Jump to content
Sign in to follow this  
aclassic

Do I need a waiver

6 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: China
Timeline

This is my situation. In Feb 2003 I had an incident with my ex-wife which resulted in my being arrested to Assault/Domestic Violence. I know everyone says they are innocent and nobody wants to hear it, but it happens to be true. Anyway, it is something that I have to live with. In order not to go to trial and with my lawyers advice, I pleaded "No Contest". I paid my fine and did my community service. After completion of my probation and community service, the state of Texas dismissed my case which in essence means that I have "No Conviction".

I received an RFE on Saturday and the questions was asked if I have ever been convicted by a court of law, etc. My lawyer says that I have no conviction, however today I went to a well respected immigration lawyer who says that the Federal Government still considers it a conviction.

I have decided to check the block where it claims "Domestic Violence" and tomorrow I will get the necessary police reports and final judgements certified.

My questions is, do I still need to request or seek a waiver?

I've tried calling USCIS but got very frustrated with their electronic answering service.

Any help would be appreciated.

:help:

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: China
Timeline

Afer my third attempt, I managed to get a live person at USCIS. I explained my situation and they told me that I would not need a waiver. I'll get the necessary documents and will subment them with my RFE. I'll keep everyone posted.

I believe a waiver is only needed if you also fall under the 'multiple petitions' categeory.

Share this post


Link to post
Share on other sites
I believe a waiver is only needed if you also fall under the 'multiple petitions' categeory.

i believe in this situation, no multiple petitions, the only action that occurs is the beneficary is informed at the interview.


US Embassy Manila website. bringing your spouse/fiancee to USA

http://manila.usembassy.gov/wwwh3204.html

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: China
Timeline

Thanks! That is how I interpret this situation. I am also encouraged by the fact that USCIS informed me that no waiver would be required in my case. In any event, I plan on informing my fiance before the consulate interviews her. I don't want her to be blindsided and I want her to hear my side of the story. Additionally, my neighbor will be traveling to China and will meet with my fiance for the second time. He has first hand knowledge of what transpired and will vouch for my character. In the end, I think it will all work out. I just did not want and do not feel that it should be left to a third party to get into my personal business. This is something that I would have preferred to discuss with my fiance at a later date and in private. We have been together for almost two years now and have gone through a lot together. This is just another hurdle which we have to overcome.

I believe a waiver is only needed if you also fall under the 'multiple petitions' categeory.

i believe in this situation, no multiple petitions, the only action that occurs is the beneficary is informed at the interview.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...