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Filed: Citizen (apr) Country: Brazil
Timeline
Posted (edited)
14 hours ago, Cody Lehr said:

Now I'm reading horror stories about people being denied because they didn't disclose expunged records from decades ago. 

 

I'm worried. Can I amend my original filing? Should I be worried?

The problem here is misrepresentation.  You signed the I-129F as being true and accurate, when it was not.  That is on record.  Whether USCIS accepts a written confession letter, explaining that it was an oversight and disclosing the missing information, is uncertain.  It's probably worth a try, but it will add many months to your process and the outcome is impossible to predict.  As in the @John & Rose case, the problem isn't the seriousness of the undisclosed information, it is the misrepresentation, which is a serious issue.  Once you have lied on a federal form that you signed, they question the truthfulness of everything on the form.  Essentially they don't trust you.  So your options are 1. write and send a confession/apology/correction letter,  2. withdraw the I-129F and submit a new, correct one, or  3. withdraw the I-129F, get married, and submit a CR-1.  I personally would go with #3 because the CR-1 is a far superior visa, and the criminal history of the petitioner is not considered unless it is related to the Adam Walsh Act, which is not your situation.  Good luck!

Edited by carmel34
Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
11 hours ago, Family said:

Assuming that you are the NOA 1 ( your Receipt for Filing Fee..and case is still pending approval, referred to here on VJ as NOA2), just write a Letter titled

“ Supplemental Filing to I-129 F case #xyz / Request for Record Update / Correction” 

Please note I am requesting to amend the I-129 F as follows: page x, part y, item z should be YES. 
My one and only contact with Law Enforcement was in High School on or about day/month/ year ( or approximate date). After an altercation with another student, I was given approximately 2 days of community service which I completed. I was never arrested and never required to appear court or for any procedures and the incident does not appear on my record. 
 

I am uncertain if the incident was handled through the School Disciplinary System or it was ever referred to Juvenile Courts and therefore my initial confusion and I have always believed that I have no criminal record.
Enclosed please find 

1. FBI Records ( it will show u squeaky clean…it’s easy and inexpensive to get , call in your area for places that do Livescan / Prints )

2. Juvenile Court Request for Records ( Google info on getting Juvenile Records in the state u went to school…usually online info is very clear…and will more than like show NO RECORD but no matter what it shows , it will be enough) .”   

 

YOU will be fine, no need to start from zero. 


****Some schools have a student body led “ court” , complete w a supervising/ Judge and deal with disciplinary issues WITHOUT sending the students to Juvenile Court…My 16 year old is a member of just such a body and has handled a few cases ***


 


 

 It might work.  It's worth a try.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted
15 hours ago, Cody Lehr said:

Thank you for your knowledge and advice.

 

I'm going to visit my fiance again in July or October. Would it be faster to refile i129f with included information, or get married overseas and file cr1?

 

Thanks

If you go the CR-1 route then don’t wait until July or a October to get married.  Get married this week, online, using the Utah remote appearance marriage:

 

https://www.utahcounty.gov/dept/clerkaud/PassMarr/RemoteAppearanceFAQ.asp

 

Several VJ members have successfully obtained visas using this method. See 

 

Note you cannot file I-130 until you’ve met in person after the remote appearance marriage service has completed. You will need to provide evidence. 
 

Why you want to get married now versus a October is this thing called Removal of Conditions aka I-751. If you are married less than 2 years when you become a lawful permanent resident (LPR) then you must file I-751 to get  permanent LPR  (aka permanent lawful permanent resident, yes it is a silly as it sounds).  
 

Get married now.  Time entry into USA to be your 2 year wedding anniversary and no I-751 needed.  

Filed: IR-1/CR-1 Visa Country: Gambia
Timeline
Posted (edited)

I agree with them . Doesn’t matter under 18 . I didn’t disclose my child hood charges . Only after 18 it matters unless it a sex crime or something real bad . I wouldn’t even worry about it . Reach out to attorney to be sure . It may be free or cheap just to have a over the phone meeting . I don’t think it matters . No on here is a lawyer .  A assault may be different though . They want make sure 

Edited by Missthanger
Filed: Citizen (apr) Country: Morocco
Timeline
Posted

sorry,  but no where do i see the OP say he was under 18 

maybe i missed that post 

but he still has to mention an arrest and conviction (even if expunged which he can explain)

 

and we have seen cases where a juvenile offense came back to bite someone 

BTW to those of u that think only the immigrant undergoes a background check,  u r wrong

 

 

 

Filed: Citizen (apr) Country: Argentina
Timeline
Posted
11 hours ago, Missthanger said:

No on here is a lawyer .

