I-129F Criminal History Questions

[EM_Vandaveer 2,408]

3 hours ago, RickFlair said:

Attorney told me that Nevada has the best record sealing in the country because the state sends a letter to the FBI to request total destruction of the fingerprints and records.  I then later received letter from FBI saying it was "destroyed" at the FBI level.  I have been told before that the FBI can see sealed and expunged records.  However, I have since taken 3 different fingerprint checks with the FBI and all were completely empty.  However, let's say I put the arrest on the I-129F...

What if the courts tell me they have no record of the arrest and they tell me they will not write me a certified letter stating there are no records?  That is very possible.  They may tell me the only thing I can do is conduct a background check on myself at the state level.  However, I doubt that will be considered "certified".  Then I am in a position where I have mentioned the arrest on the I-129F but not provided the paperwork they want to see regarding the arrest.  Then I could be denied for that reason, insufficient certified paperwork pertaining to an admitted arrest.

Whether you like it or not, DHS does and will see it. It seems you want to hear this advice: "lie to the government & it will be fine".

2 reasons you will not get this advice here:

1) it's against the TOS of this site

2) it's bad advice,

[Rocio0010 5,579]

1 hour ago, RickFlair said:

I was also cited for being in a park 5 minutes after closing time about 15 years ago.  I went to court to fight it, the officer didn't show up, so the ticket was dropped.  Am I also going to have to try and dig that up?  And what about a littering ticket I also received nearly 15 years ago?  Dig that up to?  This is so ridiculous.  They should just be concerned with serious or violent offenses.

If you don’t disclose them, in the future you’re going to be the one concerned about delays/ denials. No less than three people have told you to disclose your arrests, but you seem reluctant, so do what you think is best for your situation I guess. 

[RickFlair 7]

13 minutes ago, Rocio0010 said:

Not trying to be mean or condescending, but English is my second language and I don’t know how else to say it, but if you can’t figure this basic question, then this is not a DIY for you (especially with your previous arrests). Good luck!

I can tell you haven't been paying attention.  The arrests are meaningless.  The only issue is understanding government paperwork.  I believe your problem may be that English is not your first language.  If someone with common sense wrote the instructions, they would clearly indicate in the text that the arrest questions are for the petitioner, instead of simply putting them directly after the beneficiary section and not labeling it as for the petitioner.... which is exactly what they did.

Edited August 7, 2022 by RickFlair

[RickFlair 7]

14 minutes ago, EM_Vandaveer said:

Whether you like it or not, DHS does and will see it. It seems you want to hear this advice: "lie to the government & it will be fine".

2 reasons you will not get this advice here:

1) it's against the TOS of this site

2) it's bad advice,

A lot of assumers in here.  My goal is only to understand the reality of the situation.  This is not easy.  Try calling 10 different lawyers and ask them about sealed and expunged records.  You will notice the varied responses.  So which of the 10 lawyers is correct? That is the problem.

[SalishSea 17,818]

Just now, RickFlair said:

A lot of assumers in here.  My goal is only to understand the reality of the situation.  This is not easy.  Try calling 10 different lawyers and ask them about sealed and expunged records.  You will notice the varied responses.  So which of the 10 lawyers is correct? That is the problem.

You’d be wise to read the story of @John & Rose before doing something that could potentially cost you thousands of dollars extra, and years of delay.

[Rocio0010 5,579]

10 minutes ago, RickFlair said:

can tell you haven't been paying attention

No, it’s not me who hasn’t been paying attention. It’s you. If you read the instructions on the I-129f, it says right on the beginning: 

I-129F, Petition for Alien Fiancé(e)

Use this form to petition to bring your:

• Fiancé(e) (K-1) and their children (K-2) to the U.S. so you may marry your fiancé(e)

Therefore, if you don’t/ can’t read the instructions carefully, then this is not something you should be doing on your own. Just to give you an example, my husband and I adjusted my status in the US from an F1 student visa. We worked on the forms for about a month. At first, reading instructions. Then, doing a draft of them. Finally, we asked questions in here. DIYing takes a lot of time and effort, which if you can’t do, I advise to use an attorney. 

10 minutes ago, RickFlair said:

If someone with common sense wrote the instructions, they would clearly indicate in the text that the arrest questions are for the petitioner,

That’s what you’re missing. Thousands of YouTube videos show you how to fill out these forms successfully. It might not be clear from the instructions, but there are other resources. 
and just to piggy back on this, the text about who files I-129 f is right at the very beginning. Then on page six the instructions that that YOU (the person filing that form) has to disclose criminal information, so it is pretty clear that this is the petitioner’s criminal history.

