Petitioner was arrested when he was 16. Do we have to mention it in i-129f? The documents

[kokonoei 0]

Hello. My fiance and I are working on the first process of k1 visa. We are filling up the form but we have some questions. My fiance (the petitioner) was arrested when he was 16. He was arrested because of the conflict between him and his dad. However the judge counted it as domestic violence amended to disorderly conduct.  And the case was sealed already. My question is what do we have to do with this record? Do we have to mention it in the i-129f? If yes, in which question, in Part3. Item number 2b or 4a? And what documents must we give to the USCIS. Since the case was sealed, we don't know if we can get the documents for this case. 

[powerpuff 6,697]

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

[Yareth 59]

The answer is yes, you do have to mention it and include certified copies of all court and police records. The form states it quite clearly at the start of Part 3:

"NOTE: These criminal information questions must be answered even if your records were sealed, cleared, or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record." 

and:

"Have you EVER been arrested or convicted of any of the following crimes: 

 

2.a. Domestic violence, sexual assault, etc."

 

 

and:

"NOTE: If you were ever arrested or convicted of any of the specified crimes, you must submit certified copies of all court and police records showeing the charges and disposition for every arrest or conviction. You must do so even if your records were sealed, expunged or otherwise cleared, etc"

 

 

Please read the forms very very thoroughly and attentively. Your answer is right there.

Also, please fill in your timeline when you've filed. 

[Peot 161]

Yareth is correct, and also the purpose is kind of two-fold:

 

1. It ensures the criminal charges don't make you ineligible for entry/visas, etc

2. It shows that the petitioner was aware of a criminal conviction.

 

During the interview process down the road for AOS, they can even bring this up again and ask the petitioner (then spouse) if they are aware of the conviction, so disclosing this early is important to keep everything honest. 

[kokonoei 0]

On 5/20/2024 at 1:35 AM, Peot said:

Yareth is correct, and also the purpose is kind of two-fold:

 

1. It ensures the criminal charges don't make you ineligible for entry/visas, etc

2. It shows that the petitioner was aware of a criminal conviction.

 

During the interview process down the road for AOS, they can even bring this up again and ask the petitioner (then spouse) if they are aware of the conviction, so disclosing this early is important to keep everything honest. 

Thank you. May I ask how can we get the certified copy of all courts since they were expunged 5 years ago 

[Peot 161]

19 hours ago, kokonoei said:

Thank you. May I ask how can we get the certified copy of all courts since they were expunged 5 years ago 

If it was expunged, you will need to show evidence that there was a conviction that was expunged. 

 

In other words, you can file a petition with the court (in the county it happened in) to have the case re-opened to gain access to the expunged records, and then submit this in your I129F. Expungement doesn't actually mean the records were deleted, so they should still be available. 

 

5 years is long enough though that there's a chance they don't exist. In this case, you would still have to note the conviction existed and was expunged, with potentially a criminal record report as evidence of this. 

[Family 3,988]

All you need to do is the following:

1. Petitioner does his own FBI record that will show any arrests 

2. Submit written request to Juvenile Court ( google is your friend) for name and date search .. 

He will get a custodian of record letter that says No Record Found 

 

3. Send written request to arresting agency for police report. 
He will get a custodian of record letter that says No Record Found 

 

4. Send copies of 1 -3 w I-129 F along w a SHORT detail sentence on last page of I-129 F “ On xy I was arrested /detained for xy hours . I recall appearing in court and completing approx xy hours of community service. I have no other records than those attached but recall being advised by court my disorderly conduct charge will not affect me if I obey all laws. 
 

I have no other law enforcement contacts , am a contributing member of my community “”