Finally got the court records

[daisylynn 0]

Ok, so does anyone know if it looks like we'll need a waiver? I have no idea about this stuff. This is the court record we got today

And with us having this and having the nationwide name check which pulls these up, why is it that they need the fingerprint version? We've already sent off for it, but I'm just wondering why they will need it when it's going to say exactly what the nationwide one does

Edited October 27, 2007 by daisylynn

[daisylynn 0]

Grrr, couldn't get the picture right. Here it is

[Earmuffs 1]

jsut ordered mine for my AOS..

I was approved for the K1 so hopefully nothing changes..

[IR5FORMUMSIE 850]

Grrr, couldn't get the picture right. Here it is

I hate to be the bearer of bad news but this isn't the court record. This is the certificate of conviction. The difference is that the court record will have the dates of all appearances, the lawyers names for both sides, a summary of the information or indictment and how the defendant pled among other things. Now for the REALLY BAD NEWS, the Superior Court of Justice hears appeals from the Court of Justice for summary conviction offences and, this is where I feel very uneasy, Criminal prosecutions of indictable offences. If you are appealing a summary conviction then you go to the Superior Court, the only other way (in the criminal context) is if you have been charged with and indictable offece (or the Crown decides to proceed by indictment). The form was signed by the Criminal Registrar of the Superior Court of Justice, this is a Superior Court of Justice form, the charges are pretty serious (you already know what I think of them) and the sentence is a 12 month probation. All of this leads me to believe that it was prosecuted via indictment. I would go back to the court and see if you can find the actual court record and that will remove any doubt. I've got my fingers crossed that I've completely misread the form but if I were you and in the same situation, I would start preparing the waiver.

[~Nini~ 2]

jsut ordered mine for my AOS..

I was approved for the K1 so hopefully nothing changes..

Are you talking about a police clearance, Earmuffs? I didn't think you needed that for AOS...

[misa 2]

Are you talking about a police clearance, Earmuffs? I didn't think you needed that for AOS...

Yeah, police clearance isn't needed again for AOS if adjusting from K1 or K3 (not sure about B2, F1, J1, etc.). BUT... I have heard that if your fingerprints are rejected by the FBI ____ number of times (don't know how many times), USCIS will request local police clearances. Something like that. I remember reading a few people post their experiences with that here on VJ.

[IR5FORMUMSIE 850]

Are you talking about a police clearance, Earmuffs? I didn't think you needed that for AOS...

Yeah, police clearance isn't needed again for AOS if adjusting from K1 or K3 (not sure about B2, F1, J1, etc.). BUT... I have heard that if your fingerprints are rejected by the FBI ____ number of times (don't know how many times), USCIS will request local police clearances. Something like that. I remember reading a few people post their experiences with that here on VJ.

I have heard about the FBI rejection after 3 times but I can't vouch for the veracity of such a statement, since it allegedly happens very infrequently. Has anybody else, with the exception of misa, heard this?

I'm hoping that someone will correct me or tell me I'm out of my ever lovin' mind with the advice I gave daisylynn.

[trailmix 77]

I'm hoping that someone will correct me or tell me I'm out of my ever lovin' mind with the advice I gave daisylynn.

I can only vouch for part of this statement.

Hey daisylynn, even if he does have to get a waiver it isn't the end of the world, you'll get it done and get through this

[misa 2]

I have heard about the FBI rejection after 3 times but I can't vouch for the veracity of such a statement, since it allegedly happens very infrequently. Has anybody else, with the exception of misa, heard this?

Here's one case: http://www.visajourney.com/forums/index.ph...p;#entry1152177

and another: http://www.visajourney.com/forums/index.php?showtopic=28998

and one more: http://www.visajourney.com/forums/index.php?showtopic=21442

I am sure there are more in the AOS forum. I just did a search for "local police" in the AOS forum.

Daisylynn, sorry to hijack your thread. Good luck with the court records, etc.!

Edited October 27, 2007 by misa

[Earmuffs 1]

Are you talking about a police clearance, Earmuffs? I didn't think you needed that for AOS...

no I meant court papers because I have a criminal record.. and i need the final disposition (sp).

So i hope that since my K1 was approved with my record that the AOS will be..

now if my sponsor would get in gear thats a whold nother story..

[IR5FORMUMSIE 850]

I'm hoping that someone will correct me or tell me I'm out of my ever lovin' mind with the advice I gave daisylynn.

I can only vouch for part of this statement.

Thanks I needed that. I sometimes get ahead of myself and see only a negative result and forget to "accentuate the positive." I was actually referring to the advice I gave. For the record, I'm quite mad as you already know.

