Need help for criminal records!

[Mike E 11,739]

4 minutes ago, Marshmallow-e said:

I will discuss with my fiance about this. By the way, do we need to withdraw our k-1 case or just switch to CR-1 directly? 

I would marry, file I-130/I-130A, and then withdraw I-129F.

[Marshmallow-E 3]

1 minute ago, Mike E said:

I would marry, file I-130/I-130A, and then withdraw I-129F.

Thank you! I will also do some research on this!

[W199 333]

8 hours ago, Marshmallow-e said:

Sorry for the late response. I searched on their website and nothing new came up except for those old records I have seen already. We probably need to go to the courthouse to get more information. 

If the records came up in the criminal court as opposed to the family and probate court, then it sounds like it is more than "mental health records", .e.g. not just "medicaL" .. and it likely could be reflected on his FBI record.  But you will know soon enough if/when you get a USCIS RFE.

 

And regarding his drug arrest. They don't just arrest you, charge you, and hold you for several days and then simply let you go.  If they just let him go, then the charges would have had to been dropped, and he would have been very clearly informed of that. Most likely he appeared before a Judge for the arraingment or for getting the charges dropped.  And likely he would have a lawyer, or have been appointment a public defender that would have informed him that the charges are dropped, etc..   It sounds like either he and his family are either totally ignorant, or they are trying to hide something from you.   You need to get a copy of certified court and police papers for the interview. If the embassy finds out, you won't get a K-1 without them, as well the "mental health" records, and his FBI record (especially if you choose a CR-1). 

 

But like I said before, marrying someone with past mental illness issues, and has active and unresolved criminal drug drug issues probably won't end well.  But this is your decision that we all respect .. just go into well informed and get all the above records. Getting the CR-1 is going to protect you as they said before, but on the other hand, you will now be married to someone with drug issues, mental health issues, and may even be in jail by the time the CR-1 gets issued. And living away for 2 years married in this kind of relationship is hard.

 

 

[Marshmallow-E 3]

1 hour ago, W199 said:

If the records came up in the criminal court as opposed to the family and probate court, then it sounds like it is more than "mental health records", .e.g. not just "medicaL" .. and it likely could be reflected on his FBI record.  But you will know soon enough if/when you get a USCIS RFE.

 

And regarding his drug arrest. They don't just arrest you, charge you, and hold you for several days and then simply let you go.  If they just let him go, then the charges would have had to been dropped, and he would have been very clearly informed of that. Most likely he appeared before a Judge for the arraingment or for getting the charges dropped.  And likely he would have a lawyer, or have been appointment a public defender that would have informed him that the charges are dropped, etc..   It sounds like either he and his family are either totally ignorant, or they are trying to hide something from you.   You need to get a copy of certified court and police papers for the interview. If the embassy finds out, you won't get a K-1 without them, as well the "mental health" records, and his FBI record (especially if you choose a CR-1). 

 

But like I said before, marrying someone with past mental illness issues, and has active and unresolved criminal drug drug issues probably won't end well.  But this is your decision that we all respect .. just go into well informed and get all the above records. Getting the CR-1 is going to protect you as they said before, but on the other hand, you will now be married to someone with drug issues, mental health issues, and may even be in jail by the time the CR-1 gets issued. And living away for 2 years married in this kind of relationship is hard.

 

 

 

Hi W199, there is no better way to express my gratefulness for your patience and kindness! Thank you for being so supportive! 

 

Those mental health court records came up under the "Probate or Mental Health" category. If I unselect that option, they won't show up. 

 

I spoke to him and his family again regarding this charge. His family explains that he was let go after a 72-hour hold with the charge dropped or the charge didn't exist in the first place. I don't know if this misunderstanding is caused by his family's ignorance, my lack of knowledge, or maybe both. I googled this 72-hour hold in Minnesota (not sure if it applies to other states). 

