May 2018 K1 Filers

[Fernando&Steven 54]

9 minutes ago, John & Rose said:

Wow!!!  Very similar. We were told by an agency that I should say no since I was expunged. Here is the truth...you should answer YES. The I-129f is all about the petitioner. Just like you, my YES would not have made any difference in the petition. It was a misdemeanor battery arrest that was dropped and later expunged. By court order all digital and paper copies of the arrest were to be destroyed and they were. I do have a copy of the expungement order though. 

 

It seems that lawyers know as much about this as the agencies we pay to help do. If you read the actual directions they specifically says that the petitoner should answer yes if they were ever arrested even if someone tells them to answer no or they were expunged. I have a feeling they have seen this before. I would try to amend the petition but I also have to say that since this happened to me I have heard from at least a dozen people in almost the same situation (answered no when they had an arrest) and they were all approved. Your lawyer and my agency were both wrong. It isn’t the end. If you can amend try that. We were approved by NVC. They took my wife’s and step kids passports and congratulated us at the interview but 48 hours later saw that we were refused. It happened after the interview in AP. At some point try to fix that honest mistake and you will be fine. It is more about the disclosure than the actual arrest. 

OMG!! I personally want to thank you all to show interest and reply to my post, shout out to : @Greenbaum @JennaV @seganku and you @John & Rose 

I was reading the instructions and the section very carefully now and they list certain crimes that are more related to domestic Violence, alcohol etc. they do not apply to me because mine was a petty theft case, still very concern just do not know how to amend the application? 

Literally the list of crimes that they have listed are not applicable to me and that is what the office that helped me said to me over the phone right now because I called them yelling all aggravated. (you can imagine i went off...) 

@John & Rose after you went to the interview they told you that was the reason whey they were denying your application?  I am so sorry to hear that you were so close to get it and all of the sudden they took that away from you.

[John & Rose 7,239]

3 minutes ago, Fernando&Steven said:

 

@John & Rose after you went to the interview they told you that was the reason whey they were denying your application?  I am so sorry to hear that you were so close to get it and all of the sudden they took that away from you.

We were denied because “petitioner failed to disclose information in the petition “. 

 

If if you look at the instructions for Part 3 Question 4.a it covers your situation. Basically indicate if you have 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 listed in the previous section. That pretty much covers anything LOL. 

 

We were  upset but we took it in stride. It is an easy fix (be honest) and we are now married and working towards the CR-1. 

 

I think you can contact USCIS and ask them to amend the petition. You may also be able to do that after NOA2 through NVC or the Embassy. I think sooner is better. Just tell them the truth. Your lawyer gave you bad advice and you want to correct the petition. 

[Fernando&Steven 54]

3 minutes ago, John & Rose said:

We were denied because “petitioner failed to disclose information in the petition “. 

 

If if you look at the instructions for Part 3 Question 4.a it covers your situation. Basically indicate if you have 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 listed in the previous section. That pretty much covers anything LOL. 

 

We were  upset but we took it in stride. It is an easy fix (be honest) and we are now married and working towards the CR-1. 

 

I think you can contact USCIS and ask them to amend the petition. You may also be able to do that after NOA2 through NVC or the Embassy. I think sooner is better. Just tell them the truth. Your lawyer gave you bad advice and you want to correct the petition. 

Yes! you are right, damn!! well ... do you think they will request and RFE asking for it? could we amend petitions and how ? OMG I am sorry, just do not know what to do?

[John & Rose 7,239]

9 minutes ago, Fernando&Steven said:

Yes! you are right, damn!! well ... do you think they will request and RFE asking for it? could we amend petitions and how ? OMG I am sorry, just do not know what to do?

You shouldn’t know what to do!!!  This is not something we want to get good at!  Once is enough.  We were approved by USCIS. Our RFE was unrelated (they wanted her court documents for her annulment). I think you can send an email to USCIS through their website. You can also call and ask them what you should do. They really generally like to help people. They get a bad wrap because everyone they talk to is upset about the wait. Just be honest and someone will be able to help you. 