…. Including you. Your advice could have serious negative impact on someone’s life. Nowhere does it say that under 18 doesn’t count.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

Posted
3 hours ago, JeanneAdil said:

sorry,  but no where do i see the OP say he was under 18 

maybe i missed that post 

but he still has to mention an arrest and conviction (even if expunged which he can explain)

 

and we have seen cases where a juvenile offense came back to bite someone 

BTW to those of u that think only the immigrant undergoes a background check,  u r wrong

 

 

 

In my case the charges were dropped and the arrest was expunged. We never made it in front of a judge. None of that matters. I was wrong by not disclosing and we were denied for a 30 year old expunged arrest. Assault WILL be a problem. 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

Posted
12 hours ago, Missthanger said:

No on here is a lawyer

Including you. People here have been through this process though. I’m not a lawyer but I had to explain to my two K-2s that they are not going to come to the US as planned. That is not something I want to repeat and I don’t want to see anyone else in that situation. 
 

USCIS will approve the petition because they can meet those requirements. USCIS doesn’t issue the visa. So you have to go to the interview. You can witness the beneficiary handing over their passports and being congratulated by the CO. You can be there when the passports get sent back with a 221(g) stating the visa is denied because the petitioner failed to disclose an arrest 30 years earlier that was dropped and expunged. Your thinking is dangerous to others. You can do that with your own petition but don’t tell others to do it. Even lawyers probably wouldn’t be able to do anything in this case. You cannot correct a form that you already swore was complete and correct when you sign it. There is no way to fix it if they decide to pursue the failure to disclose. 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

Filed: Citizen (apr) Country: Argentina
Timeline
Posted
13 minutes ago, John & Rose said:

In my case the charges were dropped and the arrest was expunged. We never made it in front of a judge. None of that matters. I was wrong by not disclosing and we were denied for a 30 year old expunged arrest. Assault WILL be a problem. 

I have been reading your posts today. Binging on them. Oh boy, what a story! But you persevered and in the end, what seemed to be a problem (denial) worked out for the better because the CR1 took almost the same time if not less. Kudos to you and your spouse for being warriors!

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

Filed: K-1 Visa Country: Nigeria
Timeline
Posted
On 4/30/2022 at 2:54 PM, Cody Lehr said:

I filed i129f a few weeks ago.

 

There is a charge for some form of minor assault during highschool. I was questioned but never arrested and didn't ever see a judge, but it was easier to accept community service for a couple days as a punishment instead of fighting it. record was expunged automatically.

 

I have never seen this in any background check, and no employer has questioned it. Even my fiance's relative knows somebody who works in government and did a background check on me (for my fiances safety). They didn't see anything. I was squeaky clean. So I didn't disclose it on my i-129f (but I did tell my fiance about it).

 

Now I'm reading horror stories about people being denied because they didn't disclose expunged records from decades ago. 

 

I'm worried. Can I amend my original filing? Should I be worried? Should I call USCIS? 

 

Thank you. 

If really u have checked nothing show up why are u worry about it free ur mind enjoy ur beer if u drink or coffee stay bless 

Posted
5 minutes ago, Jeffry Hardy said:

If really u have checked nothing show up why are u worry about it free ur mind enjoy ur beer if u drink or coffee stay bless 

Because the database he can see is different than the database the State Department and Homeland have access to. Trust me. Mine is completely clear when checked. State Police even public FBI information is clear. They still knew about it. They also knew I once called the police to report a rape. A neighbor was screaming at 3:00 AM. The police never talked to me but it is on the Federal Crime Database as reporting a felony rape.  They know more about you than you know about yourself. In fact there is a record every time you license plate is run. It is impressive. I have some connections and I asked them to check. Every ticket, every mention. If I search myself I don’t see anything. I know it was there and expunged though. So do the Feds. 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

 
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