K1 AOS documents for a past arrest

[Moon&Stars 172]

Hi all - I'm working to get our AOS out very soon, yay! I've been going through the document requirements for the I-485 and since we answered yes that my husband (beneficiary) has been arrested in the past, it says we need to provide certified police and court records of charges. We have all the police clearances and went through great lengths and expense to obtain an official court record. It makes me super nervous to send the certified records, especially from the court, because I want to make sure we get it back. I know the obvious answer is if they ask for it, send it. But can anyone calm my anxiety that they really do want the original police certificates and court records and will return them instead of destroy them? Has anyone been through this before and confirm that I will get them back? I'm half tempted to send copies and only send originals if they ask through an RFE. Thoughts?

[Going through 5,671]

1 hour ago, Moon&Stars said:

It makes me super nervous to send the certified records, especially from the court, because I want to make sure we get it back. I know the obvious answer is if they ask for it, send it. But can anyone calm my anxiety that they really do want the original police certificates and court records and will return them instead of destroy them?

They don't return the certified records.  They don't destroy the certified records.  It is kept by them and added to your immigration file.

You should send be sending them court-certified COPIES...this is different than "regular" photocopies and will come with the raised court seal/etc.   Contact the court house and request certified copies.   Do NOT send them the originals---you will NOT get them returned.

 

My suggestion is that you order several copies of the court certified documents----you will need to submit them again with your ROC (if applicable) and N400 later on.  Better to order extras now, because several years down the road they may be even harder to track down/order.  I had to order criminal court documents from 23 years prior to my AOS filing---was not an easy thing to do....and my mistake was not ordering it in multiples as I had to track them down again 2 years later for the ROC and over another decade later when doing the N400.

Edited April 27, 2019 by Going through

[payxibka 10,047]

1 hour ago, Moon&Stars said:

Hi all - I'm working to get our AOS out very soon, yay! I've been going through the document requirements for the I-485 and since we answered yes that my husband (beneficiary) has been arrested in the past, it says we need to provide certified police and court records of charges. We have all the police clearances and went through great lengths and expense to obtain an official court record. It makes me super nervous to send the certified records, especially from the court, because I want to make sure we get it back. I know the obvious answer is if they ask for it, send it. But can anyone calm my anxiety that they really do want the original police certificates and court records and will return them instead of destroy them? Has anyone been through this before and confirm that I will get them back? I'm half tempted to send copies and only send originals if they ask through an RFE. Thoughts?

Legible photocopies is all that is required unless they specifically request a document to be an original or certified copy of an original.   

[Going through 5,671]

When it comes to criminal history, USCIS requires court-certified copies.  Do not send regular photocopies done yourself.

[Moon&Stars 172]

@Going through thank you so much, this was very helpful. When we had our K-1 visa interview, they sent us back to obtain documents from the courts in multiple countries. We have a court-certified letter from one country showing he has no court records & court certified letter from another country saying he was once arrested and the case withdrawn. Unfortunately, we didn't realize we would need multiple copies, so we only obtained one. We still have the originals of these letters, but that is it. Should we go back and hire the attorneys that got these for us before to obtain more copies now? Or maybe a notary can notarize a copy of these letters and we don't have to go through all of it again? One has an apostille on it and everything. Thanks!

[Going through 5,671]

6 hours ago, Moon&Stars said:

@Going through thank you so much, this was very helpful. When we had our K-1 visa interview, they sent us back to obtain documents from the courts in multiple countries. We have a court-certified letter from one country showing he has no court records & court certified letter from another country saying he was once arrested and the case withdrawn. Unfortunately, we didn't realize we would need multiple copies, so we only obtained one. We still have the originals of these letters, but that is it. Should we go back and hire the attorneys that got these for us before to obtain more copies now? Or maybe a notary can notarize a copy of these letters and we don't have to go through all of it again? One has an apostille on it and everything. Thanks!

USCIS won't accept a notarized copy of court records/court statements.  The whole point of the court-certified copies is the court stamp/raised court seal on them.  My records were long destroyed when my interview(s) came about----I had to get a court certified letter stating the records were destroyed (but still listed all of my original charges), with the stamp and seal.  

 

You don't need to pay an attorney to get the copies---contact the court clerk (in the city where the arrest happened at the time the person was living) and get them yourself without paying a lawyer---most allow you to send away for them by mail, paying with check or money order or credit card.