[Stefannievs 267]

2 hours ago, Fernando&Steven said:

OMG!! I personally want to thank you all to show interest and reply to my post, shout out to : @Greenbaum @JennaV @seganku and you @John & Rose 

I was reading the instructions and the section very carefully now and they list certain crimes that are more related to domestic Violence, alcohol etc. they do not apply to me because mine was a petty theft case, still very concern just do not know how to amend the application? 

Literally the list of crimes that they have listed are not applicable to me and that is what the office that helped me said to me over the phone right now because I called them yelling all aggravated. (you can imagine i went off...) 

@John & Rose after you went to the interview they told you that was the reason whey they were denying your application?  I am so sorry to hear that you were so close to get it and all of the sudden they took that away from you.

Hello I had the similar situation. My fiance got an appointment with an officer to ask about the situation cause we also said "no" because his case was dismissed and we considered was ok which was not ok, we needed to mark yes. What they said we could do is send a letter explaining your mistake adding your court documents and as soon as it gets there before they check your file, they will consider it and help you. We did that. My NOA1 is June 15th so I'm really hoping everything goes well. Good luck if I were you I'd send what I'm telling you asap!!!!!!! Because definitely if you don't change it that will be denied

Edited October 26, 2018 by Stefannievs
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[J C 15]

Our case was submitted May 21st and accepted May 24th. No news for us either but looking forward to good news soon :)

Wishing you all the best in your journey as well. Yes this stage is very painful when you are in love and have to be separated for so long. But the wait will be so worth it when we are in each other's arms.

Yes looking forward to those May approvals as well.

[PA2DR 140]

10 minutes ago, jccj4994 said:

Our case was submitted May 21st and accepted May 24th. No news for us either but looking forward to good news soon

Wishing you all the best in your journey as well. Yes this stage is very painful when you are in love and have to be separated for so long. But the wait will be so worth it when we are in each other's arms.

Yes looking forward to those May approvals as well.

Same exact dates as me!!!! Fingers crossed!!! 

[J C 15]

Yes PA2DR fingers crossed, best wishes to you guys, please keep us posted thanks

 

[DaveAndAnastasia 2,092]

Good luck to everyone. 🤗

I'm sure I can hold off checking our case status multiple times a day for a few more weeks (we're May 25 received date) ... 

Edited October 26, 2018 by DaveAndAnastasia

[Sarge2155 4,587]

Looks like everyone is readying themselves before the hopeful calm before the storm. I feel each and everyone of you. I have been dreading the infamous RFE for many months now. Nothing much can be done at this point except wait some more. Another week comes to a close next week is the last few days of October let's see what USCIS has up their sleeves.

[Fernando&Steven 54]

Hello everyone.

So... I called USCIS regarding my issue, I will likely get an RFE based on what she said, luckily she was super nice and sweet with me over the phone. She said that the the process its taking about 5 to 6 months and that we will start hearing from them in a couple of weeks some of us next week because they are working on applications submitted at the end of April already(at least her pile of applications). She also said they are trying to get done as much as possible before the holidays, she also said that they have a deadline and they are trying to get done all the files up until June to avoid files to piled up to have a clear stack when they come back "in her own words".

 

So hopefully we will start hearing from them soon.

She was so nice to the point she was telling me that she will dress her puppy up for halloween as a coffee mug. LOL!! 🐶☕

 

GOOD LUCK TO EVERYONE!!! LET THOSE APPROVALS RAIN!!

[Greenbaum 12,259]

On ‎10‎/‎25‎/‎2018 at 10:15 AM, DaveAndAnastasia said:

Really, the May filers group isn't scary. 

But a handful of early May filers got approved late last week and on Monday.

 

There you GO! Stirring up trouble. Now, they'll start asking "when will I get" .....

[Stefannievs 267]

3 hours ago, Fernando&Steven said:

Hello everyone.

So... I called USCIS regarding my issue, I will likely get an RFE based on what she said, luckily she was super nice and sweet with me over the phone. She said that the the process its taking about 5 to 6 months and that we will start hearing from them in a couple of weeks some of us next week because they are working on applications submitted at the end of April already(at least her pile of applications). She also said they are trying to get done as much as possible before the holidays, she also said that they have a deadline and they are trying to get done all the files up until June to avoid files to piled up to have a clear stack when they come back "in her own words".

 

So hopefully we will start hearing from them soon.

