Arrested for domestic violence in the past

[TiklingGuy 211]

My fiancé has a friend that 2 weeks ago turned in his I-129F petition to Texas. He has not received his first notice yet. In his previous marriage, he was arrested for domestic violence and booked in jail. When he went before the judge, the judge dismissed the case and he was never convicted. On his I-129f petition he answer no to never being convicted of domestic violence. He did a background search on his name on the Internet and sure enough it pops up that he was arrested for domestic violence but the case was dismissed. Will this be a red flag to USCIS? Will they RFE him or will he get denial for not do disclosing the circumstances of the arrest? My fiancé told him that he should provide documentation about the arrest and that it was dismissed by the judge, and to write a motorized statement stating the events of what happened.

[feli1 0]

I had a domestic in '99 and my lawyer told me to disclose it just in case. I wish your friend luck

[geendee 0]

My fiancé has a friend that 2 weeks ago turned in his I-129F petition to Texas. He has not received his first notice yet. In his previous marriage, he was arrested for domestic violence and booked in jail. When he went before the judge, the judge dismissed the case and he was never convicted. On his I-129f petition he answer no to never being convicted of domestic violence. He did a background search on his name on the Internet and sure enough it pops up that he was arrested for domestic violence but the case was dismissed. Will this be a red flag to USCIS? Will they RFE him or will he get denial for not do disclosing the circumstances of the arrest? My fiancé told him that he should provide documentation about the arrest and that it was dismissed by the judge, and to write a motorized statement stating the events of what happened.

Just my little two cents.

I submitted a I-129F for my now wife who is here in the US adjusting status. I was also charged for Domestic violence relating to my first marriage. The question is have you ever been convivted. The answer is no. Like your friend. I was charged and never convicted, since matter was dismissed. I never encountered any problems. The answer is no, he has never been convicted. I understand your concern, it was one of mine too. My wife is now here and we never had any problems. Tell your boy to go for it and answer honestly. NO.

[Casprd 167]

He answered the question truthfully so it won't be an issue. It will come up in a background check but it will also show dismissed. Lots of people get arrested and charged with things that get dismissed so no worries. He can always prepare a notarized letter explaining the situation and his fiancee can have this with her at the interview. The VO may tell her about the DV charge. Not sure if this is just for convictions or not, but if she has the notarized letter then it is clear that she is aware of this and won't cause any problems for her.

[3t3rnal 3]

he hasn't got his noa1 yet, so it could just be that he sent in wrong amount of payment

i sent in $350 instead of $340 and waited 2+ weeks for a noa1 just for uscis to resend my whole packet back to me telling me that i need to send in the right amount for them to process it

[Tim/Mav 305]

My fiancé has a friend that 2 weeks ago turned in his I-129F petition to Texas. He has not received his first notice yet. In his previous marriage, he was arrested for domestic violence and booked in jail. When he went before the judge, the judge dismissed the case and he was never convicted. On his I-129f petition he answer no to never being convicted of domestic violence. He did a background search on his name on the Internet and sure enough it pops up that he was arrested for domestic violence but the case was dismissed. Will this be a red flag to USCIS? Will they RFE him or will he get denial for not do disclosing the circumstances of the arrest? My fiancé told him that he should provide documentation about the arrest and that it was dismissed by the judge, and to write a motorized statement stating the events of what happened.

This is what should happen in this circustance to Satisfy USCIS about what will show in Background Check. How would I know? I been through it. RFE (21 years ago but it shows charges dropped or not)

An Arrest for Domestic Violence/Booked in Jail will show whether Dismissed or Not.

A Notorized Document is WORTHLESS stating: The charges were Dismissed.

What USCIS will require is a Certified Copy from the Court Clerk with a Seal/Stamp dated and signed by the Court Clerk in INK and Original Copy ONLY.

This will require your friend make a trip to the Courthouse and pay a small fee to the County Clerk for Original Documentation of the above.

There is no reason to state the events of what happened and get it Notorized. Casey Anthony could write a letter to herself and get it Notorized she did'nt kill her daughter. (Forgive me for that)

[Ironman140 45]

Your forgiven

She could also admit she did it and nothing could change now, double jeopardy

Lady justice was blind on this one. Or the Jurors. Will let you decide

This is what should happen in this circustance to Satisfy USCIS about what will show in Background Check. How would I know? I been through it. RFE (21 years ago but it shows charges dropped or not)

An Arrest for Domestic Violence/Booked in Jail will show whether Dismissed or Not.

A Notorized Document is WORTHLESS stating: The charges were Dismissed.

