dundeehighlander

Hi everyone, I am a UK citizen and my fiancé is a US citizen and we have been working on the initial I-129F form with the aim of completing it shortly. We have known each other for several years, evidence of our relationship is not a problem, however, she has two convictions, one for possession of drugs(a small amount) and a DUI. Both offences were more than thirty five years ago when she was really young, the first charge was meant to be expunged on completion of a course(which she did complete). Question 4 a. indicates that all offences have to be listed (which we will do), we plan to obtain a police criminal history report and if no records still exist (bearing in mind the length of time since the offences) try to get some kind of document from the court to prove this. All very stressed and not sure what documents will be acceptable to include in the pack. The offences were in the state of California. - San Bernardino District.

Any advice would be very much appreciated.

Thanks

Keith

Rete

Criminal past of the US Citizen will not be an issue with the Fiancee Visa nor with your AOS of status after the marriage.

Been a few years since I've read the I-129F but I would suggest you re-read it and note that you are the beneficiary of the petition and not the petitioner.

Rete

The question 2c asks

At least three convictions for crimes relating to a controlled substance or alcohol not arising from a single act. "

She has only had two so should she not be answering no instead of yes?

dundeehighlander

Hi Rete, thanks for your reply, appreciate it. It seems that since 2017 another question was added following Donald Trumps toughening up of the process. I have listed it below. As far as I can read, this question is for the petitioner and not me the beneficiary.

Rete

I don't see that this was President Trump's tightening up of the I-129F's ultimate Fiancee Visa but whatever.

I did read this earlier and it says "Any county" .... it does not say any country, including the US. I see it as asking about the US Citizen's criminal history outside of the US. The question regarding US criminal history was asked in Point 2.

BTW these questions were prompted decades ago by the IMBRA regulation. Too many USC males were bringing in brides while they had a criminal history of abusive behavior. It was instituted so that the foreign fiancée was aware of their past criminal history.

Now, I will step away and let others who have used the form recently, and have USCs fiancées with a criminal past, take this further.

BenK91

I don't see anything on the I-129F asking about the petitioners criminal past/history.

It's been two years since we filed out but I just did a quick comparison between our I-129F and the new one available on the USCIS website and it's pretty much the exact same form.

dundeehighlander

Hi BenK91, the criminal information is on Part 3 - Other Information. I am assuming that this relates any criminal history that the Petitioners has had and not mine, the Beneficiary?

Noorah101

Yes, Part 3 applies to the petitioner (the USC). According to the information you posted here, she can state "no" to 2a, 2b, and 2c.

Rene

Noorah101

There are no questions numbered 4a, 4b, etc on the I-129F.

Rene

dundeehighlander

Hi Noorah, thanks for your reply. Unfortunately there is a question 4a and 4b on the I-129F form in Part 3 - Other Information - see below the note information. Its this question 4 that is the sticking point

Item Number 4.a. Criminal Information. Indicate whether you have ever been arrested, cited, charged, indicted,
convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, for any offenses other than
those you have already outlined in the previous section. Unless a traffic incident was alcohol- or drug-related or involved
a fine of $500 or more, you do not need to provide information on it.

Item Number 4.b. Criminal History Documents. If you indicated “Yes” in Item Number 4.a., provide information
that explains the circumstances, places, dates, and outcomes for each incident of arrest, citation, charge, indictment,
conviction, fine, or imprisonment. You must submit court certified copies of the arrest record and/or disposition for each
incident unless you submit a certified statement from the court indicating that no record exists of your arrest, citation,
charge, indictment, conviction, fine, or imprisonment.

Noorah101

No there is not. Not that I can see. I am looking at the I-129F right now. Here's the link: https://www.uscis.gov/files/form/i-129f.pdf. And here is a screen shot of the entire Part 3 page:



I did a search within the I-129F document for any of the above text and found none.

Are you sure you're looking at the right form? Use the link I provided above.

Rene

dundeehighlander

Hi Noorah. firstly can I say, thanks for all the advice and comments, everything is much appreciated. The link that you added above seems to go to a dead link, maybe an old link? The link that I have is https://www.uscis.gov/i-129f

Keith

Noorah101

OK, you are right, I apologize. My link was to an older form, it seems.

Now that I see the correct form, what exactly is your question? The USC should answer all questions honestly and provide any documentation required. Most likely it won't prevent your immigration to the USA.

Rene

dundeehighlander

Hi Noorah, I was just wondering if anyone else had gone through this and what documents would likely be acceptable to cover the two offences.