Her Father and My Arrests

[PenguinS 0]

Hello,

I've very new to everything, and I've been working on the K-1 visa form and gathering documents that I know to be needed.  I have some questions though, and my research for these answers haven't quite hit that marks.  So if you will please help me with this, I would very much appreciate it.  I want to be as thorough as possible with everything because this is so important to us.  Please forgive me for my bluntness.

 

Major questions:

1.   Part 2 - 24.a.-33.b. -- Her Father - her situation is one of those where her parent's split at a very young age, then her mother maliciously kept her father away.  We know next to nothing about him other than his name (which I have my own doubts as to the validity of what her mother said it was).  He died almost 20 years ago.  Both my fiance and I have researched anything we can about him e.g. birth/death/marriage certificates, grave yard and tombstone records, and/or anything with his name in it (ancestry.com has been no help).  Everything that comes back doesn't fit his demographics.  There is so much unknown information; what do I put in the fields for her father?

 

2.   Part 3 - 4.a,4.b.,&5.d. -- I have 2 arrests (I'll list the details below); one in 2011 and the other in 2017 - both of which I got a lawyer for and never had to go to court.  In 2020, I had a background check done for employment, and it only came back with the 2011 arrest.  So, on 4.a. I feel I should mark "Yes"; however, on 4.b. (also Part 8. Additional Information), I don't know if I should list both arrests.  I'm not sure if what the background check came back with is what I should go by or not, so I'll put the details below.  Btw, besides the background document, I have paperwork of the arrests such as lawyer correspondence, bail bonding, pink carbon copies from the court, letters, and receipts.  How should I answer these?

      2011 Arrest:  Charges - (all misdemeanors) malicious mischief under $500, trespassing, and public drunk.  So this was a church I broke into then out of while suffering a concussion after a totaling motor vehicle accident.  The more important thing is that we (parents and I) got together with the church and agreed we would pay for the damages, and the church dropped the charges.  I attended the next service to fully apologize to the reverend still fresh injuries and all.

     2017 Arrest:  Charge - Simple assault.  This one is simply a mess for many reasons.  The victim of the alleged assault was my super possessive and emotionally unstable girlfriend at the time.  I could go into many details on this, but the short and sweet of it is that she immediately paid money to have the charge withdrew and dropped.  I may not have even needed a lawyer for this, but a piece of mind when someone tries to frame you has no price.

 

Minor question:

Part 2 38.a.-38.h -- She just got her passport, but has never traveled out of Canada - we are working on to see about her flying here soon to visit if possible.  Do I need to fill these out?

 

 

Again thank you.  It means a lot to us.  Please let me know what I should do.

PenguinS

[Crazy Cat 42,062]

1.  "Unknown" is an acceptable answer.

2.  I would fully disclose all information about ALL arrests, and I would submit all required documents.  Failure to do so could result in a denied case (as has happened here on VJ).

3.  Read the instructions for Part 2, items 38a-38h.  The words CURRENTLY IN THE UNITED STATES are the key . 

Edited April 22, 2021 by Lucky Cat

[PenguinS 0]

1.  Wow, I never thought that could have been an answer.  That takes a lot of stress out of that.

2.  All right.  As I said earlier, I have all these documents about them.  Somewhere I read something about "certified documents", would the things I've described earlier be those?  I just want to be sure.

3.  Right.  Again making sure.  The oddness of some of the wording in the document makes me unsure about other, more obvious, stuff.

 

 

Thank you very much, Lucky Cat!

[Scott-Ilyn 82]

1 hour ago, PenguinS said:

2.  All right.  As I said earlier, I have all these documents about them.  Somewhere I read something about "certified documents", would the things I've described earlier be those?  I just want to be sure.

When I saw the word certified, I took it mean that I should go to the county courthouse and obtain copies from them with the county seal on them.  I'm not sure if that was overkill or not,  Nevertheless, they were easy enough to obtain.  Others on the forum may have some feedback on this particular item which I would love to hear.

[PenguinS 0]

Update:  *This is for the 2011 arrest*  I called up the circuit clerk in my county because I'm pretty close with them from helping with elections for years.  They put me through to the justice court where I would actually need to get the documents from.  After some dialogue I said to the lady that I have these pink carbon copies with the heading saying "Uniform Justice Court Case Criminal Record.  Pearl River County Justice Court" at the top.  It shows the charge, and also not guilty hand marked with a big X.  Also has the seal down at the bottom, but its kinda faded now.  She said theses (there's 6 pages) are the certified documents.  They have the white copies.  Seems to be the committer gets the pink copies.

 

The 2017 arrest also has a sheet with the charge and that the charge was withdrawn, but it says "Abstract of Court Record" at the top, but a seal at the bottom...page is white.  A further document in this file has a correspondence letter from my lawyer asking the court for an actual copy of judgement from the court that I don't have.  I left a message with this lawyer's records person to call me back mostly because this arrest happened kind of far away.

[PenguinS 0]

Maybe last update:  for the 2017 arrest.  The "Abstract of Court Record* is the certified document I need.  No other documents exist on the matter after that.  I hope this search helps whom ever the in future, and good luck.

[hopefullhusband 1]

From personal experience. Go to the court house and ask for any documents available(and notarized). 
 

i just had an RFE for a charge from 20 years ago which was later expunged. Fortunately our application was just approved 5/24/2021. 
 

give all the information you can. I also assumed the background checks would be enough. I disclosed the charges and wrote out to the best of my recollection what happend.  It was not. Hence the RFE. 
 

The RFE specifically asked for documents from the court for any charges listed on our application. 
 

and if no documents were available; something from the court saying no documents available and a notarized letter with your official statement with as much info as you can give. 
 

remember it is asking what have you been charges with, not what have you been convicted of. 
 

best of luck and remain hopeful!!