Shoot.....ah Will this be a issue?....

[yankepeach 2]

Okay about 15 years plus ago I was arrested for domestic violence. The poor cop was apologizing to me for having to arrest me because even he knew it was insane. The x had a scratch less then 1/2 of inch on his throat. I on the other hand....well the entire right side of my face was black and green. The elephant man held nothing on me and the swelling of my face. I miscarried the child I was pregnant with, had several broken ribs, and my nose was broken. So once this was taken to court quite literally it was laughed out of it. The judge even apologized to me for having to put me through the total waste of tax payers money. He also told the X several things as well. Long and short.....I was arrested but never in any way convicted of DV. Soooooo will this be a issue on our 129F petition? Jimminny Christmas I just thought of this as it was so long ago and I certainly never get into trouble....well I get a speeding ticket once in a blue moon but you get my drift.

[az110965 252]

Okay about 15 years plus ago I was arrested for domestic violence. The poor cop was apologizing to me for having to arrest me because even he knew it was insane. The x had a scratch less then 1/2 of inch on his throat. I on the other hand....well the entire right side of my face was black and green. The elephant man held nothing on me and the swelling of my face. I miscarried the child I was pregnant with, had several broken ribs, and my nose was broken. So once this was taken to court quite literally it was laughed out of it. The judge even apologized to me for having to put me through the total waste of tax payers money. He also told the X several things as well. Long and short.....I was arrested but never in any way convicted of DV. Soooooo will this be a issue on our 129F petition? Jimminny Christmas I just thought of this as it was so long ago and I certainly never get into trouble....well I get a speeding ticket once in a blue moon but you get my drift.

Welcome to VJ!

Short answer to your question is that your arrest for DV will be an issue due to IMBRA law, but it sounds like an easily solvable problem...

Make sure that you have ALL the records from your arrest, including the disposition of your court case. You can include all this information wit your initial filing of the I-129F (called "front-loading") or wait until you receive a RFE and send it at that time.

If what you've stated in you post is the entire story, you'll not have any problems. ***Make sure you disclose this incident to your fiancce, becausepart of IMBRA law is that the Consulate will tell him".

Good luck,

Alan

[az110965 252]

Sorry -

I just read your timeline and saw that you have already submitted your I-129F. I hope you answered truthfully on the form where it asks whether you've ever been arrested for DV (or any of the other crimes specified)...

You will receive an RFE for evidence pertaining to teh arrest. just provide what USCIS asks for and you'll be fine.

Alan

[Bernie C 24]

I don't think you should have any issues. I'm very sorry about what happened, that is horrible. Glad to see you are on a journey to happiness again.

My situation was a bit different but similar (I am male). My wife was having an affair and wanted me to get out of the house. I refused to leave and tryed to talk her into marriage counseling. She refused. (She was a nurse and having an affair with a doctor - I was just a low life nobody - according to her - actually I was the Maintenance Supervisor at a health care facility which I thought was pretty respectable). Anyway - she went to the police and made up a story - one day the sherrif deputies came to my place of employment to serve me with a pfa. I was shocked and dumbfounded. The deputies were very nice - they didn't judge me and we talked quite a bit. They said this type of thing happens and they have to do their job. I understood and met them after work to get my belonging and moved to a hotel and then stayed with a friend and his family. When we had our day in court the judge threw me out of my own home - no evidence or proof of anything - just get out. I consulted a lawyer and he advised me not to fight it - he said he'd be happy to take my money but the chance was 99.9% we would lose because Virginia was a State "for the woman". About a month later I moved back to Pennsylvania and soon after the "ex" followed. We divorced and she married the scum bag she was having the affair with. While I was never convicted of anything and never arrested I was served with a pfa. That was back in the early 90's and when I filed my petition in 2009 I had forgot all about it. It never came up during the process. Actually I had forgotten all about it till I read your post! A time of the past I want to leave behind me and out of memory. I am happily married now (3-31-2010) to my wonderful and beautiful "alien".

Wish you the best on your journey

[yankepeach 2]

Sorry -

I just read your timeline and saw that you have already submitted your I-129F. I hope you answered truthfully on the form where it asks whether you've ever been arrested for DV (or any of the other crimes specified)...

You will receive an RFE for evidence pertaining to teh arrest. just provide what USCIS asks for and you'll be fine.

Alan

It ask ....2. Have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for any of the

following crimes: Domestic violence.

I was not convicted. Not even close. It does not ask if I have been arrested for DV. So....I didn't answer yes.

