K3 Visa question - Form I129F

[Reynal2m 7]

Good morning VJ,

 

I hope this message finds you well.

 

I have an inquiry about a section of form I129F. My partner's record was expunged from a case, and while he has some documents, he's unsure which ones to include with his I129F form. Could you kindly provide guidance on which documents should be included?

 

 

Please see an image of the documents he has in his possession:

1- 

 

2- 

 

3- 

 

Thanks in advance for all your help.

 

Regards,

 

 

[Boiler 45,458]

He did not keep any of the documentation relating to the original proceedings?

 

Did he use a Lawyer, would they have something?

[Family 3,988]

The 2001 doc indicates case in criminal Div , while the 2008 shows case being  ‘open expunge ‘ is in traffic ..are case number the same on both docs?

 

By looks of it , records were unsealed specifically for DHS/ immigration purposes. He cleared that hurdle be it winning in removal or naturalization, so no big worries. 
 

He should run his own FBI prints to show any arrests, make a request now to Miami Dade Court for sentencing minutes/disposition , even though it will. come back No Record. Attach the copies in your post with a SHORT description.

[Reynal2m 7]

19 minutes ago, Family said:

The 2001 doc indicates case in criminal Div , while the 2008 shows case being  ‘open expunge ‘ is in traffic ..are case number the same on both docs?

Thanks for the reply.

 

Yes, all these documents share the same case number. The document from 2008 states: Division: Traffic/Misdemeanor. My partner mentioned to me that his case falls under the Misdemeanor category.

[Reynal2m 7]

38 minutes ago, Family said:

By looks of it , records were unsealed specifically for DHS/ immigration purposes. He cleared that hurdle be it winning in removal or naturalization, so no big worries. 
 

He should run his own FBI prints to show any arrests, make a request now to Miami Dade Court for sentencing minutes/disposition , even though it will. come back No Record. Attach the copies in your post with a SHORT description.

So essentially, he has to request the sentencing and minutes/disposition from the Miami Dade Court and attach a copy of the "No Record sheet" along with all the documents mentioned above?

 

Thanks again.

[Reynal2m 7]

49 minutes ago, Boiler said:

He did not keep any of the documentation relating to the original proceedings?

 

Did he use a Lawyer, would they have something?

There are two additional documents with extensive handwritten notes; he believes they are the police report, although the writing on the documents is difficult to decipher. These papers describe the situation as it was at that time.

 

He had a lawyer.

 

 

[Boiler 45,458]

The K3 does not really matter but it will for the DS260, so he should assemble everything he can, never a good idea to have a case expunged in these circumstance but too late now.

[Reynal2m 7]

4 minutes ago, Boiler said:

The K3 does not really matter but it will for the DS260, so he should assemble everything he can, never a good idea to have a case expunged in these circumstance but too late now.

Alright. I suppose, given that the K3 will likely be denied. Therefore, should he simply indicate "Yes" for question 4.a, offer a brief explanation of what the situation was, and submit the aforementioned documents?

 

Regards,

[Redro 4,611]

2 hours ago, Reynal2m said:

Alright. I suppose, given that the K3 will likely be denied. Therefore, should he simply indicate "Yes" for question 4.a, offer a brief explanation of what the situation was, and submit the aforementioned documents?

 

Regards,

Are the records for the USC or the beneficiary? 
And when was the I130/I130a submitted? 

[Reynal2m 7]

18 minutes ago, Redro said:

Are the records for the USC or the beneficiary? 
And when was the I130/I130a submitted? 

Records are for the USC. Beneficiary has never been arrested.

 

I-130 is not yet submitted and is expected to be submitted before April 1st.

[Redro 4,611]

2 hours ago, Reynal2m said:

Records are for the USC. Beneficiary has never been arrested.

 

I-130 is not yet submitted and is expected to be submitted before April 1st.

So you don’t have to worry about the records for DS260. These records only matter if you file the I129F for K3.

Im sure you’re aware you need to file the I130/I130a BEFORE you mail in the I129F because you need to include I130 receipt. Personally, I’ve not seen a lot of successful K3s pushing the I130 to approval… and the most successful ones have been when the I130 was at Potomac AND the I129F was filed after a month…. But, the K3 hack doesn’t always work. So, if filing the petition is being delayed because you don’t have the documentation for I129F I personally wouldn’t delay any longer. 
 

ETA good luck I wish you a speedy approval. 

Edited March 19 by Redro

[Reynal2m 7]

Good morning,

 

Firstly, I want to express my gratitude to all of you for your assistance.

 

My partner discovered another page in his file, a document titled "Complaint Arrest/Affidavit." On the back of the document, there is a seal, as shown in the image below, which reads: "Nolle Prosequi."

 

 

 

He also came across a copy of his N400 form and how the lawyer completed this section. I assume we need to fill out the I129-F in the same manner.

 

 

Thanks again.

 

 

Edited March 20 by Reynal2m