What USCIS will require is a Certified Copy from the Court Clerk with a Seal/Stamp dated and signed by the Court Clerk in INK and Original Copy ONLY.

This will require your friend make a trip to the Courthouse and pay a small fee to the County Clerk for Original Documentation of the above.

There is no reason to state the events of what happened and get it Notorized. Casey Anthony could write a letter to herself and get it Notorized she did'nt kill her daughter. (Forgive me for that)

[TiklingGuy 211]

This is what should happen in this circustance to Satisfy USCIS about what will show in Background Check. How would I know? I been through it. RFE (21 years ago but it shows charges dropped or not)

An Arrest for Domestic Violence/Booked in Jail will show whether Dismissed or Not.

A Notorized Document is WORTHLESS stating: The charges were Dismissed.

What USCIS will require is a Certified Copy from the Court Clerk with a Seal/Stamp dated and signed by the Court Clerk in INK and Original Copy ONLY.

This will require your friend make a trip to the Courthouse and pay a small fee to the County Clerk for Original Documentation of the above.

There is no reason to state the events of what happened and get it Notorized. Casey Anthony could write a letter to herself and get it Notorized she did'nt kill her daughter. (Forgive me for that)

Lol! that Casey is a crazy person! So if he was not convicted then he would not require anything unless it comes up on RFE?

he hasn't got his noa1 yet, so it could just be that he sent in wrong amount of payment

i sent in $350 instead of $340 and waited 2+ weeks for a noa1 just for uscis to resend my whole packet back to me telling me that i need to send in the right amount for them to process it

He only filed 2 weeks ago, I believe he receive his slip from mailman saying it was received. But no First notice of action.

[TiklingGuy 211]

Thank you for all replies, I will pass your info along to friend.

[Adil & Jeanne 296]

He needs to have this esponged from his reacord. that can be done at the court house clerk and involves a fee. It is worth getting the arrest record off. the criminal backgorund check does not state if convicted or dismissed. It just states charged and arrested in this case. so, he really needs to get it dismissed.

[Tim/Mav 305]

Lol! that Casey is a crazy person! So if he was not convicted then he would not require anything unless it comes up on RFE?

NO DEX. Thats Not what I said: This is what it means:

Convicted or Not Convicted it will show.

USCIS knows how to read a Criminal File. Since it was not a conviction then you would think Nothing to worry about.

It would just seem safer to me to get Certified Proof from the Courthouse and be prepared is all. I don't know if the 129-F was already submitted?

The key word: Domestic Violence; I don't think I would anticipate a RFE for a Non-Conviction.

I would still tell your friend to go to the Courthouse and have them pull the File and see what is written to be safe. That what USCIS will see later.

[Tim/Mav 305]

He needs to have this esponged from his reacord. that can be done at the court house clerk and involves a fee. It is worth getting the arrest record off. the criminal backgorund check does not state if convicted or dismissed. It just states charged and arrested in this case. so, he really needs to get it dismissed.

Nothing is EXPONGED FROM USCIS/HOMELAND SECURITY.

NOTHING !

[TiklingGuy 211]

NO DEX. Thats Not what I said: This is what it means:

Convicted or Not Convicted it will show.

USCIS knows how to read a Criminal File. Since it was not a conviction then you would think Nothing to worry about.

It would just seem safer to me to get Certified Proof from the Courthouse and be prepared is all. I don't know if the 129-F was already submitted?

The key word: Domestic Violence; I don't think I would anticipate a RFE for a Non-Conviction.

I would still tell your friend to go to the Courthouse and have them pull the File and see what is written to be safe. That what USCIS will see later.

Oh ok, I see. He did submit I-129F already, but it was only 2 weeks ago. I will pass on what you say about the certified proof. Thank you Tim

[clarence954 20]

it's not going to be a problem but it could be a little delay if the person reviewing the k1 package wants a deposition(50/50), so just to be on the safe side you should tell your friend to go down to the local court house and get a notarized copy of his deposition just in case they sent him a rfe for it. like I said before

it's a 50/50 chance they will ask for it so it's better to have a copy of it.

[Tim/Mav 305]

it's not going to be a problem but it could be a little delay if the person reviewing the k1 package wants a deposition(50/50), so just to be on the safe side you should tell your friend to go down to the local court house and get a notarized copy of his deposition just in case they sent him a rfe for it. like I said before

it's a 50/50 chance they will ask for it so it's better to have a copy of it.

County Clerks do not Notorize Depositions and neither does Wal-Mart.

The Legal System was tried and a verdict. Guilty or Not Guilty.

County Clerks Attest/Seal/Sign Final Documentations of Records.

Respectfully.