RFE FOR CRIMES NEVER COMMITTED!!!!

[MKCT 0]

I'm very nervous, crying and mad right now but I'll try to make it short, sorry if there are any typos.

My fiance is the USC. We know each other since 2005 and filed for K1 and was received on Nov. 9, 2006. He had never committed any crimes NOTHING! He's CLEAN! He did had 1 DUI over 10 years ago but since it's too old and only one it doesn't count. It will only affect if it was three or more times. Anyways, nn Nov. 28, 2006 they sent us a RFE saying...

On page 3 of form I-129F you checked off all the boxes on question 2 pertaining to crimina convictions

Criminal Conviction Documents: From the record submitted it appears that you have been convicted of one or more of the following crimes:

-Domestic violence, sexual assault, child abuse and neglect, datin violence, elder abuse and or stalking

-Homice, murder, manslaughter, rape abusive sexual contact, sexual esploitation, incest ,torture, traffiking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisoment or an ttempt to commit any of these crimes

-Crimes relating to controlled sustance or alcohol on three or more occasions and such crimes did not arise from a single act (rather than different acts on different occasions.)

First thing we realized we made a mistake filling the forms. He never commited any crimes! nothing what so ever!!!!So what we did is we got CERTIFIED COPY OF THE POLICE REPORT, CERTIFIED COPY OF LAST DISPOSITION OF JUDGE and some other paper, i can't remember, I think it was a police record from where he was living for the past 3 years and one report or record from his county stating he has never commited crimes, he's clean.

Anyways, he's clean and even though they got all those documents we sent, they denied the petition on March 13, 2007 saying this:

Section 214 (d) of the Act states in pertinent part:

A visa shall not be isued under the povisions of section 101(a)(15)(K)(i) until the consular officer has recievd a petition filed in the united states by the fiancee or fiance of the applying alien and approved by the secretary of homeland security. The petition in such from and contain such information as the secretary of homeland securityshall, by regulation prescribe. Such information shall include information on any cirminal convictions of the petitioner for any specified time.

On form I-129F you were asked the following questions?

2. Have you ever been convicted by a court of law (civil or criminal) or court marshaled by a military tribunal for any of the following crimes...(all the above)

3. If you have provided information about a conviction for crime listed about and you vwere being battered or subjected to extreme cruelty by your spouse, parent, or adult child at the time of your convictio, check all the following that apply to you.....

You then submitted a form I-129F with all of the boxes checked off to both questions 2 and 2.

Therefore in a Notice of action dated Nov 28 2006 (that was the RFE) you were resquersted to submit certifed copies of all court and police record showing the charges and dispositions for every such conviction. This is requried even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record....

Your response, recieved by this office on January 25,2007, included an Incident Report and Certificate of disposition for the charges of unsafe lane move, speeding, DWI and DWAI. You also submitted a letter from the Department of Public Safety from Westchester County, which states that a review of their criminal records failed to disclose any adverse information from "MY FIANCE'S NAME".

How ever, you haven't submitted all the disposition for the criminal convictions you check off that you had. The letter form the departme of public safety clearly notes that the records of that deparment don't relfect if you have been arrested by any state, local or federal law enforcement agencies. Further that inquiry was based upon name check only and is not supported by a fingerprint comparison. Therefore, the letter sumitted doesn't stablish that you checked off any of the boxes in error on questions 2 and 3 of page 3 on From I-129F...

Bla bla bla....they gave us these booklet to appeal. But he has never commited crimes!!!

We didn't and hired an attourney, a friend helped him out and advice to mark one of the boxes due to his DUI! (In that time we didn't know that when it's that old and no more than three it didn't matter)

Anyways, that happened on march 13, 2007.

On April we got a lawyer and told us that we could send a new petition because appealing was gonna take longer. up to a year. So we filed again and he said not to check all those crimes questions, first because he has never commited anything and second, cause it doesn't matter he had one cause it's too old and over ten years plus USCIS says that it only matter when you have three or more (it's on the letter) so we didn't mark anything on those boxes.

After 6 months since we filed our second petition (Recieved on May 9, 2007) they gave us a RFE saying....

It is noted however that in a prior I-129f...you checked YES to all of the civil/criminal convictions section of page 3, partc C, other information, numbers 2 and 2. These same sections on your present fiance petition....are not checked at all...please explain the difference on 2 separately filed petitions.

Page three part C other information Question 2 of form I-129F

2. Have you ever been convicted by a court of law (civil or criminal) or court marshaled by a military for any of the following crimes.

This questions requires a yes or no answer

Please indicate YEs or NO to question @ sign with an original signature.

YES....... OR NO..........

We don't understand!!! He's clean!! And they know that cause we got all this documents and sent them back january this year replying the RFE they gave us last november 2006. Don't they checked all the report we sent and check on their databases that he is clean? Do they keep the documents we sent them replying the RFE, certified police reports, disposition of judge, etc?