Trailmix, you're quite correct, it isn't the end of the world. There are many things in favour of the issuance of the waiver including a clean record subsequent to the conviction, the age of the conviction, the fact that the judge only gave probation and DH's age at the time. If DH had been a dangerous individual the judge would have given him some time. With the speeding up of processing, a waiver might not take as long as it once was taking. Daisylynn don't worry, we've all got your back. Even if I'm bonkers.

[IR5FORMUMSIE 850]

Are you talking about a police clearance, Earmuffs? I didn't think you needed that for AOS...

no I meant court papers because I have a criminal record.. and i need the final disposition (sp).

So i hope that since my K1 was approved with my record that the AOS will be..

now if my sponsor would get in gear thats a whold nother story..

I'm sorry, when you filed for the K1 was the matter finished or ongoing? I thought that the K1 only asked for info on domestic violence, alcohol or controlled substance and other violent crimes. You will need the court record for the I-485 if you have been convicted or charged with a crime of moral turpitude or charged with and/or convicted of any crime. Sounds like you'll need it, but I think you already know that.

[daisylynn 0]

Frick!! Why can't they just get the right stuff to me the first time! I am SO done with all of this I told the lady at the courthouse what I needed. I just figured she would send the RIGHT one! Now I have to get back up with her. Although I'm SO glad to find out now instead of at the interview! Thanks IR5!!!

And IR5-You were right on as far as the crown decided to proceed with indictment. Dh said that she was trying to get him sentenced more than what he got. He said the judge at Superior court actually scolded the crown at the hearing (or whatever it's called.) The judge asked her why she brought his case to that court, that it should have been at the provencial court. The judge told her she was wasting his time as well as the courts time. Then he gave the 12 mo. probation sentence.

I dunno, all of this is so confusing to me. Thank you all for being here for me! It really helps to know that I'm not alone and have support!

trailmix-Thanks for reminding me that we WILL get through this! We were just really hoping it would be over much sooner than later. It is SO hard being up here with no family. I so desperately want to be back in the states so I can be around my family. I miss them so much! And now that we have kids, it makes it even harder. They don't have any family up here to visit or to visit them and it's just so sad. My daughter (3 yrs) always talks about her nana and wants to talk to her all the time. She wants to see her so bad and it is just so sad to me to know that we still have to wait a bit.

Ok, so what EXACTLY do I need to ask for when I contact the court again, since she obviously either misunderstood me or totally doesn't know what she's doing?

As for the waiver, we just fill that out and then take it with us to Montreal just in case? And is it up to the officer we talk to, to decide? Or is it already decided depending on the charge?

[trailmix 77]

We were just really hoping it would be over much sooner than later. It is SO hard being up here with no family. I so desperately want to be back in the states so I can be around my family. I miss them so much! And now that we have kids, it makes it even harder. They don't have any family up here to visit or to visit them and it's just so sad. My daughter (3 yrs) always talks about her nana and wants to talk to her all the time. She wants to see her so bad and it is just so sad to me to know that we still have to wait a bit.

Yeah, I knew you would be disappointed and that you are anxious to get a move on! However, now you know, or will know (when IR5 pops in, he's a bit like gazoo!) what you will have to do, then you will be able to get an approximate time on how long a waiver will take, if needed and THEN you will adjust accordingly as you will again have a timeline/approximate date when you can look forward to being with the rest of your family again

Edited October 28, 2007 by trailmix

[IR5FORMUMSIE 850]

We were just really hoping it would be over much sooner than later. It is SO hard being up here with no family. I so desperately want to be back in the states so I can be around my family. I miss them so much! And now that we have kids, it makes it even harder. They don't have any family up here to visit or to visit them and it's just so sad. My daughter (3 yrs) always talks about her nana and wants to talk to her all the time. She wants to see her so bad and it is just so sad to me to know that we still have to wait a bit.

Yeah, I knew you would be disappointed and that you are anxious to get a move on! However, now you know, or will know (when IR5 pops in, he's a bit like gazoo!) what you will have to do, then you will be able to get an approximate time on how long a waiver will take, if needed and THEN you will adjust accordingly as you will again have a timeline/approximate date when you can look forward to being with the rest of your family again

I've never been compared to a cartoon character. The Great Gazoo? Maybe more like Fred Flintstone or Homer Simpson.

Daisylynn, you will need to ask the court clerk for a certified copy of the court record. I am really angry with the judge. He should have thrown the charges out. I hate to ask another personal question but can you tell me how old DH was when he was (there are online age calculators) charged? I'm going to look into the problem from every angle. Nobody, especially small children, should ever be deprived of their nana!!!!