HELP!!! Got An RFE for my I-129F Visa, Wants Proof of Criminal Past (Have Clean Record)

[Claretherese79 0]

My I-129F case was received by USCIS May 2023. I mistakenly forgot to check the box stating that there isn't any criminal history. (Part 3, 4a).

I got a RFE (RE: My Brazilian Fiancé's Name) so I've had him get a copy of his federal record which states that he has no conviction within the last month, although he doesn't have a criminal history of any kind. I've had it translated and notarized by a certified translator and will be adding a clean record for myself which will be provided by the FBI after I submit my fingerprints to pull any records. (I also have a clean record.) 

 

Has anyone else had the same happen to them and have their case approved? What's the best way to give as much information as possible that will be give an approval? I'm feeling totally overwhelmed and nervous about making sure I do it all right. No more mistakes.

 

[Lee Thacket 29]

The I-129F petition is more about YOU not your fiancé. The usual procedure is that he will be asked to provide details of his criminal record at his interview.

 

Can you just send back a properly completed form with a covering letter apologising for the error?

[powerpuff 6,697]

*** Topic moved from Progress Reports to Process & Procedures ***

[alliejourney 61]

I had an RFE for the same thing - I had simply forgotten to check the "no" box on question 2B. All I had to do was check "no" on the letter they sent me and send it back. When there's no criminal record to be found, you can't really submit proof of a negative. I just checked "no", sent the letter back, and then my case was approved less than a month later. 

[Lee Thacket 29]

17 minutes ago, alliejourney said:

I had an RFE for the same thing - I had simply forgotten to check the "no" box on question 2B. All I had to do was check "no" on the letter they sent me and send it back. When there's no criminal record to be found, you can't really submit proof of a negative. I just checked "no", sent the letter back, and then my case was approved less than a month later. 

Well done. That's good news. The I-129F asks for the addresses of the petitioner since the age of eighteen. So presumably they could check criminal history if they had any concerns?

[alliejourney 61]

13 minutes ago, Lee Thacket said:

Well done. That's good news. The I-129F asks for the addresses of the petitioner since the age of eighteen. So presumably they could check criminal history if they had any concerns?

I would assume so. Plus, fiance has to get a police certificate for his medical panel/visa interview, so that will also prove a clean record. 

[J.M. 230]

17 hours ago, Claretherese79 said:

RE: My Brazilian Fiancé's Name

This is likely just referencing the petition, not actually asking for the beneficiary's criminal record.  Maybe his background check will still be valid when interview times rolls around.  That's when he will need it.  As others have said, they are just asking you to check the correct box on the RFE so the form will be accurately filled out.  If you can check NO, then no need for any police records.

[SalishSea 17,818]

Are you sure it’s asking for the foreign fiancé’s criminal record?   In all my years on VJ, I’ve never seen that during the petition phase.   
 

What is the wording in the RFE?  It is very important to read it carefully and respond appropriately to what they’re requesting, otherwise they can just deny it.

[Faith Ekpu 0]

On 2/20/2024 at 8:28 AM, Claretherese79 said:

My I-129F case was received by USCIS May 2023. I mistakenly forgot to check the box stating that there isn't any criminal history. (Part 3, 4a).

I got a RFE (RE: My Brazilian Fiancé's Name) so I've had him get a copy of his federal record which states that he has no conviction within the last month, although he doesn't have a criminal history of any kind. I've had it translated and notarized by a certified translator and will be adding a clean record for myself which will be provided by the FBI after I submit my fingerprints to pull any records. (I also have a clean record.) 

 

Has anyone else had the same happen to them and have their case approved? What's the best way to give as much information as possible that will be give an approval? I'm feeling totally overwhelmed and nervous about making sure I do it all right. No more mistakes.

 

Have you been approved?