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Jfresh26

Criminal history for k1 visa (petitioner).. what do I do?

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Filed: K-1 Visa Country: Philippines
Timeline

I have a charge since I’ve turned 18, but it was dropped. I’ve had charges since before I turned 18 but those are off my record. I went to the courthouse and got a request for criminal history and it said “no requests found” I’ll send that letter with the k1 petition. Do I still need to list the charge from after 18? Do I need to submit anything else with it? Please help! 

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Yes you must declare any arrest on part 3 question 4.a. Additionally if the crime is an AWA crime you must also complete the questions prior to 4.a. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: K-1 Visa Country: Philippines
Timeline
8 hours ago, Jfresh26 said:

I have a charge since I’ve turned 18, but it was dropped. I’ve had charges since before I turned 18 but those are off my record. I went to the courthouse and got a request for criminal history and it said “no requests found” I’ll send that letter with the k1 petition. Do I still need to list the charge from after 18? Do I need to submit anything else with it? Please help! 

I didn't provide a minor in the consumption of alcohol, they RFE'd us. It was easy to get a letter from the courthouse saying the records have been destroyed. 

Edited by Fogi
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Filed: K-1 Visa Country: Philippines
Timeline
4 hours ago, Fogi said:

I didn't provide a minor in the consumption of alcohol, they RFE'd us. It was easy to get a letter from the courthouse saying the records have been destroyed. 

How far into detail did you get list the arrest? Just the charge and date? I want to be as open with them as possible but I don’t have access to the records showing details just the letter saying no records found.. thanks!

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Filed: K-1 Visa Country: Philippines
Timeline
1 hour ago, Jfresh26 said:

How far into detail did you get list the arrest? Just the charge and date? I want to be as open with them as possible but I don’t have access to the records showing details just the letter saying no records found.. thanks!

On the 129 I listed it "mic 2001, cleared from record," and then attached a background check I performed on myself showing no record. They asked for certified document from court. So I got the letter from court and the police station (just to be sure) saying the records were destroyed. I didn't give any details. I'm not even sure if I was arrested. I was taken to police station for breath test, not cuffed. It was 20 years ago. I bet I didn't even need to list it. I wasn't reading VJ forums while filling out the papers. I thought I only needed to include the records if I committed crimes against women/children or drugs/dui.

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Filed: K-1 Visa Country: Philippines
Timeline
9 minutes ago, Fogi said:

On the 129 I listed it "mic 2001, cleared from record," and then attached a background check I performed on myself showing no record. They asked for certified document from court. So I got the letter from court and the police station (just to be sure) saying the records were destroyed. I didn't give any details. I'm not even sure if I was arrested. I was taken to police station for breath test, not cuffed. It was 20 years ago. I bet I didn't even need to list it. I wasn't reading VJ forums while filling out the papers. I thought I only needed to include the records if I committed crimes against women/children or drugs/dui.

I’m honestly not sure when the exact dates and charges were from when I was still a minor.. it was all around 8 years ago. But my most recent will be 5yrs ago in January. Did you get the Police Clearance Certificate? 

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Filed: K-1 Visa Country: Philippines
Timeline
46 minutes ago, Jfresh26 said:

I’m honestly not sure when the exact dates and charges were from when I was still a minor.. it was all around 8 years ago. But my most recent will be 5yrs ago in January. Did you get the Police Clearance Certificate? 

There is no clearance certificate, at least not in my state. They gave me a letter stating that the original police report was destroyed. They gave me a copy of the actual citation. It just had my fine listed. It was the only thing on file for me. The court gave me a similar letter. 

 

The police or court should be able to find all things needed using your info.

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Filed: K-1 Visa Country: China
Timeline

Yes you need a police and court ORIGINAL OR CERTIFIED COPY document whether detained, case dismissed, not legally arrested, sealed, exonerated, charged, probation, jailed released,  etc.  The more court and police certified originals the better.   No record found is also a valid document.

 

I know this is because I have gone thru this step and sent in originals with I-129F.   No RFE.  We got NOA2 in 90 days.

Edited by flfreddy

=============
5/20/2019 - I129 Submitted

5/22/19 - NOA1

 

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Filed: K-1 Visa Country: Philippines
Timeline
52 minutes ago, flfreddy said:

Yes you need a police and court ORIGINAL OR CERTIFIED COPY document whether detained, case dismissed, not legally arrested, sealed, exonerated, charged, probation, jailed released,  etc.  The more court and police certified originals the better.   No record found is also a valid document.

 

I know this is because I have gone thru this step and sent in originals with I-129F.   No RFE.  We got NOA2 in 90 days.

Thank you so much! Do I need to do anything further then? Or can I just send the no records document? 
 

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Filed: K-1 Visa Country: China
Timeline
1 hour ago, Jfresh26 said:

Thank you so much! Do I need to do anything further then? Or can I just send the no records document? 
 

No records, no charges filed, no arrest, detention only official documentation.  What ever you can get

=============
5/20/2019 - I129 Submitted

5/22/19 - NOA1

 

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  • 2 weeks later...
Filed: K-1 Visa Country: Philippines
Timeline
On 10/14/2019 at 12:33 PM, flfreddy said:

No records, no charges filed, no arrest, detention only official documentation.  What ever you can get

The only document I have is the No Requests found sheet from the court house. But I'm still going to list all my charges (3 as a minor; 1 as an adult) in the i-129. I just don't have the dates or sentencing/disposition.. Do you think I am going to need to do some further digging into for finding more information on my background? Or can I just list the charges and send the document I got from the courthouse?

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