K-1 Disclosing Criminal Information - Question

[Tepiltzin 0]

Greetings, I am in the process of getting all of the information together to create my application packet and want to make sure I am doing everything correctly. I have some minor criminal issues that I want to make sure I disclose correctly. 

 

1. I was able to get the certified court records which include the original complaint (which lists the original event and arrest along with the charges). The question for this is will this suffice for the "court certified copies of arrest record and/or disposition for each incident"?

 

2. For "at least three convictions for crimes relating to a controlled substance or alcohol not arising from a single act" is relating to referring to the charge itself? Obviously, a DUI would be under this category but does any event of arrest in which alcohol was involved also a part of this? Such as I was out had a few beers and fell asleep on a bench and was given a trespass citation? 

 

3. I also have an arrest from 20 years ago for disorderly conduct that no charges were ever filed, and there is no record of. Does this need disclosed? If so, how?

 

4. Also from over 20 years ago - while I was in the Navy I took an UA with a couple of ship mates and we traveled around for a while. Eventually we were picked up by a sheriff and turned over to the Navy. I returned to service and was eventually discharged on favorable terms. Would this event need to be disclosed and if so how?

 

5. I have been digging through the forum here but I have been unable to locate a good example of the format in which the criminal record should be disclosed. Could anyone possibly point me in the right direction?

 

Thank you all and it is great to see a community so helpful and passionate about helping

 

 

 

 

Edited Thursday at 09:00 PM by Tepiltzin
early publish due to hitting wrong key

[Gary Rich 291]

14 minutes ago, Tepiltzin said:

Greetings, I am in the process of getting all of the information together to create my application packet and want to make sure I am doing everything correctly. I have some minor criminal issues that I want to make sure I disclose correctly. 

 

1. I was able to get the certified court records which include the original complaint (which lists the original event and arrest along with the charges). The question for this is will this suffice for the "court certified copies of arrest record and/or disposition for each incident"?

 

2. For "at least three convictions for crimes relating to a controlled substance or alcohol not arising from a single act" is relating to referring to the charge itself? Obviously, a DUI would be under this category but does any event of arrest in which alcohol was involved also a part of this? Such as I was out had a few beers and fell asleep on a bench and was given a trespass citation? 

 

 When i submtted  my I-129F appication, i has to ger an certicate of deposition from the county clerk office.

 

 

 

 

 

[Edward and Jaycel 677]

36 minutes ago, Tepiltzin said:

Such as I was out had a few beers and fell asleep on a bench and was given a trespass citation? 

 

Unless alcohol or controlled substance is documented in the arrest or charging documents as a factor in the incedent then no, something like this would not count

[Edward and Jaycel 677]

58 minutes ago, Tepiltzin said:

1. I was able to get the certified court records which include the original complaint (which lists the original event and arrest along with the charges). The question for this is will this suffice for the "court certified copies of arrest record and/or disposition for each incident"?

 

You need the court certified disposition of the case.... The charged offense, the result (Pled Guilty, Found Guilty, Found Not-Guilty, Pled No-Contest, etc.) and sentence, if any.

 

I got mine from the county clerk where the court is.

Edited Thursday at 09:53 PM by Edward and Jaycel

[Tepiltzin 0]

The certified court records that I was able to obtain include the original complaint as well as the disposition. Would these together satisfy the criminal history document requirements?

[Edward and Jaycel 677]

30 minutes ago, Tepiltzin said:

The certified court records that I was able to obtain include the original complaint as well as the disposition. Would these together satisfy the criminal history document requirements?

 

I would think so... in my case, I received an RFE on my I-129F because I misunderstood the instructions and all I did was list the conviction but provided no documents. In response to the RFE I sent the court certified disposition and a letter from the state police that since the incident happened over 30 years prior, that my arrest records were purged and no longer existed. That satisfied USCIS and they then approved my petition.

[Tepiltzin 0]

What should I expect from this process? Below are what my record consists of. Should I have any concerns or am I over worrying?

 

my record is (all over 15 years old):

• assault causing bodily injury - reduced to disorderly conduct by fighting  (this is from a fight with my father)
• DUI
• Trespass (simple)
• resisting a peace officer (for this one I was arrested a second time for missing a payment on the fine)
• I also have a TRO (discharged with no incident or violation)

All of this will be fully disclosed. i am also doing background and finger print checks to make sure there are no ghosts in the closet I forgot about.

 

Should I be worried about any of this hurting my chances of getting a visa for my beneficiary? 

 

I think I am being more cautious as we share a son together and are trying to be together as soon as possible. I would hate to go through the process and get denied or delayed. Would a spouse visa be a better option to avoid risk of being denied? Would the items in my record cause delays to the process?

[Edward and Jaycel 677]

18 minutes ago, Tepiltzin said:

What should I expect from this process? Below are what my record consists of. Should I have any concerns or am I over worrying?

 

my record is (all over 15 years old):

• assault causing bodily injury - reduced to disorderly conduct by fighting  (this is from a fight with my father)
• DUI
• Trespass (simple)
• resisting a peace officer (for this one I was arrested a second time for missing a payment on the fine)
• I also have a TRO (discharged with no incident or violation)

All of this will be fully disclosed. i am also doing background and finger print checks to make sure there are no ghosts in the closet I forgot about.

 

Should I be worried about any of this hurting my chances of getting a visa for my beneficiary? 

 

I think I am being more cautious as we share a son together and are trying to be together as soon as possible. I would hate to go through the process and get denied or delayed. Would a spouse visa be a better option to avoid risk of being denied? Would the items in my record cause delays to the process?

 

Personally I would go with the spousal visa... It's better all around anyway IMHO

[SteveInBostonI130 3,489]

I second the above suggestion of going the spousal visa route.

 

The assault charge may trigger your file to be sent to Vermont, which would add a year or so to your process time.

[Tepiltzin 0]

Is there any negative impact by filing the i-129f then switching to cr1 if the i-129f doesn't go well? Other than spending the extra fees? If I file the i-129f am i able to track which processing center it routes to? I just returned home and will not be able to get back to my partner for at least a few months so wouldnt be able to marry until then anyways

[Crazy Cat 42,426]

1 minute ago, Tepiltzin said:

Is there any negative impact by filing the i-129f then switching to cr1 if the i-129f doesn't go well? Other than spending the extra fees? If I file the i-129f am i able to track which processing center it routes to? I just returned home and will not be able to get back to my partner for at least a few months so wouldnt be able to marry until then anyways

All I-129fs go to the California Service Center.   

[DELTAFOXTROT 78]

It will be nice when USCIS gets rid of the silly requirements of having to list all your criminal stuff.   This is just a stupid and non sense requirement.

 

 

[Senufo 16]

5 hours ago, DELTAFOXTROT said:

It will be nice when USCIS gets rid of the silly requirements of having to list all your criminal stuff.   This is just a stupid and non sense requirement.

 

 

Huh?  Rapists and murderers are released back into society every day.  Did you think this comment through?

Edited Saturday at 04:35 PM by Senufo

[OldUser 7,733]

6 hours ago, DELTAFOXTROT said:

It will be nice when USCIS gets rid of the silly requirements of having to list all your criminal stuff.   This is just a stupid and non sense requirement.

 

 

Foreign fiance / spouse deserves to be protected from somebody unsafe with criminal past. I don't see this requirement going away any time soon.