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Posted

I see I need to report all my convictions on my form. Does that mean every thing that I was convicted over my life time. All dui's, a couple misdemeanors from marijuana, all over 10 years ago and longer. All have been wiped clean on records. I was going to fill out K1 form myself but you think I should use a professional. I don't even know where to start to get all the dates and records for these offences.I was no saint in my younger days.

Posted

Are you the American spouse-to-be?

Then Form I-129F doesn't leave much wiggle room, does it, asking whether you have:

"Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act. Answering this question is required 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."

http://www.uscis.gov/files/form/i-129f.pdf

Posted

Answering this question is required 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."

http://www.uscis.gov...form/i-129f.pdf

The part about answering the question even if the record is expunged is horseshit. There are different levels of "sealing, "expungement," etc. But if it is truly wiped, thus "deemed not to have occured," don't re-open it. If your record is completely sealed or expenged it will not ever turn up on a criminal background check. If you mention it on an official form, you have just made a new public record of it. I had a couple of youthful (over 18) offenses that were expunged, and I have NEVER disclosed them on any form that contained such a requirement as shown above, including the Bar Association application. Yes, I am a lawyer. I thought it ironic that the offenses were legally "deemed not to have occurred," a legal fiction, but the Bar Association, a conglomeration of professionals that live by and thrive on the legal fiction don't respect it! At the time they were expunged, I asked the judge if I could now legally say I have never been arrested or convicted and he said "YES." I have always followed his good advice. It's a trick question.

Posted

It's important to understand that you're being asked about certain prior convictions not to judge whether you're suitable or not to act as sponsor.* You're being asked because the Federal government believes your spouse-to-be should know about your background; she'll be informed about the convictions at her interview. This is a fairly recent development enacted as part of the The International Marriage Broker Regulation Act of 2005; see sections 832-4. You'll have to "submit certified copies of all court and police records showing the charges and dispositions for every such conviction."

www.uscis.gov/files/pressrelease/IMBRA072106.pdf

*If you've filed prior K-1 petitions, then a record for some types of crimes may limit your ability to file subsequent K-1 petitions.

Posted

Answering this question is required 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."

http://www.uscis.gov...form/i-129f.pdf

The part about answering the question even if the record is expunged is horseshit. There are different levels of "sealing, "expungement," etc. But if it is truly wiped, thus "deemed not to have occured," don't re-open it. If your record is completely sealed or expenged it will not ever turn up on a criminal background check. If you mention it on an official form, you have just made a new public record of it. I had a couple of youthful (over 18) offenses that were expunged, and I have NEVER disclosed them on any form that contained such a requirement as shown above, including the Bar Association application. Yes, I am a lawyer. I thought it ironic that the offenses were legally "deemed not to have occurred," a legal fiction, but the Bar Association, a conglomeration of professionals that live by and thrive on the legal fiction don't respect it! At the time they were expunged, I asked the judge if I could now legally say I have never been arrested or convicted and he said "YES." I have always followed his good advice. It's a trick question.

ok thanks for info, I guess my next step is to contact all courts I have lived in and see if I have any records of convictions.

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