Just Discovered Old Case (Not Disclosed on 129-F

[Mello3 35]

I posted this in a differend area but didnt get a response so forgive me for the report but I need some advice. Prior to filing my 129-f I knew that I had 2 things on my record from the many times I have had to request background checks over the years. 

 

1. For a bounced check in the 90's

2. For what I thought was for a incident in walmart that was ultimately dismissed from 2008

 

I disclosed both on my 129-f because on my FBI background check it only provided the case number and limited info and I just assumed that was what they were for this whole time. I have never been denied anything from firearm purchases to police clearances to state licenses. I went to both the police departments and the courts and after both essentially sending me back and forth claiming to no longer hold records of dismissed cases over 10 years old. So I filed my 129-f and thought I was fine by sending a certified letter from the court sayign that they no longer have those records.

 

Just trying to cover my bases I (months ago) requested the actual police report (it took FOREVER) and just got it back and as it turns out the 2nd one is a totally different case. I was never arrested but they gave me a ticket (cited me) to appear in court for criminal damage. It was a domestic incident (ex trying to get custody) and the judge dismissed the charge and I ultimately got full custody because my ex has an extensive criminal history and drinking problem. Leading up to the divorce she has at least twice tried to claim domestic violence that I was never arrested for, cited or charged with. I just went to the court the next business day and they were dismissed as nonsense. I have the court record dismissals as well but I never disclosed these because they was never a case, never an arrest and sumarily dismissed as soon as I showed up in court. These were civel and I treated it as such. The judge always explained they have to give the order and err on the side of caution whenever someone shows up requesting one. 

 

My concern is that I never disclosed the incident where I was charged with criminal damage, the case was never in criminal court. I didnt even know there was a charge written up because I went to family court, they address/focused on the custody issue and immediately dismissed the criminal damage charge. In fact they never brought it up.

 

On the form I focused on the words arrested, charged, jailed, etc and completely missed the word "cited" I am now feeling pretty confident that this conflicting information is going to come up and I am not sure what to do.

 

Should I try to amend my application? I only submitted it in August 2022

Should I just wait until they ask and then provide the updated information and corrected application? 

Can we ammend application information prior to review? 

 

I just want to be completely transparent and do not want to cause unnecessary delays. We have the NOA 1 but I want to try to do anything I can to fix this as soon as possible or reasonable. 

[TBoneTX 44,891]

Unanswered duplicate thread has been removed.  Please avoid starting duplicates; instead, bump the existing thread.  Thanks.

 

VJ Moderation

[Mike E 11,735]

With urgency do this,
 

1. Inform your fiancé(e)

 

2. Draft new letters of intent to marry with new dates. Your fiancé (e)’s letter should acknowledge awareness of this newly discovered criminal history 
 

3. Send unsolicited  evidence immediately  after step 2.  Include:

 

* cover letter  

* copy of I-129F receipt 

* copy of criminal  record

* copy of each new intent to marry letter

In case this new evidence doesn’t get recorded by USCIS, your fiancé(e) should have a copy of the unsolicited evidence for the interview.  If  the embassy requires K-1s to send evidence separately before the interview (whether post, email, or upload), then include this new I-129F evidence 

Edited November 3, 2022 by Mike E

[Mello3 35]

2 hours ago, Mike E said:

With urgency do this,
 

1. Inform your fiancé(e)

 

2. Draft new letters of intent to marry with new dates. Your fiancé (e)’s letter should acknowledge awareness of this newly discovered criminal history 
 

3. Send unsolicited  evidence immediately  after step 2.  Include:

 

* cover letter  

* copy of I-129F receipt 

* copy of criminal  record

* copy of each new intent to marry letter

In case this new evidence doesn’t get recorded by USCIS, your fiancé(e) should have a copy of the unsolicited evidence for the interview.  If  the embassy requires K-1s to send evidence separately before the interview (whether post, email, or upload), then include this new I-129F evidence 

Thank you. We were speaking about htis last night and not sure which route to go and she was concerned that we would have to cancel and start over and how that would look. When you reference "copy of 129-f"" do you mean the updated version to include the new information?

[Mike E 11,735]

12 minutes ago, Mello3 said:

 . When you reference "copy of 129-f"" do you mean the updated version to include the new information?

you  are misquoting me. I wrote copy of “I-129F receipt” aka NOA1.  
 

  If you lost it, then reference the I-129F case number in the cover letter.  
 

If you haven’t  received the receipt, then you are on pause.  

[Mello3 35]

53 minutes ago, Mike E said:

you  are misquoting me. I wrote copy of “I-129F receipt” aka NOA1.  
 

  If you lost it, then reference the I-129F case number in the cover letter.  
 

If you haven’t  received the receipt, then you are on pause.  

ahhh sorry, no I have it. Thank you So I do not need to rewrite or send an amended version?

[Mike E 11,735]

2 hours ago, Mello3 said:

ahhh sorry, no I have it. Thank you So I do not need to rewrite or send an amended version?

I would not.