Jump to content
h02ejmajja

Disclosing criminal record when applying?

By h02ejmajja in IR-1 / CR-1 Spouse Visa Process & Procedures

 Share

7 posts in this topic

Recommended Posts

h02ejmajja Contributor

h02ejmajja   57

Posted
Filed: Citizen (pnd) Country: Morocco
 Timeline
Posted

I am the US petitioner who will be petitioning for my husband. We got married July 2019 and I am getting ready to send off our petition. A friend advised me that I should disclose my criminal record from 20+ years ago.

 

At that time I had a charge of retail theft (misdemeanor), obstruction of justice/resisting a peace officer. I did not do any time in jail and was given probation. I have served probation, have been in no other legal trouble, and currently have a steady job requiring yearly background investigations for several years.

 

I do not see anywhere in the USCIS instructions that it is necessary to disclose a previous criminal record during the 130 petition. I want to be transparent so if it could cause a delay or look like I am hiding something, I can get the court records. The only reason I hesitate is because they are not easy to get as I am no longer in that area and we would like to send our petition off soon (but of course do not want a delay at a later time).

 

Yes, my husband will have full knowledge of all this information during this interview.

Is this important for the initial petition?

 

 

Link to comment
Share on other sites
LilyJ Proficient

LilyJ   1,258

Posted
Filed: IR-1/CR-1 Visa Country: Denmark
 Timeline
Posted

Petitioner's criminal history is only needed on the I129f for fiance visas iirc. It's not asked for on the I130, and at NVC stage, only the beneficiary's police report (either a certificate stating the record is clean, or any documents needed if a criminal record does exist) is asked for

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)
  • September 10 2020: Embassy received passport in mail
  • September 15 2020: Passport with visa in hand

 

October 11 2020: Arrived in US!

Link to comment
Share on other sites
Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Link to comment
Share on other sites
debbiedoo Experienced

debbiedoo   2,339

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

petitioners criminal history is not required nor asked about for a cr1

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

Link to comment
Share on other sites
NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
On 12/22/2019 at 5:12 AM, debbiedoo said:

petitioners criminal history is not required nor asked about for a cr1

But any AWA will be figured out and petition denied. The USCIS does the background check on the petitioner without the disclosure. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Link to comment
Share on other sites
SalishSea Grand Master

SalishSea   17,818

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
13 hours ago, NikLR said:

But any AWA will be figured out and petition denied. The USCIS does the background check on the petitioner without the disclosure. 

I have always wondered how that requirement was gotten around for spousal petitions.....

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...