129f approved, but nervous about..

[Bdlach 2]

Ok. After 8 months the 129f for my finance in the Philippines is approved.

 

i am nervous though because I have been researching something and need some input without being too rude. When I filled out the 139f I didn’t disclose two arrests (possession of marijuana and a criminal trespassing from 2004, both have been annulled in the state of NH. I called the state police in NH and they directed me to their website and it talks about their annulment process and if it can be seen. They said it gets cleared from the fbi name check and databases for arrest. They said it also gets erased from all state and local records since it’s an annulment, and not sealed or expunged. 
 

I’m just really nervous now that they will be able to see it and she will get denied. It’s been a long road and not feeling confident about her in person interview because of this. I gave her copies of the annulment with the state seal on it in case they ask at the interview, but my main concern is them saying I lied on the application. I didn’t see the word annulment on the application and it’s not an Adam and Walsh crime. 
 

please let me know if anyone knows what kinds of checks nvc, dos do and if they will see this or not. It’s so depressing to know it could get denied over a charge that doesn’t exist in nh anymore. Thanks.

 

also, anybody who has had a k1 in Manila can inform me of how it was..

[Crazy Cat 41,923]

15 minutes ago, Bdlach said:

please let me know if anyone knows what kinds of checks nvc, dos do and if they will see this or not.

Why would you not disclose these arrests? Were you convicted?  This is the same as an expungement.  The consulate will do background checks. They will likely see that you failed to disclose.   Prepare yourself for problems.  

[Crazy Cat 41,923]

I know of one case in Manila which was denied after the interview for this exact issue...although I'm not sure what the charge was.  The arrest may not be a big issue.  However, failing to disclose, could be.

Edited October 26 by Crazy Cat

[Bdlach 2]

Just now, Crazy Cat said:

Why would you not disclose these arrests? Were you convicted?  This is the same as an expungement.  The consulate will do background checks. They will likely see that you failed to disclose.   Prepare yourself for problems.  

I thought it was only towards arrests of endangering children, domestic violence, felonies, or anything serious. I gave my finance copies of the annulments and she is aware of the charges. She is going to bring them to the interview so if they ask. I’m not sure if I should just cancel this application and re apply to another k1. I guess I was convinced they would have no way to see it and wouldn’t care because they are low level. They might not see it? Who knows..

[Bdlach 2]

3 minutes ago, Crazy Cat said:

I know of one case in Manila which was denied after the interview for this exact issue...although I'm not sure what the charge was.  The arrest may not be a big issue.  However, failing to disclose, could be.

Don’t work at the embassy or do this a lot? This is my first time on here and am just trying to find the best steps. Do you think if my fiancé gives them the paperwork if they ask it light help? 

[Crazy Cat 41,923]

13 minutes ago, Bdlach said:

Don’t work at the embassy or do this a lot? This is my first time on here and am just trying to find the best steps. Do you think if my fiancé gives them the paperwork if they ask it light help? 

The instructions for the I-129f say:

 

Item Number 4.a. Criminal Information. Indicate whether you have ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, for any offenses other than those you have already outlined in the previous section. Unless a traffic incident was alcohol- or drug-related or involved a fine of $500 or more, you do not need to provide information on it.

 

  Please keep us updated.

Edited October 26 by Crazy Cat

[Crazy Cat 41,923]

11 minutes ago, Bdlach said:

I guess I was convinced they would have no way to see it and wouldn’t care because they are low level.

If you were convicted or pled guilty, they will likely see it.  Just wait and see what they say. Good luck. 

[Bdlach 2]

50 minutes ago, Crazy Cat said:

If you were convicted or pled guilty, they will likely see it.  Just wait and see what they say. Good luck. 

May I ask how you know so much about this? Do or did you work in that field? Thanks

[powerpuff 6,715]

16 minutes ago, Bdlach said:

May I ask how you know so much about this? Do or did you work in that field? Thanks

You don’t need to work in the field to know. This has already happened to someone, also in the Philippines. Expunged arrest that wasn’t disclosed in the petition. The case was denied after the consulate ran a background check. They had to restart with a spousal visa. Here’s the thread:

 

[SalishSea 17,874]

3 hours ago, Bdlach said:

May I ask how you know so much about this? Do or did you work in that field? Thanks

“Annulled” does not mean what you think it means in this context.   ‘Expunge’ is NOT a thing in the world of US immigration.   

 

As you can see, the VJ member who did not disclose his criminal history had to take a much longer and more expensive route to get his partner here.

 

Your issue isn’t necessarily the crime itself, it’s the failure to disclose it as required on a legal form, the I-129F.

[Bdlach 2]

7 hours ago, SalishSea said:

“Annulled” does not mean what you think it means in this context.   ‘Expunge’ is NOT a thing in the world of US immigration.   

 

As you can see, the VJ member who did not disclose his criminal history had to take a much longer and more expensive route to get his partner here.

 

Your issue isn’t necessarily the crime itself, it’s the failure to disclose it as required on a legal form, the I-129F.

Don’t think withdrawing this 129f and doing another one before they deny it would be the right move? I could call uscis and tell them to withdraw it because I did the application wrong.

Just now, Bdlach said:

Don’t think withdrawing this 129f and doing another one before they deny it would be the right move? I could call uscis and tell them to withdraw it because I did the application wrong.

Do you* not don’t 

[Family 4,015]

To do:

* Go run your own FBI prints to show all arrests and do equivalent of CAL DOJ for court search 

* Request Certified court records for each case. Even if court sends certified letter that “ records unavailable “ it will be fine .