 

(e) A person held under a 72-hour emergency hold must be released by the facility within 72 hours unless a court order to hold the person is obtained. A consecutive emergency hold order under this section may not be issued.

 

I have been thinking about our future marriage and what it means to me because this incident has been draining my energy heavily. I am not sure what we are going to do next yet. I feel that both my fiancé and I need a break to recover and figure things out. No matter which way we choose eventually, we are going to get a copy of certified court and police records for this drug possession thing and make things straight. 

 

Also, I saw you mentioned FBI record will be needed even if we choose a CR-1 visa. I did a little research on CR-1 and found out that I-130 doesn't require information for criminal records. Those crimes that will prevent US citizens from petitioning an alien relative fall under The Adam Walsh Act. I really need to do more research on CR-1. 

[W199 333]

Hi,

 

The reason why I said you will need the FBI record if you do a CR-1 was under the context of "your protection". Its because of exactly what you said, "that criminal records, except for AWA crimes are not needed".  Therefore, he will not be required to get and give you a copy of all his court records. Therefore, for your protection, you should ask for his FBI report under the pretence that it will be helpful to know what is in it when applying. 

 

Based on what you said, about the charges being dropped, that is great news.  However, for the K-1 interview you should be prepared with a copy of paperwork in case they ask you about it, that shows dispostion (charges are dropped). Being guilty is not a problem for the K-1, you just can't have it pending and the embassy wants to be sure you are well informed.

 

You should probably take a few days rest to calm down before discussing all this with him, so you not so emotionally influenced by everyone's replies. 

[PeachCream 4]

On 9/6/2023 at 5:36 PM, Marshmallow-e said:

Hello, everyone! My fiance and I are August 2022 K-1 visa filers and our case is still being processed. My fiance was arrested and charged with drug possession a couple of days ago and has been released. Should we send a letter to USCIS now and explain everything or just wait until we get an RFE? Also, I found out that he has some mental health court records as well. Do these count as criminal records? Should we include this information as well? We were stupid and ignorant when we filed and didn't dig deeper into this. And we marked "no" to the part 3 question4.a. Will this be a huge mistake? Please give us some advice! Thanks 😭

From what you’ve shared, you said he’s the petitioner.  When it comes to the application, the medical records and the police records that are looked at, are the ones belonging to the beneficiary. If you the beneficiary had those issues; it would be problematic. 

[Marshmallow-E 3]

7 hours ago, W199 said:

Hi,

 

The reason why I said you will need the FBI record if you do a CR-1 was under the context of "your protection". Its because of exactly what you said, "that criminal records, except for AWA crimes are not needed".  Therefore, he will not be required to get and give you a copy of all his court records. Therefore, for your protection, you should ask for his FBI report under the pretence that it will be helpful to know what is in it when applying. 

 

Based on what you said, about the charges being dropped, that is great news.  However, for the K-1 interview you should be prepared with a copy of paperwork in case they ask you about it, that shows dispostion (charges are dropped). Being guilty is not a problem for the K-1, you just can't have it pending and the embassy wants to be sure you are well informed.

 

You should probably take a few days rest to calm down before discussing all this with him, so you not so emotionally influenced by everyone's replies. 

 

Thank you for this explanation! 

[Marshmallow-E 3]

6 hours ago, PeachCream said:

From what you’ve shared, you said he’s the petitioner.  When it comes to the application, the medical records and the police records that are looked at, are the ones belonging to the beneficiary. If you the beneficiary had those issues; it would be problematic. 

 

That totally makes sense to me! Thank you for the reply!

[Mello3 35]

On 9/7/2023 at 11:05 AM, W199 said:

If the records came up in the criminal court as opposed to the family and probate court, then it sounds like it is more than "mental health records", .e.g. not just "medicaL" .. and it likely could be reflected on his FBI record.  But you will know soon enough if/when you get a USCIS RFE.

