Possibly a issue?

[Russel1995 163]

When i filed the petition for my fiance, i selected no for every criminal question includong the one about restraining orders.

 

In 2016 i had let my step brother stay in my house while he was homeless.  He got a job and asked to borrow money for a used car, i lent him the money.  After a month or 2 i asked him about paying me back.. in a rage he left my house and a few days later i was served papers for a court date for a restraining order.. he never showed up to court for the hearing and it was dismissed.  From my understanding it was NEVER approved.  I was never told to stay away from him nor contact him.  Before i filed my perition i had looked in the database in my courthouse and could not find anything of it.  I asked my father if he knew if it was approved or now and he informed me no.  I selected no.

 

Fast forward to this weekend.  My step brother informed me he believes it was tempoarily approved until the court date.  He also informed me he is open to going to the courts and inform them ot was entirely made up and false and shouldnt even exist in the first place.

 

Lets say it was temporarily approved and it wasnt stated on the i129f.  What are my options?  Can i contact the consulate and explain? Or am i ☆☆☆☆☆?

[Russel1995 163]

Can someone inform me if they do the petitioner background check at USCIS stage (before NOA2) or in AP (after interview)?

[ourjourney_pc 118]

34 minutes ago, Russel1995 said:

Can someone inform me if they do the petitioner background check at USCIS stage (before NOA2) or in AP (after interview)?

Definitely uscis stage for petitioner's background check.. 

 

Just hope for rfe and start to gather the documents as early as now.. 

[Russel1995 163]

3 minutes ago, ourjourney_pc said:

Definitely uscis stage for petitioner's background check.. 

 

Just hope for rfe and start to gather the documents as early as now.. 

Passed USCIS stage.  We are waiting for her interview aigust 28th.

[ourjourney_pc 118]

8 hours ago, Russel1995 said:

Passed USCIS stage.  We are waiting for her interview aigust 28th.

Then there's nothing to worry about 

Unless asked by the consul,  your fiance need not mention anything about it in her interview 

[SalishSea 17,819]

@John & Rose May have some relevant advice for you.

[Allaboutwaiting 2,503]

K1's visas have been denied during interview or even after, for checking "NO" on any of the criminal background questions when it should have been "YES".

If there is a record of the restraining order, they will find out during AP, so even if they approve your fiancée in the interview, it could be later denied.

In such a case, it would be advisable to get those records, hand them during the interview and explain the mistake. Unfortunately, CDJ consulate doesn't allow anyone but the beneficiary into the building, so the burden of explaining this would be on your fiancee.

[Russel1995 163]

1 hour ago, Allaboutwaiting said:

K1's visas have been denied during interview or even after, for checking "NO" on any of the criminal background questions when it should have been "YES".

If there is a record of the restraining order, they will find out during AP, so even if they approve your fiancée in the interview, it could be later denied.

In such a case, it would be advisable to get those records, hand them during the interview and explain the mistake. Unfortunately, CDJ consulate doesn't allow anyone but the beneficiary into the building, so the burden of explaining this would be on your fiancee.

https://www.visatutor.com/129f-k1-fiance-visa-criminal-records-petitioners/

 

Can you or anyone explain if there is hope based on this link?

[Allaboutwaiting 2,503]

Of course you have hope, but you must also be prepared for the worst case scenario.

As we know, your problem is not the restraining order per se, but not disclosing it and including the needed paperwork.

 

I sustain you should give your fiancée all documents available on the case and get her ask for the file to be corrected. Think of it as a RFE without the USCIS/Consulate issuing one. You could even get your stepbrother fix the issue as he offered, and whatever document generated when he does so, include it in the package for the interview. 

Edited May 26, 2019 by Allaboutwaiting

[Villanelle 4,122]

Every state handles restraining orders differently but they all follow the same basic procedure. Someone goes down to the clerk and fills out a request for a RO and if it seems to be a valid request a temp RO is given until a court date is set- usually with in a week or two. At the hearing both sides come and the judge will decide if the order should be made permanent or not. So the temp order usually only covers you until the hearing.

 

Documents about ROs are typically not found online in court database searches due to the type of case it is. So its not surprising you couldnt find anything but the clerk should be able to get you documents about the temp order. It really doesnt matter now if your step brother tries to take it back or whatever nonsense he talked about. Whats done is done. He can write a letter on your behalf for you to send to USCIS stating how he over reacted and sought a RO improperly and never followed through with it, but it wont really make much of a difference. When he applied for the temp one- and to get a hearing for a perm one he stated things that gave them 'probable cause' so to speak that he had a valid claim to a RO. 

 

Where this leaves you with USCIS- well, you seem to be awaiting interview at the consulate. You can notify the consulate however I believe when you tell them you omitted info in that section of the 129f they will have to send the file back to USCIS to handle it. The consulate does not do that part of the process. USCIS has to review the criminal charges or orders or arrest records (etc) and determine if it is an AWA offense that makes you ineligible for the 129f. It is not- but the red tape paperwork needs to be done and again I do not believe the CO will do it. She can probably have her interview but will get a 221g and told the case is going back to USCIS and then hopefully USCIS will send it back to the Embassy who will issue the visa.  I can see this adding a whole lot of time to the process and you may want to reach out to your congressperson if or when the case is sent back to USCIS to ensure its handled as promptly as it can be and continues to move forward. You can submit the info now yourself to USCIS (service center you filed at) and see if they can pull it back from the Embassy or not. 

 

If you do nothing you will always have it hanging over your head that you lied on the initial immigration forms and if it is ever found out you will have a tremendous amount of problems. So its better to disclose it now and deal with the wait. Now I can be wrong and the CO may take the documents and NOT send it back to USCIS and I hope that is what happens but from my understanding there is a very slim chance of that happening. 

 

USCIS does not run checks through every local court when processing background checks on people. They rely on you providing the information and for the more major offenses to be reported in systems they check. Minor things like a temp RO that was never made permanent would not show up on their checks but still needs to be disclosed so they can review it for AWA offenses. 

[Jeanne Adil 1,651]

get a criminal report on yourself and see what is in it

not that hard to get one

in TN we pay $15 at the clerk of the court and she prints it out

even my one speeding ticket was there from over 10 years ago so she laughed and told me to slow down

[Russel1995 163]

3 hours ago, adil-rafa said:

get a criminal report on yourself and see what is in it

not that hard to get one

in TN we pay $15 at the clerk of the court and she prints it out

even my one speeding ticket was there from over 10 years ago so she laughed and told me to slow down

I have.  Nothing ever shows up.

[Allaboutwaiting 2,503]

Check on the most recent post from the creator of this thread. 

He mistakenly checked "NO" on the I-129f form regarding a DUI and it was successfully corrected at embassy level, so you indeed have a chance. 

Edited May 27, 2019 by Allaboutwaiting

[Jeanne Adil 1,651]

12 hours ago, Russel1995 said:

I have.  Nothing ever shows up.

then i would say you are clear

the questions is have "you been arrested and convicted?"

if there was no arrest ,  i would say this at embassy level 

[Allaboutwaiting 2,503]

6 hours ago, adil-rafa said:

then i would say you are clear

the questions is have "you been arrested and convicted?"

if there was no arrest ,  i would say this at embassy level 

The first question on the criminal background section of the form is: "Have you ever been arrested, cited, charged or detained?"

He was cited and checked "NO".