how long will it take to look at my rfe for criminal records

[John & Rose 7,239]

Just now, Bill Knol said:

Yes I am the beneficiary,  I said that I was convicted for a DUI in the past, but I didn't bring court papers.

I send them to the consulate today

Perfect.  Forget all about my Vermont talk!  That is for petitioners only.  Good luck to you.  Hopefully you will see an approval in a week or so!

[Bill Knol 0]

1 minute ago, John & Rose said:

Perfect.  Forget all about my Vermont talk!  That is for petitioners only.  Good luck to you.  Hopefully you will see an approval in a week or so!

Thank you for the update, I felt kinda lost 

[John & Rose 7,239]

1 minute ago, Bill Knol said:

Thank you for the update, I felt kinda lost 

Actually, you were fine, I was lost.  I do wish there was a way to see who is the petitioner and who is the beneficiary.  It may be easier on a computer but I am usually doing this from a phone so countries and who is the petitioner and beneficiary is difficult to decipher.

[Boiler 45,531]

Maybe a MisRep issue?

[lavinia77 2]

if the petitioner had been arrested, could be denied our petition? im the beneficiary, i have no criminal record but he has... is still undergoing 

[Anna1988 5]

On 11/12/2018 at 4:37 PM, lavinia77 said:

if the petitioner had been arrested, could be denied our petition? im the beneficiary, i have no criminal record but he has... is still undergoing 

I have this question too

[MeghanK 629]

If you included your DUIs (all of them) in the DS-160 and only failed to bring the records with you to the interview, then that is positive that you didn't try to hide it. If you tried to hide it, that could be a bigger problem. Court/arrest docs are always required for the interview if they exist, so now you just have to be patient, AP can be anywhere from a week to years, there is no telling. At worst they might want you to take a substance abuse class.... it's criminal charges like drug trafficking, domestic violence/child abuse, or anything that would put U.S. security at risk that I think they are most concerned with I think, so don't stress yourself out too much.  

 

Check around here, I'm sure there are threads where others have been in your shoes. 

[MeghanK 629]

On 11/12/2018 at 1:37 PM, lavinia77 said:

if the petitioner had been arrested, could be denied our petition? im the beneficiary, i have no criminal record but he has... is still undergoing 

Depends on what the crime was and if there is a conviction or not. Every situation could be unique. More importantly you need to be honest no matter the crime. Even a simple crime that is withheld from the petition could cause you more harm than a larger crime that is fully disclosed.

 

 

[geowrian 22,337]

On 11/12/2018 at 4:37 PM, lavinia77 said:

if the petitioner had been arrested, could be denied our petition? im the beneficiary, i have no criminal record but he has... is still undergoing 

First, it depends on the crime. If it fall under the AWA, then definitely.

 

Second, it depends on the petition.

For an I-130, no...crimes don't need to be disclosed.

For an I-129F, it absolutely can result in the petition being denied - or worse due to more time and money being wasted: having the petition approved then having the visa refused and petition sent back to expire. This happened to a member recently for a crime from decades ago that was expunged.

NOTE: The above is for not disclosing the crime. If disclosed, it depends on if a waiver is needed or not (i.e. DV and such).

Edited January 7, 2019 by geowrian

[John & Rose 7,239]

On 11/12/2018 at 3:37 PM, lavinia77 said:

if the petitioner had been arrested, could be denied our petition? im the beneficiary, i have no criminal record but he has... is still undergoing 

That depends on what they were arrested for.  In general it shouldn't be cause for a denial unless there was an AWA or domestic violence charge.  Even some DV can be worked around.