 

And regarding his drug arrest. They don't just arrest you, charge you, and hold you for several days and then simply let you go.  If they just let him go, then the charges would have had to been dropped, and he would have been very clearly informed of that. Most likely he appeared before a Judge for the arraingment or for getting the charges dropped.  And likely he would have a lawyer, or have been appointment a public defender that would have informed him that the charges are dropped, etc..   It sounds like either he and his family are either totally ignorant, or they are trying to hide something from you.   You need to get a copy of certified court and police papers for the interview. If the embassy finds out, you won't get a K-1 without them, as well the "mental health" records, and his FBI record (especially if you choose a CR-1). 

 

But like I said before, marrying someone with past mental illness issues, and has active and unresolved criminal drug drug issues probably won't end well.  But this is your decision that we all respect .. just go into well informed and get all the above records. Getting the CR-1 is going to protect you as they said before, but on the other hand, you will now be married to someone with drug issues, mental health issues, and may even be in jail by the time the CR-1 gets issued. And living away for 2 years married in this kind of relationship is hard.

 

 

 

Another alternative is that they arrested him, charged him and then bail was set but he didnt have the money for bail or a bail bondsmen to get out. A few days later he or someone else may have come up with the money for the bail boindsman. Either way there is more "there" there. IMO

[Mello3 35]

On 9/6/2023 at 2:36 PM, Marshmallow-e said:

Hello, everyone! My fiance and I are August 2022 K-1 visa filers and our case is still being processed. My fiance was arrested and charged with drug possession a couple of days ago and has been released. Should we send a letter to USCIS now and explain everything or just wait until we get an RFE? Also, I found out that he has some mental health court records as well. Do these count as criminal records? Should we include this information as well? We were stupid and ignorant when we filed and didn't dig deeper into this. And we marked "no" to the part 3 question4.a. Will this be a huge mistake? Please give us some advice! Thanks 😭

The mental health records I do not believe are releasable under HIPPA rules regarding medical records. 

[Mello3 35]

On 9/6/2023 at 4:41 PM, Marshmallow-e said:

 

Hi, that's what I am confused about. I spoke to his family and they said he was just let go. They didn't give him any papers. I checked the public records and saw his charge. There isn't much helpful information. State of charge, bail information, and court appearance are all left blank. 

Hmmm everything left blank could indicate that he was released on PR (Personal Recognizance) did you see 30.01 anywhere on the records you saw?

Edited September 11, 2023 by Mello3

[Marshmallow-E 3]

40 minutes ago, Mello3 said:

Hmmm everything left blank could indicate that he was released on PR (Personal Recognizance) did you see 30.01 anywhere on the records you saw?

 

Hi, this is the screenshot from the jail roster, I didn't see "30.01".

 

Also, I want to make a quick update here. We got an "RFE" a couple of days ago and the mail hasn't arrived yet. We ran an FBI background check on the petitioner as well, the report does include this drug thing. But there is no information about the court. I am concerned that he will get a charge later from the court. His family believe that he was "on hold". I don't really understand what that means to be honest. 

 

As for these mental health court records, they didn't show in the FBI report. I saw this from HHS. Maybe it can explain it to some degree. 

"A HIPAA-covered health care provider or health plan may share your protected health information if it has a court order. This includes the order of an administrative tribunal. However, the provider or plan may only disclose the information specifically described in the order. "

[Marshmallow-E 3]

Here is the FBI report regarding this drug possession charge. Any helpful information here? Should we expect a charge from the court in the next few months? We haven't got the certified court records and police records done but should have them this week. 

 

[Mello3 35]

18 minutes ago, Marshmallow-e said:

Here is the FBI report regarding this drug possession charge. Any helpful information here? Should we expect a charge from the court in the next few months? We haven't got the certified court records and police records done but should have them this week. 

 

is the arrest date the same for both of these charges?

[Marshmallow-E 3]

1 minute ago, Mello3 said:

is the arrest date the same for both of these charges?

 

Yes, they are the same. All the dates in this screenshot are the same. I hide them for privacy reasons only.