[joevegas 67]

But It does ask If you have ever been arrested..and if there is a record of it anywhere,and they find it,and you did not disclose it,you can be denied for misrepresentation...and banned for life..

[K and L 27]

Short answer to your question is that your arrest for DV will be an issue due to IMBRA law, but it sounds like an easily solvable problem...

It's a non-issue in this case. The forms specify convictions, not arrests. You can be arrested for breaking every law in the country, but if you're not convicted, IMBRA doesn't apply. Even if she had been convicted, it sounds as though she has a good case for claiming self defense.

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

following crimes:

• Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse or stalking. (Please refer to page 3 of
  the instructions for the full definition of the term "domestic violence.)
  
• Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage,
  holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment or
  an attempt to commit any of these crimes, or
  
• 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. Using a separate sheet(s) of paper, attach information

relating to the conviction(s), such as crime involved, date of conviction and sentence.

Edited May 11, 2010 by K and L

[K and L 27]

I was not convicted. Not even close. It does not ask if I have been arrested for DV. So....I didn't answer yes.

Don't worry. You weren't convicted, therefore you were truthful, and it won't be a problem. HOWEVER, that said, it's a good idea to disclose it to your fiancé if you have not already, as it is something that could come up at the interview. UK is a pretty easy consulate, so they won't be looking for an excuse to deny, but if they think your previous arrest for domestic violence could be a red flag, they may bring it up.

[yankepeach 2]

Don't worry. You weren't convicted, therefore you were truthful, and it won't be a problem. HOWEVER, that said, it's a good idea to disclose it to your fiancé if you have not already, as it is something that could come up at the interview. UK is a pretty easy consulate, so they won't be looking for an excuse to deny, but if they think your previous arrest for domestic violence could be a red flag, they may bring it up.

Thanks! I was getting a bit worried there even though I had read and re read what it says. And my fellow knows all about it those events. And whats more, I still have a active restraining protection order against the ex. And I am a school bus driver as well. I have had the F.B.I Background check done on me several times over the last ten years so I didn't think anything of this until something I read clicked and then of course the panic set in....lolol Thanks again for all y'alls answers.

[yankepeach 2]

But It does ask If you have ever been arrested..and if there is a record of it anywhere,and they find it,and you did not disclose it,you can be denied for misrepresentation...and banned for life..

Im sorry but please if you could show me were it ask if arrested.....I cant find that anywhere. If its there I want to know about it so I can prepare myself to deal with the issue should it become one.

[joevegas 67]

Im sorry but please if you could show me were it ask if arrested.....I cant find that anywhere. If its there I want to know about it so I can prepare myself to deal with the issue should it become one.

[joevegas 67]

it's on One of the forms,I think The DS-156,It asks if you have ever been Arrested "or" convicted for any offense or crime,even though subject of a pardon amnesty or other similar legal action...But don't sweat it,I had an arrest for causing a disturbance 27 years ago,but there's no court records of that arrest,and I was all paranoid and most people on here were telling me how I need court records and such,and It's going to be a problem for me...When I got to the interview,the lady just thanked me for bringing it to there attention and moved on....gues Its up to you if you wanna disclose it..

[Bernie C 24]

it's on One of the forms,I think The DS-156,It asks if you have ever been Arrested "or" convicted for any offense or crime,even though subject of a pardon amnesty or other similar legal action...But don't sweat it,I had an arrest for causing a disturbance 27 years ago,but there's no court records of that arrest,and I was all paranoid and most people on here were telling me how I need court records and such,and It's going to be a problem for me...When I got to the interview,the lady just thanked me for bringing it to there attention and moved on....gues Its up to you if you wanna disclose it..

Apples and Oranges

The DS-156 would be applicable to the alien immigrant

The I129f would be applicable to the petitioner

Don't get them confused!

[joevegas 67]

Apples and Oranges

The DS-156 would be applicable to the alien immigrant

The I129f would be applicable to the petitioner

Don't get them confused!

Ooops sorry,your right,got these 2 people backwards...

[yankepeach 2]

Think I shall stick with what directly pertains to me and requires my signature. I believe the DS 156 has doing with my fiance and not me directly. So as to have I been arrested would not qualify. Secondly the FBI back ground check I have to have done periodically shows up everything I have ever done or been ticketed for. So if they ask for it I would disclose it. Not that I would be afraid to do so as I have plenty of documentation that covers me in any way.

Thanks for all y'alls input as you have been able to ally my panic moment and now have a better grip on what they were asking for. I shall be ok with this one.