December 2019 I-129F (K1) Filers

[Tacos 69]

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 May 25, 2020 by Tacos

[Rob Beri 68]

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 May 25, 2020 by Rob Beri

[Tacos 69]

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? 

[Rob Beri 68]

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. 

[Tacos 69]

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? 

[NoMansLand2020 298]

18 minutes 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? 

I don't believe so. 

[Tacos 69]

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. 

[Greenbaum 12,259]

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 May 25, 2020 by Greenbaum

[NoMansLand2020 298]

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. 

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. 

[Spencer_Kyle 12]

Anyone get any approvals today?

[NoMansLand2020 298]

2 minutes ago, Spencer_Kyle said:

Anyone get any approvals today?

It's a Federal Holiday.. Govt Offices are closed

[Spencer_Kyle 12]

13 minutes ago, Solaris81 said:

It's a Federal Holiday.. Govt Offices are closed

Oh ...okay  makes sense, thank you for letting me know 

[Eric Q. 41]

NOA1 DEC 16. Still waiting on NOA2 😕

[Ali&Ed 113]

10 minutes ago, Eric Q. said:

NOA1 DEC 16. Still waiting on NOA2 😕

NOA1 Dec 20. Still waiting too 😞

[Tacos 69]

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.