I hope you can help me out here please, SOMEONE! I don't want to make the same mistake and get a denial!!!! We want do things right.

Our lawyer is waste, no help at all and he's not even listed under our case but I'm calling him tomorrow and also VSC.

What I thought is to mark NO, the truth, and send the letter stating the mistake he made on the prior petition and that he sent all the police record, dispositiion of judge, etc. on January in reply to the RFE they sent us and that he didn't checked anything on this petition cause he's clean!!! They must now that cause they got his records!!!! But this letter should be certified? Will they think he's lying!!! I don't know what other proves to get!!! Maybe I'm missing something here!!!

We need to move fast, I'm scared to call USCIS maybe they won't know what to tell me, customer service gives bad information sometimes!!! One person from Customer Service once told me they won't asked for RFE if they asked for it the last time! WRONG!

They also told me if they haven't issue a RFE in 5 months, they won't give us one! WRONG!

I'm very worried here, please! This is a big mistake and I need to solve it ASAP, my fiance is giving up cause he thinks this is all BS and that nobody gives a F about these case! He is very pissed off at everything and doesn't trust anything anymore, lawyers, USCIS, VJ!!! :cry:

I wish I could've found VJ last year or even this year before filing our current petition.

Any kind of help will be appreciate it.

If someone can help me and would like to see the old and new RFE's letter, send me a message.

Thanks guys! :cry:

Mirla.

[WiL and ShAi 0]

Mimi, stay strong, ok??? Everything's gonna be fine...

Please anyone, let's help Mimi!! She needs our advice about their situation!!!!!

[Dakine 26]

Being that it's already in the USCIS data system. I suggest you get another lawyer.

Not and easy thing to overcome saying!

Oops I didn't mean to say that the first time and not doing so the second. That's the way they probably look at it.

USCIS considers that fradulent.

Might be different if the same people were reviewing the second time around but that's normally not the case.

Edited November 6, 2007 by Haole

[MKCT 0]

Being that it's already in the USCIS data system. I suggest you get another lawyer.

Not and easy thing to overcome saying!

Oops I didn't mean to say that the first time and not doing so the second. That's the way they probably look at it.

USCIS considers that fradulent.

Fraudulent? We sent police records, reports, disposition of judge, records from the whole county where he lived all his life.

What can another lawyer do for me?

[Seattle2Cebu 0]

Do some research and make phone calls and go visit attorneys until you find one that KNOWS IMMIGRATION

and has experience. Dont know your resources financially, but you need a good attorney.

Being that it's already in the USCIS data system. I suggest you get another lawyer.

Not and easy thing to overcome saying!

Oops I didn't mean to say that the first time and not doing so the second. That's the way they probably look at it.

USCIS considers that fradulent.

Fraudulent? We sent police records, reports, disposition of judge, records from the whole county where he lived all his life.

What can another lawyer do for me?

Do some research and make phone calls and go visit attorneys until you find one that KNOWS IMMIGRATION

and has experience. Dont know your resources financially, but you need a good attorney.

Being that it's already in the USCIS data system. I suggest you get another lawyer.

Not and easy thing to overcome saying!

Oops I didn't mean to say that the first time and not doing so the second. That's the way they probably look at it.

USCIS considers that fradulent.

Fraudulent? We sent police records, reports, disposition of judge, records from the whole county where he lived all his life.

What can another lawyer do for me?

[Jason-Sasha 1]

Oh my, Mirla... I'm very sad for you right now, but I must encourage you to remain as strong as you have all this time. I really hope that someone can help you. I have no idea how this can be happening. I wish I understood this process more. I hope you find a resolution quickly. You deserve an approval right now. If you keep fighting you will win. but I'm concerned with Patrick giving up. You gotta keep him active with this. He's the only one who can change this. Good luck, I'll keep my fingers crossed for you that you will find someone who can assist you....

Edited November 6, 2007 by Jason-Sasha

[MKCT 0]

Thanks Jason! I've lost my stregth many hours ago....I cried so much cause this is something so stupid! A huge mistake! Of course we are gonna say NO to that letter cause it's the truth....I've been very strong so far and I'm not giving up.

I also wish I knew more about this process but hopefully someone will post a magical answer!

Edited November 6, 2007 by Mirla

[Jason-Sasha 1]

I read your post once again. Because I just felt so confused the first time. Is it simply because you answered certain questions differently the second time filing? Do they think you are trying to file again by answering them differently to avoid denial? I mean, you ARE but its not fraudulent. If its an RFE, there must be a solution that can get you an approval. At least its not a denial. I think that all evidence you can gather to support your claim that he is clean as a whistle, should be sufficient. I cant imagine that you'd have to pay out thousands to a hotshot lawyer to send the same evidence that you would. or make the same phonecalls that you would, etc. Damn! I just don't understand. It must be a mistake. I mean, I'm sure you know EVERYTHING about each other's background, so there's no possible way he has anything he's keeping from you. He filed twice! Just dont get it. They are such idiots there. I'll be watching your progress closely and hoping for you all the time. Hang in there.

