Which documents are required to disclose a felony background? (i129f sponsor)

[FamilyGuyUSA 0]

Hello, I am a USA citizen sponsoring a Brazilian fiancé for a K1 visa. Unfortunately I have some convictions from 13 years ago for selling a drug. What should I include with my i-129f to avoid denial or RFE?

 

I found this requirement on the IMBRA:

 

“If the petitioner indicates that he or she has been convicted by a court or by a military tribunal for one of the specified crimes by checking one or more of the boxes in Part C., question 2 of Form I-129F, or USCIS ascertains through relevant background checks that the petitioner has been convicted, the petitioner will be required to submit certified copies of all court and police records showing the charges and dispositions for every such conviction.”

 

I’m having a hard time determining exactly what is required in documentation. I have court stamped paperwork showing I was initially charged with several counts of Trafficking that were dismissed: “VD District Dismissals w/o Leave by DA – No Plea Agreement”

 

Would it be important to include that the reason for dismissal was the drug I was in possession of had been misidentified? The court had the drug tested in a lab, once properly identified as 4-MEC my charges were reduced to “PWISD Schedule 1” and “Delivery of Schedule 1”

 

I was sentenced to 1 year of probation, which I violated on the 10^th month with a “Defrauding Drug Screen/Test” misdemeanor. This charge was dismissed as well, but my probation was extended by 1 more year and was then completed successfully. 

 

I understand I will need a document verifying that the probation was successfully completed? Is this true? I reached out to the probation office, and they provided me with a document stating the times of my probation, but it doesn’t specifically state that it was completed without further issue.

 

I also have letters from a drug counselor and psychologist confirming that I was in treatment with them at the time. Would it be appropriate to include these letters as well?

 

If anyone has successfully been able to sponsor a K1 visa with a felony background, please comment and share what documentation was needed. I would love to avoid a denial or RFE 😊

[Edward and Jaycel 676]

I had one charge that was a felony from 30+ years ago - I misunderstood the instructions on the I-129F and on the application, I disclosed the charge and the court disposition but did NOT include any documentation. As you can imagine I got an RFE requesting the documentation. In response to the RFE, I sent a certified copy of the court disposition (signed, stamped and sealed by the court clerk) and a letter from the police agency, in response to my request for my arrest records, stating that since they were 30+ years old, they met their criteria for document destruction and thus no longer existed. USCIS approved my application 4 days after receiving the RFE response. Hope this helps.

[Boiler 46,198]

One of the benefits of going the Spouse route

[FamilyGuyUSA 0]

1 hour ago, Edward and Jaycel said:

I had one charge that was a felony from 30+ years ago - I misunderstood the instructions on the I-129F and on the application, I disclosed the charge and the court disposition but did NOT include any documentation. As you can imagine I got an RFE requesting the documentation. In response to the RFE, I sent a certified copy of the court disposition (signed, stamped and sealed by the court clerk) and a letter from the police agency, in response to my request for my arrest records, stating that since they were 30+ years old, they met their criteria for document destruction and thus no longer existed. USCIS approved my application 4 days after receiving the RFE response. Hope this helps.

So they only wanted the court disposition and the letter from the police? There was no requirement for needing evidence of your punishment being completed or anything else?

1 hour ago, Boiler said:

One of the benefits of going the Spouse route

I’m sorry, can you elaborate on the spouse route? What is different and which visa are you talking about?

[Edward and Jaycel 676]

1 hour ago, FamilyGuyUSA said:

So they only wanted the court disposition and the letter from the police? There was no requirement for needing evidence of your punishment being completed or anything else?

I only sent those documents and they accepted them as resolving my RFE. I had probation too but I did not have any documentation available regarding completing it so I didn’t send anything about it.