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Filed: K-1 Visa Country: Colombia
Timeline
Posted (edited)
6 minutes ago, Rob Beri said:

This could be a problem. The petition asks specifically if you have - ever - been arrested. It is in plain English.

 

I would prepare for it to come up during the interview. Provide all of the court and police documents to your fiance(e), along with a good explanation, in case this issue comes up during the interview. 

 

I called the police station and court house, neither of them have records for the arrest. I never appeared in court for the arrest, I was home within two hours of the arrest. 

 

BTW, I’m the petitioner, not the applicant. 

Edited by Tacos
Filed: K-1 Visa Country: Kosova
Timeline
Posted (edited)
7 minutes ago, Tacos said:

 

I called the police station and court house, neither of them have records for the arrest. I never appeared in court for the arrest, I was home within two hours of the arrest. 

Get a letter from both the court and police department that no record exists. Just to be prepared at the interview level. 

 

Failing to disclose your arrest could be considered material misrepresentation by the officer. Fingers crossed they did not receive a hit on your background check, which is most likely the case since the USCIS approved your petition without an RFE.

 

Just again get those documents it's better to be safe than sorry.

Edited by Rob Beri
Filed: K-1 Visa Country: Colombia
Timeline
Posted
2 minutes ago, Rob Beri said:

Get a letter from both the court and police department that no record exists. Just to be prepared at the interview level. 

 

Failing to disclose your arrest could be considered material misrepresentation by the officer. Fingers crossed they did not receive a hit on your background, which most likely is the case since the USCIS approved your petition without an RFE.

 

Just again get those documents it's better to be safe than sorry.

 

Thanks, I’ll get the docs from them. I hope it doesn’t come back to bite me and cause her a denial. But The beneficiary (my fiance) should mark “yes’ on the DS-160 that I was arrested? 

Filed: K-1 Visa Country: Kosova
Timeline
Posted
Just now, Tacos said:

 

Thanks, I’ll get the docs from them. I hope it doesn’t come back to bite me and cause her a denial. But The beneficiary (my fiance) should mark “yes’ on the DS-160 that I was arrested? 

I am not sure about the DS-160, as I have not completed this step yet. I assume the DS-160 asks about the beneficiarie's background only. Not yours. I could be wrong, however. 

Filed: K-1 Visa Country: Colombia
Timeline
Posted
14 minutes ago, Rob Beri said:

I am not sure about the DS-160, as I have not completed this step yet. I assume the DS-160 asks about the beneficiarie's background only. Not yours. I could be wrong, however. 

The affidavit of support doesn’t ask about arrests, but are there any papers/forms, between receiving the NOA2 and her interview, that I need to complete and disclose the arrest? 

Filed: K-1 Visa Country: Colombia
Timeline
Posted
39 minutes ago, Rob Beri said:

I am not sure about the DS-160, as I have not completed this step yet. I assume the DS-160 asks about the beneficiarie's background only. Not yours. I could be wrong, however. 

 

My arrest was for a traffic violation, unpaid ticket for going through a red light. Which in this section of the I-129F that asks about arrests,  question 4A asks about arrests EXCLUDING traffic violations. Since my arrest was for an unpaid traffic violation, I marked “no”. Court and Police records are for the listed crimes, since my arrest was for a traffic violation, I don’t need to provide documentation. 

 

3a-c were unanswered as they relate to questions 2a-c, and I have no criminal history for those, or any other reasons. 

E9EBF51D-9267-4DB2-B1A3-EF408920101B.jpeg

Posted (edited)
6 hours ago, Rob Beri said:

I am not sure about the DS-160, as I have not completed this step yet. I assume the DS-160 asks about the beneficiaries' background only. Not yours. I could be wrong, however. 

The DS-160, Online Nonimmigrant Visa Application and DS-5540 Public Charge Questionnaire are all about the beneficiary. The I-129f, Petition for Alien Fiancé(e) is mostly about the petitioner with some information about the beneficiary.

 

6 hours ago, Tacos said:

The affidavit of support doesn’t ask about arrests, but are there any papers/forms, between receiving the NOA2 and her interview, that I need to complete and disclose the arrest? 

 
 
 

There are no forms or need to provide any additional information from the petitioner except the I-134, Affidavit of Support and it doesn't ask about "criminal records". So, no there isn't any other papers/forms that are required between NOA1 and the interview. The beneificiary will be asked those questions. Here is a link that explains that section in a little more detail as well as the entire DS-160, Online Nonimmigrant Visa Application'

 

https://www.***removed***/us-visa-ds-160-form-security-background-information/

Edited by Greenbaum
Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Filed: K-1 Visa Country: Philippines
Timeline
Posted
17 hours ago, Tacos said:

 

My arrest was for a traffic violation, unpaid ticket for going through a red light. Which in this section of the I-129F that asks about arrests,  question 4A asks about arrests EXCLUDING traffic violations. Since my arrest was for an unpaid traffic violation, I marked “no”. Court and Police records are for the listed crimes, since my arrest was for a traffic violation, I don’t need to provide documentation. 

 

3a-c were unanswered as they relate to questions 2a-c, and I have no criminal history for those, or any other reasons. 

E9EBF51D-9267-4DB2-B1A3-EF408920101B.jpeg

So you were arrested for failure to pay a ticket? Generally that's what they call a bench warrant. Contempt... You didn't pay your ticket. You weren't arrested for a traffic violation. 

Filed: K-1 Visa Country: Colombia
Timeline
Posted
21 hours ago, Solaris81 said:

So you were arrested for failure to pay a ticket? Generally that's what they call a bench warrant. Contempt... You didn't pay your ticket. You weren't arrested for a traffic violation. 

 

Is this something that she will have to disclose and I will have to get paperwork for? I called the court and police department, neither of them have records for the arrest and I am getting a letter from both. 

 
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