Not guilty 19 years ago

[Traciusa 1]

Hello. My fiance was found not guilty 19 years ago in a case in Jamaica. We are about to file k1. I know we need police record at interview, but does he need court documents showing not guilty when we first submit application? We did say he was arrested and found not guilty on application. Since the court case is 19 years old the court is having hard time finding any documents about the case. Does he need court papers to be included in the initial filing? Will they ask for them now or just bring them with us to interview?  

Edited yesterday at 11:32 AM by Traciusa

[smilingstone 184]

Beneficiary criminal check doesn't happen until DS-160 and K1 application stage. You won't need documents until then,but it's best to get things as far in advance as possible to avoid delays. 

 

 

[Traciusa 1]

Thankyou for your comment. What I hv been reading is all over the place. Some comments we can get rfe . When does ds 160 get filed? Also he has been at court 4 times and the young lady is searching for it. Someone is on it and looking 

[DELTAFOXTROT 56]

1 hour ago, smilingstone said:

Beneficiary criminal check doesn't happen until DS-160 and K1 application stage. You won't need documents until then,but it's best to get things as far in advance as possible to avoid delays. 

 

 

You sure about that?  Why would they ask for it on the I-129F? 

 

I am gonna say it could easily cause a RFE if you don't provide documentation if you list it.

 

 

[DELTAFOXTROT 56]

1 hour ago, Traciusa said:

Hello. My fiance was found not guilty 19 years ago in a case in Jamaica. We are about to file k1. I know we need police record at interview, but does he need court documents showing not guilty when we first submit application? We did say he was arrested and found not guilty on application. Since the court case is 19 years old the court is having hard time finding any documents about the case. Does he need court papers to be included in the initial filing? Will they ask for them now or just bring them with us to interview?  

Do they have any type of Private Investigators like they have in the USA whom can run a criminal history on your fiance in Jamica?

 

Do they have like a Jamican Bureua of Investigation where he can pull his police record?  What about a lawyer can they pull the criminal history and results?

[J.M. 235]

2 hours ago, DELTAFOXTROT said:

You sure about that?  Why would they ask for it on the I-129F? 

 

I am gonna say it could easily cause a RFE if you don't provide documentation if you list it.

There are no questions about beneficiary criminal history on I-129f petition.  As smilingstone stated, the beneficiary criminal history is listed on the DS-160, and supporting documentation will be presented at interview.  DS-160 is completed after I-129F is approved.

[smilingstone 184]

4 hours ago, DELTAFOXTROT said:

You sure about that?  Why would they ask for it on the I-129F? 

 

I am gonna say it could easily cause a RFE if you don't provide documentation if you list it.

 

 

 

We, with me as beneficiary, submitted our I-129F in March of this year. Probably safe to say the questions haven't changed since then.

 

It only asked about the petitioner's criminal background (if any), not about the beneficiary - only my address and employment history, previous marriage, children, etc.

 

It wasn't until my medical and DS-160 that I, as beneficiary, was required to provide info on my criminal background.

[smilingstone 184]

5 hours ago, Traciusa said:

When does ds 160 get filed?

 

D-160 is submitted after you've received your NOA2 approval, and your consulate has your documents ready. This will be when you are ready to schedule your interview. That could be anything from 4 - 10+ months from filing the I-129F. It isn't something you need to be worrying about at this stage, trust me. See my timeline, I have recently gone through this process.

[Traciusa 1]

The I -129f form does hv question for the benieficary. Asking if there was ever an arrest or conviction. 

[Traciusa 1]

32 minutes ago, Traciusa said:

The I -129f form does hv question for the benieficary. Asking if there was ever an arrest or conviction. 

 

[Traciusa 1]

I’m so confused. On the I 129 form are they asking my criminal history or the forgein fiancé ?

[MalloryCat 191]

page 8 is for the foreign fiance

 

nevermind, thats wrong. the section is for the petitioner (US citizen).

 

if it were for the foreign fiance, it would have said Part 2. Information About Your Beneficiary
(continued) not Part 3

Edited yesterday at 08:07 PM by MalloryCat

[J.M. 235]

The question is "Have YOU ever...", not has the beneficiary ever...  

 

YOU, the petitioner, are filling out the form, so any reference to YOU, means the petitioner.

[Family 4,011]

12 hours ago, Traciusa said:

Thankyou for your comment. What I hv been reading is all over the place. Some comments we can get rfe . When does ds 160 get filed? Also he has been at court 4 times and the young lady is searching for it. Someone is on it and looking 

For clarity, OP (original poster) @Traciusa, you seem to be the beneficiary ( no criminal record) . You are asking for info on  your US Citizen Petitioner ‘s old case…

 

As everyone correctly pointed out , the I-129 F application asks questions only about the criminal history of the USC Petitioner. 
He needs to :

1. Run his own FBI prints . Easy and inexpensive just google in his local area. This will show all arrests /dates and locations

 

2. Request certified copies of sentencing minutes/disposition from the court .. he can show the FBI report to narrow search( they have a form he submits). The court will send him back an official letter ( as custodian of records) that will say No Records exist ..usually because they are destroyed after some specific time. 
 

Send copy of FBI and copy of Court Letter of No Record with your application.

[Family 4,011]

12 hours ago, Traciusa said:

Also he has been at court 4 times and the young lady is searching for it. Someone is on it and looking

That court clerk is not helping , in spite of good intentions.