 

1. Write up a letter : Supplemental Filing for I-129 F case #

                              Name Beneficiary, DOB

                               Name USC Petitioner , DOB 

Dear Officer, 

I hereby request the above ref petition be updated in order to correct an unintentional error at filing . 
‘Requested correction : 

‘I-129 F form , Part X, Page Y , Question Z should be YES. 
‘Details of my only two contacts with law enforcement arrests/convictions 

Very very short description of event 

 

20xx, ( date) arrested by Law Agency ( police, sheriff )
‘Detained and released ( after hours , days or no jail time) 

‘Court disposition ( convicted of xy date) Case # 

On xyz  date , record annulled (?) expunged 

 

20xx ( do same for 2nd )

2. Send a copy to NVC ( upload via Ask NVC ) , it will bounce, but it’s important to show you took steps 

 

3. Email same to Embassy ( google both immigrant and non immigrant unit email address) 

 

4. Send the ORIGINAL certified court records to your fiancée to take with her to the interview. ..OR better yet, if you can afford it, fly there and go with her in person. 
‘Even if they don’t let you in, she carries your passport inside and tells officer you are waiting outside just to make sure all goes well.This is NOT a requirement , so don’t fret.

 

 

[Bdlach 2]

23 minutes ago, Family said:

To do:

* Go run your own FBI prints to show all arrests and do equivalent of CAL DOJ for court search 

* Request Certified court records for each case. Even if court sends certified letter that “ records unavailable “ it will be fine .

 

1. Write up a letter : Supplemental Filing for I-129 F case #

                              Name Beneficiary, DOB

                               Name USC Petitioner , DOB 

Dear Officer, 

I hereby request the above ref petition be updated in order to correct an unintentional error at filing . 
‘Requested correction : 

‘I-129 F form , Part X, Page Y , Question Z should be YES. 
‘Details of my only two contacts with law enforcement arrests/convictions 

Very very short description of event 

 

20xx, ( date) arrested by Law Agency ( police, sheriff )
‘Detained and released ( after hours , days or no jail time) 

‘Court disposition ( convicted of xy date) Case # 

On xyz  date , record annulled (?) expunged 

 

20xx ( do same for 2nd )

2. Send a copy to NVC ( upload via Ask NVC ) , it will bounce, but it’s important to show you took steps 

 

3. Email same to Embassy ( google both immigrant and non immigrant unit email address) 

 

4. Send the ORIGINAL certified court records to your fiancée to take with her to the interview. ..OR better yet, if you can afford it, fly there and go with her in person. 
‘Even if they don’t let you in, she carries your passport inside and tells officer you are waiting outside just to make sure all goes well.This is NOT a requirement , so don’t fret.

 

 

You were the person I had wanted to talk to about this since you seem to be so knowledgeable. I will do all of those steps. I have read a lot of your comments on others posts and you seem to know so much about this process. Do you think the steps you wrote would work? And just out of curiosity, how do you know so much about the process? Thanks again Fam

[Family 4,015]

30 minutes ago, Bdlach said:

You were the person I had wanted to talk to about this since you seem to be so knowledgeable. I will do all of those steps. I have read a lot of your comments on others posts and you seem to know so much about this process. Do you think the steps you wrote would work? And just out of curiosity, how do you know so much about the process? Thanks again Fam

Yes, taking these actions will help. The  nature of your offenses means the petition was/is approvable at filing for USCIS purposes. 
‘A timely correction for your misunderstanding ( call it a dude blonde moment 😂) and complete records or custodian no records exist evidence will suffice if CO has it before or at interview. 
 

If I recall correctly, the John and Rose VJ story always referenced was a non disclosure AND the challenge of the petitioner in getting records or no records letter at and post interview. 
 

Going through the extra effort of a written request to the arresting agency , is overkill but you can do that as well. My position is that you offer those only if you get a No Records Exist Letter…

 

I love our Justice System , even w faults , imperfections and OJ Simpson outcomes…but I also respect the  ‘’prison justice ‘’ reality for AWA convicts. 

 

Kudos for researching before you shot yourself in the foot with that withdrawal 😂
 

 

[Bdlach 2]

On 10/27/2024 at 9:17 AM, Family said:

Yes, taking these actions will help. The  nature of your offenses means the petition was/is approvable at filing for USCIS purposes. 
‘A timely correction for your misunderstanding ( call it a dude blonde moment 😂) and complete records or custodian no records exist evidence will suffice if CO has it before or at interview. 
 

If I recall correctly, the John and Rose VJ story always referenced was a non disclosure AND the challenge of the petitioner in getting records or no records letter at and post interview. 
 

Going through the extra effort of a written request to the arresting agency , is overkill but you can do that as well. My position is that you offer those only if you get a No Records Exist Letter…

 

I love our Justice System , even w faults , imperfections and OJ Simpson outcomes…but I also respect the  ‘’prison justice ‘’ reality for AWA convicts. 

 

Kudos for researching before you shot yourself in the foot with that withdrawal 😂
 

 

Thanks for the response. I contacted an online immigration lawyer who said they have never heard of somebody not getting an RFE for USCIS finding criminal records without disclosure. I told them about John and Rose case and how we are pretty much the same. I have all my dispositions and annulment papers and have the courts working on certified copies saying they have nothing in their systems. I’m going to send this to the us embassy in Manila. 
 

Do you think I should send it to USCIS to see if they can attach it to the approved 129f? My fear with that is USCIS pulling it back and denying it for not disclosing in their process. Either way all I want to do is the right thing and get documents to the embassy, nvc, and my fiancé as fast as possible. Last thing I want is them to think I am being sneaky. I think it will look good since I am sending them  all this stuff after the 129f is approved acknowledging that I unintentionally missed it and am giving them all my records. 
 

Thanks again for your valuable input.