Refused???

[John & Rose 7,239]

LOL  This is getting ridiculous.  I need to supply certified records of the arrest and court documents.  The problem is I was expunged and both the arresting police department and the county clerk have told me that there is no way to get certified copies of files that no longer exist.  As far as the circuit court and police are concerned, all copies of those reports have been shredded and are simply not available.  I may be able to get photo copies from my lawyer but those cannot be certified.

[payxibka 10,045]

Sounds like Manila re-adjudicated the petition as that is something that should NEVER have gotten past the USCIS.

[John & Rose 7,239]

Just now, payxibka said:

Sounds like Manila re-adjudicated the petition as that is something that should NEVER have gotten past the USCIS.

I agree.  USCIS should have found this much earlier.

[Hank_ 9,174]

37 minutes ago, John & Rose said:

LOL  This is getting ridiculous.  I need to supply certified records of the arrest and court documents.  The problem is I was expunged and both the arresting police department and the county clerk have told me that there is no way to get certified copies of files that no longer exist.  As far as the circuit court and police are concerned, all copies of those reports have been shredded and are simply not available.  I may be able to get photo copies from my lawyer but those cannot be certified.

You will need something in writing from the courts/police stating there are no records ... yada - yada

[Hank_ 9,174]

37 minutes ago, payxibka said:

Sounds like Manila re-adjudicated the petition as that is something that should NEVER have gotten past the USCIS.

Yup, I have seen where they have returned petitions because USCIS approved a petition that was filed before the annulment was finalized .. as in she was not free to marry at the time of filing.     USCIS does not understand the process in the Philippines, they see annulment documents so to them all is good ... but USEM knows .. DENIED

 

 

[John & Rose 7,239]

5 minutes ago, Hank_ said:

You will need something in writing from the courts/police stating there are no records ... yada - yada

Yep. I need a certified copy of a letter from the court stating the files don’t exist. I am still waiting to hear if the lawyer has an uncertified copy. That and a long explanation may do the trick. 

[payxibka 10,045]

6 minutes ago, Hank_ said:

Yup, I have seen where they have returned petitions because USCIS approved a petition that was filed before the annulment was finalized .. as in she was not free to marry at the time of filing.     USCIS does not understand the process in the Philippines, they see annulment documents so to them all is good ... but USEM knows .. DENIED

 

 

Understandable but a much different scenario than something like this.  USCIS failed here miserably

[John & Rose 7,239]

Just now, payxibka said:

Understandable but a much different scenario than something like this.  USCIS failed here miserably

I am concerned that they will see my second petition as pointing out their original failure and cause issues for my case.  They dropped the ball but in hindsight, there are no papers for me to respond to an RFE with even if they did catch it.  My lawyer says, according to the law, I can LEGALLY state that the arrest never happened.  It is a court order to destroy all copies and to remove the case and my name from all criminal databases (for that arrest).  Talk about a rock and a hard place.  I know that I will get an RFE requesting documents that only exist in the Federal criminal database that civilians do not have access to.

[payxibka 10,045]

5 minutes ago, John & Rose said:

I am concerned that they will see my second petition as pointing out their original failure and cause issues for my case.  They dropped the ball but in hindsight, there are no papers for me to respond to an RFE with even if they did catch it.  My lawyer says, according to the law, I can LEGALLY state that the arrest never happened.  It is a court order to destroy all copies and to remove the case and my name from all criminal databases (for that arrest).  Talk about a rock and a hard place.  I know that I will get an RFE requesting documents that only exist in the Federal criminal database that civilians do not have access to.

If you decide to go I-129F again don't forget to request a multiple filer waiver request for a second petition within two years (even though it is for the same beneficiary).  I'd hate for you to get a RFE/Denial for that one.

[John & Rose 7,239]

4 minutes ago, payxibka said:

If you decide to go I-129F again don't forget to request a multiple filer waiver request for a second petition within two years (even though it is for the same beneficiary).  I'd hate for you to get a RFE/Denial for that one.

They say 3 requests need one.  I need a waive for 2 requests?

 

[payxibka 10,045]

2 minutes ago, John & Rose said:

They say 3 requests need one.  I need a waive for 2 requests?

 

You must request a waiver of the International Marriage Broker Regulation Act (IMBRA) filing limitations if:

1. You are filing this petition on behalf of your fiancé(e) and you previously filed Form I-129Fs on behalf of two or more fiancé(e) beneficiaries; or

2. You are filing this petition on behalf of your fiancé(e), you have previously had a Form I-129F approved, and less than two years have passed since the filing date of your previously approved petition.

 

 

I think you might hit #2

[John & Rose 7,239]

14 minutes ago, payxibka said:

You must request a waiver of the International Marriage Broker Regulation Act (IMBRA) filing limitations if:

1. You are filing this petition on behalf of your fiancé(e) and you previously filed Form I-129Fs on behalf of two or more fiancé(e) beneficiaries; or

2. You are filing this petition on behalf of your fiancé(e), you have previously had a Form I-129F approved, and less than two years have passed since the filing date of your previously approved petition.

 

 

I think you might hit #2

Great catch!  Thank you

[Hank_ 9,174]

28 minutes ago, John & Rose said:

I am concerned that they will see my second petition as pointing out their original failure and cause issues for my case.  They dropped the ball but in hindsight, there are no papers for me to respond to an RFE with even if they did catch it.  My lawyer says, according to the law, I can LEGALLY state that the arrest never happened.  It is a court order to destroy all copies and to remove the case and my name from all criminal databases (for that arrest).  Talk about a rock and a hard place.  I know that I will get an RFE requesting documents that only exist in the Federal criminal database that civilians do not have access to.

Obviously your record exists somewhere .. USEM found the info.   - I would say all records are not destroyed.

[John & Rose 7,239]

7 minutes ago, Hank_ said:

Obviously your record exists somewhere .. USEM found the info.   - I would say all records are not destroyed.

Yes, they exist in the National Crime Database (NCIC) but that is very off limits to civilians.  I can't even FOIA those.  USCIS has access but not many places that have more than 3 initials can (DOD, CIA, FBI, NSA, DOS...)

 

The clerk of the circuit court says that outside of that database, the arrest never existed and never will.

 

My lawyer has a copy but it can't be certified.  I have the certified document from the Police Department and I will get one from the court next week stating the files do not exist.

 

My lawyer also said that the correct and legal answer to the question should have been "no".  I'm not going to argue with USCIS though.  I will give them as close to what they ask for as I can.

Edited April 27, 2018 by John & Rose

[Hank_ 9,174]