I129f - Criminal Information

[Nikobe 129]

Dear all,

 

my fiancé and I are working on our I129F. As we do not want to involve a lawyer, we stumbled across this forum and I hope you can help us out.

Most of the information is very straightforward, however, we have some trouble filling out Part 3 in relation to the Petitioner's Criminal Information. 

 

The Petitioner in this case was arrested for retail theft which was later reduced to a noise violation and sealed. Therefore, we cannot get any court certified records. Additionally, the Petitioner was convicted of an absolute sobriety and underage drinking for which we have court certified records.

 

Could you help us out in which part the criminal records need to be listed? We assume these fall under 4 (a) and therefore, we need to provide further information under 4 (b). How do we deal with the sealed offense described above? Do we just describe it without providing further records (while describing that it was sealed?)?

 

Thanks a lot in advance!

[Chancy 6,243]

4 minutes ago, Nikobe said:

How do we deal with the sealed offense described above? Do we just describe it without providing further records (while describing that it was sealed?)?

 

Follow the suggestions in the thread below --

 

 

[Crazy Cat 42,046]

41 minutes ago, Nikobe said:

Dear all,

 

my fiancé and I are working on our I129F. As we do not want to involve a lawyer, we stumbled across this forum and I hope you can help us out.

Most of the information is very straightforward, however, we have some trouble filling out Part 3 in relation to the Petitioner's Criminal Information. 

 

The Petitioner in this case was arrested for retail theft which was later reduced to a noise violation and sealed. Therefore, we cannot get any court certified records. Additionally, the Petitioner was convicted of an absolute sobriety and underage drinking for which we have court certified records.

 

Could you help us out in which part the criminal records need to be listed? We assume these fall under 4 (a) and therefore, we need to provide further information under 4 (b). How do we deal with the sealed offense described above? Do we just describe it without providing further records (while describing that it was sealed?)?

 

Thanks a lot in advance!

It's always good to thoroughly read the instructions.  You need the records or a statement from the source.

 

https://www.uscis.gov/sites/default/files/document/forms/i-129finstr.pdf

[Nikobe 129]

Indeed and thank you.

The instructions are not so clear on 4(a)/4(b) though.

 

While for 1-3(c), the instructions say the below, the Italic part is deleted for 4(a)/(b), which makes kind of difficult to understand the necessity of going through the process of unsealing. I guess it is better to be safe rather than sorry in terms of documentation.

 

"You must submit court certified copies of the arrest record and/or disposition for each incident unless you submit a certified statement from the court indicating that no record exists of your arrest, citation, charge, indictment, conviction, fine, or imprisonment. You must do so even if your records were sealed, expunged, or otherwise cleared, and regardless of whether anyone, including a judge, law enforcement officer, or attorney, informed you that you no longer have a criminal record."

 

[Crazy Cat 42,046]

4 minutes ago, Nikobe said:

unless you submit a certified statement from the court indicating that no record exists of your arrest, citation, charge, indictment, conviction, fine, or imprisonment.

That is what I would do....