Why you, (US Petitioner) should not lie about your criminal or other histories

[NoMansLand2020 298]

55 minutes ago, Sommer S said:

So if you do have a misdemeanor that is around ten years old, expunged, doesn't show up on FBI records, should you still disclose it on the K1 application?

I have already told my fiance about this by the way.

And if you do disclose it, could it at all cause the application to be denied? Also what paperwork should I include?

Thank you!🙂

Those records still exist, no matter if they are expunged. Mine are expunged too.. However, when I was going through my background investigation for my Top Secret clearance they came up. However, because I was honest about it and it wasn't a disqualifying situation and a ton of time had passed I was deemed eligible. 

[Cheburashka34 228]

6 minutes ago, Sparkle Sparkle said:

Read stories on here... Where petishioners don't even disclose their previous marriages or that they are registered sex offenders.

That is horrible! I'll have to look those up.

Just now, Solaris81 said:

Those records still exist, no matter if they are expunged. Mine are expunged too.. However, when I was going through my background investigation for my Top Secret clearance they came up. However, because I was honest about it and it wasn't a disqualifying situation and a ton of time had passed I was deemed eligible. 

Top secret clearance?

[NoMansLand2020 298]

1 minute ago, Sommer S said:

That is horrible! I'll have to look those up.

Top secret clearance?

I work for the US Department of Defense and hold a Top Secret clearance. 

[Sparkle Sparkle 914]

3 minutes ago, Solaris81 said:

Those records still exist, no matter if they are expunged. Mine are expunged too.. However, when I was going through my background investigation for my Top Secret clearance they came up. However, because I was honest about it and it wasn't a disqualifying situation and a ton of time had passed I was deemed eligible. 

Same way it will come up when USCIS runs the petitioners name through their data base and that of sister agencies.

[Cheburashka34 228]

2 minutes ago, Solaris81 said:

I work for the US Department of Defense and hold a Top Secret clearance. 

Oh. Okay! Yes I have heard with that they do come up. But as long as I disclose it and prove I have no record then it should be fine?

[NoMansLand2020 298]

23 minutes ago, Sommer S said:

Oh. Okay! Yes I have heard with that they do come up. But as long as I disclose it and prove I have no record then it should be fine?

Yes, it should be fine. 

[Cheburashka34 228]

1 hour ago, Solaris81 said:

Yes, it should be fine. 

Thank you so much!

[Calicolom 266]

3 hours ago, Sommer S said:

So if you do have a misdemeanor that is around ten years old, expunged, doesn't show up on FBI records, should you still disclose it on the K1 application?

I have already told my fiance about this by the way.

And if you do disclose it, could it at all cause the application to be denied? Also what paperwork should I include?

Thank you!🙂

Any arrest, guilty or innocent, is in the FBI files. The best way to find out, is to aptly for a concealed weapons permit. They will find everything on you. Even things you forgot, just to have an excuse to deny you.

[Cheburashka34 228]

9 minutes ago, Calicolom said:

Any arrest, guilty or innocent, is in the FBI files. The best way to find out, is to aptly for a concealed weapons permit. They will find everything on you. Even things you forgot, just to have an excuse to deny you.

?

Edited April 19, 2020 by Sommer S

[Redheadguy03 505]

When did they add the part about all criminal histories? Back when I applied for my wife I remember they asked about certain crimes. However, it didn't ask about all crimes. 

[jules98 44]

Oh I definitely agree. When I had my interview at the American embassy in Sweden they asked me not once, but three times if I was aware that my (then) fiancée had a DUI. It was brought up twice during me handing over my documents and once during the actual interview. 

[geowrian 22,337]

6 minutes ago, Redheadguy03 said:

When did they add the part about all criminal histories? Back when I applied for my wife I remember they asked about certain crimes. However, it didn't ask about all crimes. 

Around 2018 or so they they added the question to explicitly ask about any criminal history.

[Russel1995 163]

When i filed for my wife for her K1 visa, I had checked no to the question about restraining orders (forgetting about a temporary one that was 2 weeks, never approved permamently)

 

Noticed my mistake after NOA2.  Contacted USCIS, they told me to contact NVC.  Contacted NVC, they told me to contact the consulate.  I contacted them and  sent copies of court records and a notorized letter of the one who filed for the order admitting he did it just for revenge of me evicting him out of my house.  (let him stay there while he was homeless, and lent him money for a car)

 

Consulate replied back telling me I can bring the documents to the interview, but they were not needed as it was never permamently approved.

 

Looking into it more.. IMBRA states they only need to disclose PERMEMENT restraining orders to k1 applicants.

 

I128f asked for temporary and permament restraining orders.  I129f is litteraly harder than the law lol.

 

Id still reccomend disclosing temporary records as the i129f asks just to save stress.

 

Wife was never asked about this order, but she knows all about it and has since even met the individual who filed for it.

Edited April 20, 2020 by Russel1995

[Besamiot 35]

On 4/19/2020 at 2:58 PM, Sparkle Sparkle said:

Read stories on here... Where petishioners don't even disclose their previous marriages or that they are registered sex offenders.

That happened to me. Beneficiary never told me about a previous marriage.  He provided a certificate of celibacy that I included in the i-129 package. And prior to my meeting him in 2016, he had visited the US in 2010 as a married man. Guess what? He was confronted with this at his interview and denied. Reason? No divorce/death certificate was included in the application. Of course, I couldn't continue with someone who kept such information from me.

[geowrian 22,337]

13 minutes ago, Besamiot said:

That happened to me. Beneficiary never told me about a previous marriage.  He provided a certificate of celibacy that I included in the i-129 package. And prior to my meeting him in 2016, he had visited the US in 2010 as a married man. Guess what? He was confronted with this at his interview and denied. Reason? No divorce/death certificate was included in the application. Of course, I couldn't continue with someone who kept such information from me.

Mhm...it's awful. It pops up quite a few times annually on VJ.

 

Re: "certificate of celibacy", or "certificate of singleness"

And people wonder why they can't just provide one of these as proof they are not married and were not married. They don't prove anything other than there is no record of a marriage by whoever issued the certificate.