She was so nice to the point she was telling me that she will dress her puppy up for halloween as a coffee mug. LOL!! 🐶☕

 

GOOD LUCK TO EVERYONE!!! LET THOSE APPROVALS RAIN!!

That's so nice to hear!!!!! but I don't understand something, your case is not exactly like the other person who got denied??? So now they have changed the process and if you said no but you had criminal record will be an RFE?. I'm asking this because our case is similar so I'm scared.... That sounds amazing though 

[Fernando&Steven 54]

Just now, Stefannievs said:

That's so nice to hear!!!!! but I don't understand something, your case is not exactly like the other person who got denied??? So now they have changed the process and if you said no but you had criminal record will be an RFE?. I'm asking this because our case is similar so I'm scared.... That sounds amazing though 

So @Stefannievs when I called I was immediately transferred to T2 or a "higher up agent" that is what the first lady told me when I called USCIS after telling her my story... so I got transferred and I told the "higher up agent" my story

I filed for a fiance visa back in May but when I was filling out the form I29F the agency that assisted me filling it out the form told me that SECTION 3 of that form regarding the Criminal History was for the beneficiary not for the petitioner. I told her that I am very concerned because I do have a criminal record but I did not disclose it thinking it was about my beneficiary but I guess it should be my information.  

She said to me:  I do understand your confusion... this is what is going to happen, that will definitely come out and we will come across your criminal history, if what you have in your record is not any of the mentioned crimes in the form and you selected NO, we will not straight up deny your application. We will send you an RFE requesting evidence of your criminal history.

We will deny if it is a conviction listed on that form and you did not disclose it because you were told not to do so because it was expunged, sealed destroyed etc.

Now... that is what she told me, now I have been doing more research and believe it is up to the agent's discretion working on your case if they request evidence or deny your case, I asked her if I could amend the application or be proactive by sending a letter with my records or something like that and she said:  NO need to do so you most likely get an RFE. she also said:  you are very far in the process so you will hear from us in a couple of weeks. I do not know if am reading between lines or not but I guess they scan the documents and I feel you application goes through different filters before you get a response from them with that statement she made "You are very far in the process"... I would suggest @Stefannievs to maybe give them a call explain your situation and see what they tell you just to make sure the information we get is concise. 

[Stefannievs 267]

2 minutes ago, Fernando&Steven said:

So @Stefannievs when I called I was immediately transferred to T2 or a "higher up agent" that is what the first lady told me when I called USCIS after telling her my story... so I got transferred and I told the "higher up agent" my story

I filed for a fiance visa back in May but when I was filling out the form I29F the agency that assisted me filling it out the form told me that SECTION 3 of that form regarding the Criminal History was for the beneficiary not for the petitioner. I told her that I am very concerned because I do have a criminal record but I did not disclose it thinking it was about my beneficiary but I guess it should be my information.  

She said to me:  I do understand your confusion... this is what is going to happen, that will definitely come out and we will come across your criminal history, if what you have in your record is not any of the mentioned crimes in the form and you selected NO, we will not straight up deny your application. We will send you an RFE requesting evidence of your criminal history.

We will deny if it is a conviction listed on that form and you did not disclose it because you were told not to do so because it was expunged, sealed destroyed etc.

Now... that is what she told me, now I have been doing more research and believe it is up to the agent's discretion working on your case if they request evidence or deny your case, I asked her if I could amend the application or be proactive by sending a letter with my records or something like that and she said:  NO need to do so you most likely get an RFE. she also said:  you are very far in the process so you will hear from us in a couple of weeks. I do not know if am reading between lines or not but I guess they scan the documents and I feel you application goes through different filters before you get a response from them with that statement she made "You are very far in the process"... I would suggest @Stefannievs to maybe give them a call explain your situation and see what they tell you just to make sure the information we get is concise. 

Oh yeah I did that even my fiance went to talk in person with an officer and he said to send a letter explaining our mistake plus the information about his case. I already did it. I'm just still scared about this topic because I made a mistake wishing for the best, of course. You will definitely hear something first than me. My NOA1 is on June 15th. Wish you the best. Let's pray and let's be positive.  Let me know how it goes 😄😄😄😄