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zebra3x

Deferred sentence and arrest

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A couple years ago, while I was in the process of finalizing my divorce, I dated a woman that was supposedly in the same situation. Come to find out later she was playing both sides and had no intention of getting divorced. Her husband found out about our relationship, and has been set on vengeance ever since. I had not had any contact with her for over 7 months (and I mean none...phone, text, email, physical contact...nothing) when he filed stalking charges alleging I had stalked her WHEN we were having a consensual relationship. I was arrested, but the charge was eventually dropped for lack of evidence. He pulled an end around and filed with another county. After almost a year of monthly court appearances, for which I had to travel almost 1500 miles each time to merely be counted present in the room, I plead guilty to misdemeanor stalking in exchange for probation and a deferred sentence. At the end of 3 yrs (2 1/2 years from now) my record will be expunged and nothing will remain. I simply could not afford to keep traveling...I was going to lose my job and I was out of money, and I could not afford thousands more in attorney fees. Also, the asst. DA was talking to another asst. DA and said "we don't really have any evidence, but we have to maintain a percentage of convictions to keep our federal funding, so we can outlast him". I did not see any way to keep up a useless defense with zero money in my pocket. This has literally eaten up all my savings and I had to cash in all my retirement funds prematurely.

Since this time, the husband has filed another charge, in yet another adjacent county, which has been dismissed for lack of evidence, but he is simply trying to tarnish my record and violate my probation. Now I am trying to get my pregnant fiancé into the US on a K1 visa, but have 3 arrest records (even though I voluntarily went in and was walked through without staying in the jail each time) and a deferred sentence for misdemeanor stalking. There was never any accusation of violence, only that I had followed this woman to Wal Mart one day...which I did, as we went shopping together. Anyway, am I out of luck here? I will of course disclose my record, but is some bureaucrat who doesn't really care going to rule me out because I plead to try and end this ordeal and get back to normalcy? I have had to delay filing just to scrape up the money to do so, after paying my back legal fees. What can I do? Will this disqualify me?

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You've been convicted of stalking. It makes no difference if your record will be expunged. In fact, it's impossible to make a record of a conviction vanish completely. The court can order it's records to be deleted, but federal law enforcement agencies will still have a record of it, as will private firms that specialize in background checks. You have to answer "Yes" to part C, question 2 on the I-129F, and you have to provide copies of all of the police and court records.

Compliance with the IMBRA is for the protection of the foreign fiancee. The law requires that she be told about your arrest record, and Department of State will provide her a copy of your petition, police, and court records. If you had committed a violent offense, and were requesting a waiver of the filing limitations (i.e., you had an approved I-129F within the past two years, or had submitted two or more I-129F's at anytime previously) then your waiver request could be denied based on the conviction. Since it wasn't a violent crime, it should have no effect whatever on your eligibility to file.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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I really don't know how to respond here but, I will...

Your story instantly raises flags with me. I had an ex-fiance do just what you are stating. She and I split up and she started dating some other guy. To "help" their relationship I was made to be a villain. I actually filed a police report where she had her boyfriend and impersonate a police officer and actually threaten my life. She in turn then filed a police report saying I was stalking her. I was accused of the following:

- Slashing tire ( ha! how high school )

- Broken Transmission ( other than shifting this is the extent of my transmission knowledge )

- Harassing texts ( well these are of course track able )

- Harassing emails ( well these are of course track able )

- Making it snow in Austin ( you might think I am joking... but I am not )

- Creating a Virus for her computer ( I wish I had skills of this caliber )

Now, all of these accusations were completely false and could not be proven ( I'm not even sure any of them happened ) however, when I found out I was accused I went to the police and the DA and stated my case and said if I was being accused I wanted due process. Of course when I went to the police they stated these were only her "accusations" and since my report was filed first, they were pretty sure she was just retaliating.

Now that you have some background, you have stated that this was done in multiple counties. Unless you live in one of the most bass akward states multiple counties will not prosecute unless there is convincing evidence. Now let me also state, that if you made repeated attempts to contact either of them just to say "stop the madness" that can constitute harassment, so you see where I am coming from. You also plead guilty, which makes you just that, guilty. In the eyes of the law you did it if you plead and say you did. Doesn't matter the circumstances of why you did, and may people claim money and resources as the reason. If it were me I would never plead guilty to anything I did not do.

I dont know what implications these may have on your case, but it seems likes these mistakes may actually continue to haunt you. A lot of what you said makes me think there is a lot more to this story. Someone in a official capacity may also think this. I would highly recommend seeking legal advise in this matter.


Just when we thought we winning the rat race... along comes a faster rat (i.e USCIS)

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First,

these charges and Plea, wont affect your ability to file.. You need to make sure your fiancee is aware of your record.

Second, although I have a hardtime believing the circumstances as you've stated in your post, I am not sure why the money issue is such a factor since there are public defenders, the other thing I have to believe is if you weren't actually in those counties where they claim the offence occured, why you can't produce an alibi or even witnesses that can attest to your where-abouts...

