture.  I keep looking towards another K-1 but I wonder if Rose and the kids would feel more confident with a CR-1.  I will marry her in a heartbeat no doubt.  I wonder if culturally that would be the better route.  Will she feel better if we are married and take a little longer to be together or is being together quicker the better solution.  Culturally they are quite different and all I want is to make her feel better and more confident.  She won't answer me when I ask her but she knows I was leaning towards K-1.  She just does the "I will do whatever you feel is best"...

 

I know that she will be nervous until the next K-1 interview because we were blindsided with the refusal.  I just want to give her and the kids the life they deserve and I want to do what is best in their eyes.  I want them to know that I am with them forever.  I can do either but if they will feel better if we are married right away than I will be on the next plane.

 

Any thoughts?

I feel like getting married might help her feel more secure...Would there be less possibility for denial? But is she ok with the wait for the CR-1? Just my thoughts! If we had it over I think we would’ve gone that direction...and who knows, we may still have to depending on how the K1 pans out...