 

Now, going back to your question whether to disclose something that is expunged, and records destroyed, well… again, the instructions say you have to disclose it. I am always of the idea of being honest in your forms, and then you can explain your situation with as much clarity as possible. You can even try to include dates (as much as you can remember) about the possible incident, and do another background check. That should bring you peace of mind that at least you are not going to be seen as concealing information.

Edited August 7, 2022 by Rocio0010
Read I-129f instructions

[EM_Vandaveer 2,408]

13 minutes ago, RickFlair said:

A lot of assumers in here.  My goal is only to understand the reality of the situation.  This is not easy.  Try calling 10 different lawyers and ask them about sealed and expunged records.  You will notice the varied responses.  So which of the 10 lawyers is correct? That is the problem.

Any lawyer who tells you to lie on a government form is not worth following their advice, the form asks for ANY arrest, not just non-expunged arrests.

[Rocio0010 5,579]

2 minutes ago, EM_Vandaveer said:

Any lawyer who tells you to lie on a government form is not worth following their advice, the form asks for ANY arrest, not just non-expunged arrests.

Or they want you to get in trouble so that you’re forced to hire them….

[RickFlair 7]

23 minutes ago, EM_Vandaveer said:

Any lawyer who tells you to lie on a government form is not worth following their advice, the form asks for ANY arrest, not just non-expunged arrests.

The court sent me documentation stating that I can "legally deny the arrest ever happened".

[RickFlair 7]

37 minutes ago, Jorgedig said:

You’d be wise to read the story of @John & Rose before doing something that could potentially cost you thousands of dollars extra, and years of delay.

I would like to read that. Do you know the title of the post their story is contained in?  Thank you.

[Rocio0010 5,579]

2 minutes ago, RickFlair said:

I would like to read that. Do you know the title of the post their story is contained in?  Thank you.

Give me  minute and I’ll tag you.

[Rocio0010 5,579]

5 minutes ago, RickFlair said:

I would like to read that. Do you know the title of the post their story is contained in?  Thank you.

I found the thread. It’s a little bit longer, but this is the post where he explains why they were denied:

 

 

[RickFlair 7]

9 minutes ago, Rocio0010 said:

I found the thread. It’s a little bit longer, but this is the post where he explains why they were denied:

 

 

Thank you for that.  However, the issue is that his arrest was for battery, which of course is something to be concerned about.  Possession of controlled substance and unpaid speeding tickets are not.  Also, I very seriously doubt he received a letter from the FBI, as I did, that "the fingerprint records have been destroyed in compliance with the state's recommendation, and you may legally deny the arrest occurred."  The letter from FBI literally said I can deny the arrest occurred.  Also, if he were to do a FBI fingerprint check, his expunged record will very likely show.  My FBI fingerprint checks reveal no records.  Sealing and expungement are terms that people throw around and think they understand, but the reality is that every state has their own definition of what sealing and expunging means and they can vary dramatically.  Anyways, I will reveal my arrests and provide whatever proof of "no record" I can find.  There is a small chance that DHS has some kind of super database with all arrest records in history.  I doubt it, but it is possible.  So I will just go ahead and list everything. 

Edited August 7, 2022 by RickFlair

[Rocio0010 5,579]

8 minutes ago, RickFlair said:

the issue is that his arrest was for battery, which of course is something to be concerned about.  Possession of controlled substance and unpaid speeding tickets are not.

That’s not on you to decide.

 

I’ll @John & Rose tell you what they did to overcome the issue and what documents he had to submit.

[MarJhi 959]

5 hours ago, RickFlair said:

What if the courts tell me they have no record of the arrest and they tell me they will not write me a certified letter stating there are no records?  That is very possible.  They may tell me the only thing I can do is conduct a background check on myself at the state level.  However, I doubt that will be considered "certified".  Then I am in a position where I have mentioned the arrest on the I-129F but not provided the paperwork they want to see regarding the arrest.  Then I could be denied for that reason, insufficient certified paperwork pertaining to an admitted arrest.

I think you've made up your mind that lying by omission is a solid strategy. You don't have to convince anyone on here that's a good idea, we aren't handling your petition. In spite of your attempts to rationalize this I think it's a terrible idea, but you go ahead and do what it appears you're determined to do.