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Well, in reference to the different replies: #1, I stated that of course I would list this charge..I was never even asking about not stating it, only how it would affect my application. My fiance is well acquainted with these charges, because again, I have nothing to hide here, so that's not a problem. #2 pretty much exactly as you stated, it depends who files first. I had not had contact with this person, by my choice for months. The husband simply got mad because he found something she had written to me over a year previously, and called the police. She did not want to cause any trouble in her marriage, because she basically doesn't have to work, and just rides the gravy train, so she went along with anything he said, to not make waves. She has never filed anything, but HE has repeatedly filed charges, typing up statements and giving them to the police. When they question her, she doesn't even know what they said, but goes along with them to minimize the effect on her lifestyle, because they always question her in his presence. So, to cut to the point, he filed first, so I have been assumed guilty every step of the way. The only time the police ever talked to her without him sitting in the same room, doing all the talking, she contradicted everything he said. I have NEVER been asked my side of the story. Never contacted by police or district attorneys. As far as the multiple counties, they live in one county, I live in another, and our place of business was in a 3rd, so they just shop around until they get a sympathetic ear. They lie, and cry wolf first, so the new county, which knows nothing about the previous charges, files charges before they do any investigation. I don't know where you live, but here in Oklahoma, all they have to do is call and file charges, and they issue an arrest warrant. The last 2 times, after I found out there was a warrant, my lawyer called the DA and they didn't even have a report from the accusers, or any evidence yet, but they issued the arrest warrant. The mindset is to arrest first, then let the courts sort it out. The DA wants to keep up the conviction rate, in order to receive federal funds, so they do not hesitate to file charges on any accusation, and will just string you along. As I stated, all subsequent charges have been dropped by the DA for lack of evidence...but not until I was officially "arrested" again (by voluntarily reporting to be arraigned and processed). So, even without any evidence, I have multiple arrests on my record. During the preliminary hearings, they changed prosecuting DA's 4 times, and each time just meant that everything started over again. I was living in Mexico, as far from this person as I could reasonably get, with my fiance and her family (1500 miles away) but had to keep returning to show my face in court for these hearings, where they kept changing DA's. Also, I could not get a work visa to work in Mexico, because of the pending charges.

As to public defenders, you obviously don't know much about how the system really works. I too would have thought before this that someone could get a public defender if they did not have money, but that is not true. If you post bail, then the judge assumes you have money to pay a lawyer. I heard several judges say this to other defendants, while denying them, during my many trips to court when they asked for public defenders. My entire family has loaned me money, after I sold my house, car, and all my belongings to pay for legal fees. If you don't post bail, you stay in jail until they file actual charges...which can be 6 MONTHS. Also, as far as not admitting to something if you didn't do it, that's very nice and noble to say, but after a year and a half of bi-monthly court hearings, inability to be hired here or there, due to pending charges (and I had DOZENS of 2nd and 3rd interviews, even job offers...that were rescinded after a background check), and spending tens of thousands of dollars with NO income, I just wanted to get on with my life. I worked at the same place as the alleged victim, and so I quit my great job and moved away to try and prove that I wanted nothing to do with this person. I could not work or do anything due to these charges. Some probation, followed by an expunged record sounded pretty good to me at the time, just to get away from this mess....besides, I did not want to have any contact, so the one stipulation that I not have contact was a given. That also should go some way to show that I really don't want to have any contact....that I was willing to put my future on the line, where any contact would mean revocation of probation. My lawyer, who is very good and very well respected said "I know you didn't do anything, but honestly, against this system, this is the best you can hope for unless you want to spend another 2 years in court, and spend another $50,000.00." Its very easy to say you would never admit to something you didn't do, but go for a year without income, with thousands of dollars going out, unable to live where you want, or be with who you want to be with due to pending charges and court appearances, ane we'll see what you would do to be done with it. Anyway, I'll talk to a lawyer about this, but unless you have been in a situation where someone can simply make a phone call and have you arrested at whim, and then have to spend tens of thousands of dollars to defend yourself, while unable to work due to this same mess, maybe you should be a little less willing to judge. Its a catch 22. I know its hard to believe, so I don't blame you, and honestly I don't care if you believe me....its simply amazing that after not having any contact with this person for months, someone else, at another location can make a call and ruin your life.

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I am sympathetic to a degree and while this conversation can go in many directions the bottom line is this, your past is going to be very much an issue here I think. If we are questioning the validity of this story and we are not in the process of making the decision, what do you really think someone who's job it is to find fraud, protect the fiancees and look for "possible" issues will think?

If it were me, I would plan a move it mexico to be with my loved one. Leave this very damaged past in the US and start over there. I dont have nearly your checkered past and I know my fiancee and I discussed me moving to the Ukraine on many occasions. I'm not saying that is your only option but something to consider.


Just when we thought we winning the rat race... along comes a faster rat (i.e USCIS)

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Be glad you don't live in Canada. I was charged multiple times and if I did not plea guilty, the crown was going to ask the court to put me away for two years or more. The kicker in this is, it cost me well over 6K and I did absolutely nothing wrong. At that time I was going through a child custody battle and the ex. She was having me charged for any offence she could convince the police to charge me with. I did win the custody battle but Now, I have to go and explain all that #######, if and when we ever get an interview date.

It is easy to say that one would never plea guilty to something you have never done before, however, the way the system works, they play chess with your life and force you to make sacrifices that you can not avoid.


02 /09 Met on e Harmony

04/18/09 Met in person

Fell in love that same day.

05/22/10 Filed I129F

05/28/10 Noa1

06/07/10 Touch

09/30/10 Touch

10/05/10 RFE notice (did not submit firsts divorce decree)

10/17/10 Reply to RFE

10/27/10 RFERR

10/28/10 APPROVED!!!!!!!! :) NOA2

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