[TracyOz 0]

WOW Mirla... that is so bad...

I think that your file is one that you should take to the ombudsman..

here is a link to the page, and if you go about half way down it says "CONTact the CIS Ombudsman" and there is a clickable link for "Case Problems"

with everything that I was reading about over there, I definitely think that your situation falls into an area that they would be interested in following up on.

OMBUDSMAN LINK

I hope that it might help and keep us all informed.

Tracy

[BYRON-LEIDY 0]

I read your post once again. Because I just felt so confused the first time. Is it simply because you answered certain questions differently the second time filing? Do they think you are trying to file again by answering them differently to avoid denial? I mean, you ARE but its not fraudulent. If its an RFE, there must be a solution that can get you an approval. At least its not a denial. I think that all evidence you can gather to support your claim that he is clean as a whistle, should be sufficient. I cant imagine that you'd have to pay out thousands to a hotshot lawyer to send the same evidence that you would. or make the same phonecalls that you would, etc. Damn! I just don't understand. It must be a mistake. I mean, I'm sure you know EVERYTHING about each other's background, so there's no possible way he has anything he's keeping from you. He filed twice! Just dont get it. They are such idiots there. I'll be watching your progress closely and hoping for you all the time. Hang in there.

Mirla...do everything i told you!! I will get you the number for the immigration lawyer...One thing that Jason says makes A LOT of sense...you got a RFE, not a denial...if you get them what they want you will have your approval!!!!!!!!!!!

[MKCT 0]

Thanks guys! Jason and Byron, you're right but I'm afraid if I send again the same evidence I sent on the last petition that shows he's clean, they will deny it again...why!? I don't know! I mean, whatelse can we send besides what we sent, CERTIFIED COPIES OF POLICE REPORT, LAST DISPOSITION OF JUDGE, POLICE REPORT FROM HIS TOWN AND RECORD OR REPORT FROM COUNTY!!!!

I know EVERYTHING about him and he knows everything about me. Even if he had done something bad he would've told me and try to solve the problem on the last petition you know but the thing here is that HE'S CLEAN! I lived with him first for 2 months, then visited him again and then lived with him again for almost 6 months, he's been to Peru...I mean...it's not like I met him 2 months ago and I saw him only once....We've been together since august 2005!

Thanks TracyOz...I wanna take a look at it but the link is not working

Edited November 6, 2007 by Mirla

[BYRON-LEIDY 0]

Thanks guys! Jason and Byron, you're right but I'm afraid if I send again the same evidence I sent on the last petition that shows he's clean, they will deny it again...why!? I don't know! I mean, whatelse can we send besides what we sent, CERTIFIED COPIES OF POLICE REPORT, LAST DISPOSITION OF JUDGE, POLICE REPORT FROM HIS TOWN AND RECORD OR REPORT FROM COUNTY!!!!

I know EVERYTHING about him and he knows everything about me. Even if he had done something bad he would've told me and try to solve the problem on the last petition you know but the thing here is that HE'S CLEAN! I lived with him first for 2 months, then visited him again and then lived with him again for almost 6 months, he's been to Peru...I mean...it's not like I met him 2 months ago and I saw him only once....We've been together since august 2005!

Thanks TracyOz...I wanna take a look at it but the link is not working

Just give them what they want!! Its 2 different petitions...explain what happened in the firstone and what happened in this one...Mirla yu did not get DENIED...remember that!!!!! Its a RFE.....Send everything in again with a detailed explanation as to what has happened!!!

[RosemarieL 0]

Did you also send a letter explaining that a mistake was made on the first submission and that the new submission was made on the advice of a lawyer. Perhaps it might be worth adding such a statement/explanation and getting that notarised as well as resubmitting the proofs of a clean record.

[WiL and ShAi 0]

Byron and Jason are right Mirla... Just give them what they want and detailed explanation! DAMN USCIS!!!!!!!!!!!!! BULLSHIT!!!!!!!!!!!!

Edited November 6, 2007 by wilson and shai

[MKCT 0]

Hey Rosemariel, thanks for your post. To tell you the truth when we first got in touch with this lawyer, we explained everything and he said he was gonna take care of it and write a letter...I can't really remember now but he said he was gonna let USCIS know about the last petition if I'm not wrong. But that is the first thing I'm gonna ask tomorrow morning. I'm not gonna waste my money for nothing..I'm gonna bust this @sshole balls as much as I can until he makes me thinkl it was worth to had paid that amount of money.

They are also requesting a letter explaining on why he checked the boxes on the first petition and why not on the second one. So we are gonna write the letter and will it be ok/necessary if we get it notarised!?!?!?

Come on people! Vets, newbies everyone who can have and idea about this just drop a comment with sense here. I'm wanna move as fast as I can. I know this is not a denial but we want to do the right think cause it's like this is the last chance to do it. They can't deny a fuckin petition under incorrect information.

Edited November 6, 2007 by Mirla