Applying for AOS, I-485 criminal/arest records of K-1 visa holder

[Surzel 2]

Hello, everyone!
 My wife is from Belarus, this country has a specific political situation and she went to protest against the falsified president election, for that she was arrested twice, it was administrative articles not criminal, after the second time she needed to leave her country and she became a refugee in Poland.
 The form I-485 instructions require to mention "every arrest for any reason anywhere in the world even if no criminal charges were filed, to provide the complete arrest report and a court order that indicates the final disposition of the arrest". She does have the documents from the first arrest, but she doesn't have these documents from her second time as she was in rush to leave the country, and belarusian embassies are unhelpful, she can't get these documents now.
 Are there alternative documents that she can provide without contacting Belarus or maybe we can just ignore that and to not mention it at all, as at the first application she had the complete certificate of no criminal record, as the records expired, I guess.
 Maybe somebody had an experience like that, we'd appreciate if you share. Thank you!

[JeanneAdil 6,781]

Same as she disclosed the arrests on her ds 160/  she must report it

the embassy she interviewed in would have had her in AP while they investigated this and should be in her K1 package in computer

 

she can't ignore or not report the arrest

[TBoneTX 46,669]

Thread is moved from the K-1 Case Progress subforum to the "AOS from K Visas" main forum -- topic pertains to that phase.

Edited Friday at 07:15 PM by TBoneTX

[OldUser 8,490]

Must disclose arrests regardless whether she feels they were fair or unfair.

[OldUser 8,490]

2 minutes ago, OldUser said:

Must disclose arrests regardless whether she feels they were fair or unfair.

In I-485 and later in N-400 she'd have to disclose whether she was in any groups too

[Surzel 2]

On 3/28/2025 at 1:25 PM, JeanneAdil said:

Same as she disclosed the arrests on her ds 160/  she must report it

the embassy she interviewed in would have had her in AP while they investigated this and should be in her K1 package in computer

 

she can't ignore or not report the arrest

Thank you for your reply!
However she doesn't have any records on the ds-160 form or on any other form in whole K1 package, she had the complete certificates of no criminal records from both countries she lived in. I see, it should be disclosed, but what documents can we provide if we can't reach the belarusian court? As she has a court decision with her from the first time, but not from the second arrest for the same reason. 

[Surzel 2]

21 hours ago, OldUser said:

In I-485 and later in N-400 she'd have to disclose whether she was in any groups too

Thank you for your answer! So march protests are considered to be a "group" even if she didn't know other people?

[OldUser 8,490]

12 minutes ago, Surzel said:

Thank you for your reply!
However she doesn't have any records on the ds-160 form or on any other form in whole K1 package, 

I'd recommend involving a lawyer at this point. I also wouldn't go to interview without a lawyer, this doesn't seem like a DIY case. You're looking at potential material misrepresentation and inadmissibility based on that.

 

13 minutes ago, Surzel said:

 she had the complete certificates of no criminal records from both countries she lived in.

That's great, but USCIS still needs to know whether she was ever arrested, detained, charged etc. Even expunged records need to be disclosed to USCIS.

 

I think she can write an affidavit explaining everything, if she doesn't and can't produce any papers.

 

One more thing to note. Just because everything was OK for DS-160 and K-1 doesn't mean USCIS won't make it issue later during I-485, I-751 and N-400. There are known cases when only at N-400 USCIS would find issue and claim that Green Card was given in error. Each stage of immigration is chance for USCIS to review entire immigration history.

 

So being open and upfront with USCIS is the key to securing trouble free future. It may mean immediate problems and waivers involved at this time around though. 

[OldUser 8,490]

15 minutes ago, Surzel said:

Thank you for your answer! So march protests are considered to be a "group" even if she didn't know other people?

I'd say yes. Somebody organized the protest and asked people to join. Lawyer's input is highly recommended. I wouldn't do this case myself.

[Surzel 2]

22 hours ago, OldUser said:

Lawyer's input is highly recommended. I wouldn't do this case myself.

Thank you very much, it was super helpful