I-129F K-1 VISA CRIMINAL HISTORY ( LOW LEVEL OFFENSES AND ONE MISDEMENOUR STILL ONGOING

[marthaduran96 0]

HELLO EVERYBODY,

I hope someone can help me, me and my fiance are doing the k1 visa and in the criminal section we answer yes to if you ever been arrested or cited bla bla for any crime.

My fiance has 2 low level offenses 1 for public intoxication and the other for posession of a marijuana pipe with almost nothing on it. He was never arrested, but cited.

The thing is that this year there was a misunderstanding, he was looking for house with a free sing to pick up things from this home but he went to the wrong house and a neighbour saw him

suspicious. He did not took anything from the house he realized it was not the one, how ever the neighbour call the police and the next day he was cited to appear in court for attempt of theft. This case took place this year and he already had 2 hearings, his third one in november but we want   to submit the k1 visa by the end of august or mid september, as soon as possible.

 

What should we do? wait until he got dismissed by judge? or we can sent the packet and explain what's going on and tell them? 

In the us we are innocent until the countrary is proved

 

Thank you.

[powerpuff 6,705]

Moved from K1 Case Filing and Progress to K1 P&P 

[arken 4,197]

Who is this fiance with the record? The petitioner or the beneficiary?

[EM_Vandaveer 2,408]

10 minutes ago, arken said:

Who is this fiance with the record? The petitioner or the beneficiary?

This. If the fiance with the record is the USC, then it shouldn't be a problem.

[marthaduran96 0]

Sorry for no being specific

THIS IS ON THE PETITIONER SIDE CUS WE ARE FILLIN THE 129F AND CRIMINAL BACKGROUND IS ABOUT HIM 

[powerpuff 6,705]

Duplicate thread removed. Please don’t start multiple threads on similar or same topics, it is considered spamming. Thanks!

[carmel34 3,633]

11 hours ago, marthaduran96 said:

My fiance has 2 low level offenses 1 for public intoxication and the other for posession of a marijuana pipe with almost nothing on it. He was never arrested, but cited.

The thing is that this year there was a misunderstanding, he was looking for house with a free sing to pick up things from this home but he went to the wrong house and a neighbour saw him

suspicious. He did not took anything from the house he realized it was not the one, how ever the neighbour call the police and the next day he was cited to appear in court for attempt of theft. This case took place this year and he already had 2 hearings, his third one in november but we want   to submit the k1 visa by the end of august or mid september, as soon as possible.

 

What should we do? wait until he got dismissed by judge? or we can sent the packet and explain what's going on and tell them? 

In the us we are innocent until the countrary is proved

Yes, in Part 3, questions 4a and 4b, the I-129F petitioner has to disclose any instance of a crime whether cited, arrested, indicted, convicted, fined, or imprisoned, and that is clearly the case for all three examples you shared in your post.  For question 4b, explain everything.  DO NOT leave anything off the form, be completely truthful, as others have been denied for misrepresentation when they were caught in a lie of omission which is serious.  He has to sign the I-129F petition as completely truthful "under penalty of perjury."   In addition to including all details of any prior offenses, attach any evidence to show how the citations were resolved, this would include court records, police records, payment of a fine, dismissal of the case, documents to show that the case is still in the court system, attorney records/correspondence related to any of the cases, etc.  It's up to your fiancé to decide when to send the petition and supporting documents.  He can send everything now if he has the necessary documentation, or wait until after the resolution of the current case for attempted theft.  Either way, disclose everything, including the attempted theft case.  Good luck!

[marthaduran96 0]

11 minutes ago, carmel34 said:

Yes, in Part 3, questions 4a and 4b, the I-129F petitioner has to disclose any instance of a crime whether cited, arrested, indicted, convicted, fined, or imprisoned, and that is clearly the case for all three examples you shared in your post.  For question 4b, explain everything.  DO NOT leave anything off the form, be completely truthful, as others have been denied for misrepresentation when they were caught in a lie of omission which is serious.  He has to sign the I-129F petition as completely truthful "under penalty of perjury."   In addition to including all details of any prior offenses, attach any evidence to show how the citations were resolved, this would include court records, police records, payment of a fine, dismissal of the case, documents to show that the case is still in the court system, attorney records/correspondence related to any of the cases, etc.  It's up to your fiancé to decide when to send the petition and supporting documents.  He can send everything now if he has the necessary documentation, or wait until after the resolution of the current case for attempted theft.  Either way, disclose everything, including the attempted theft case.  Good luck!

Thank you so much!!

Do you think that we will get a RFE for the recent one? He is going to collect his court records today, and also he asked for police records. The only thing that make us worried is the last case he has.

Thanks again!!

[carmel34 3,633]

13 minutes ago, marthaduran96 said:

Thank you so much!!

Do you think that we will get a RFE for the recent one? He is going to collect his court records today, and also he asked for police records. The only thing that make us worried is the last case he has.

Thanks again!!

You may get an RFE but may not.  For Part 3, questions 4a and 4b, include all the details of the recent case as well as the older ones, and attach all documentation to show how the older ones were resolved and the most recent status of the current one.  He should have documentation of the attempted theft citation and whatever court/attorney records to how the case is proceeding.  I would also suggest that he include a letter to explain everything, referring to the documentation attached.

[Xaushin 8]

11 hours ago, marthaduran96 said:

HELLO EVERYBODY,

I hope someone can help me, me and my fiance are doing the k1 visa and in the criminal section we answer yes to if you ever been arrested or cited bla bla for any crime.

My fiance has 2 low level offenses 1 for public intoxication and the other for posession of a marijuana pipe with almost nothing on it. He was never arrested, but cited.

The thing is that this year there was a misunderstanding, he was looking for house with a free sing to pick up things from this home but he went to the wrong house and a neighbour saw him

suspicious. He did not took anything from the house he realized it was not the one, how ever the neighbour call the police and the next day he was cited to appear in court for attempt of theft. This case took place this year and he already had 2 hearings, his third one in november but we want   to submit the k1 visa by the end of august or mid september, as soon as possible.

 

What should we do? wait until he got dismissed by judge? or we can sent the packet and explain what's going on and tell them? 

In the us we are innocent until the countrary is proved

 

Thank you.

You'd get an RFE, but in your situation, I would recommend that you tell USCIS, so you don't get hit with delays.  A lot of vagueness, but if you file before the 2nd case has been settled, the CO will ask about it. USCIS does a federal background check, if it comes up, and you haven't explained, you'll get an RFE to explain. 

 

Every case is different, I can bet, you're not the first person that has had to deal with this type of situation/scenario.