Do criminal accusations cause a problem for the K1?

[Bornie 0]

So i have a case on me, they are not done with the case and i am not sentenced or anything, i do have a clean record.

I might be declared innocent but who knows. Should i tell the interviewer that or what? there are two charges, the one was dropped and the other one is under investigation and have been that since 2010. My previous GF accused me for domestic violence, (she got this thing Bipolar) and everytime she tried to hurt herself i had to step in and take the knife or the object from her, wiched i had to do with force, and then she accused me for domestic violence.

Shall i declare it to the interviewer? i am not sentenced, i am not trying to run away from it, and since i haven`t been sentenced to jail i am free to leave the country

What shall i do?

[Andy & Sue 31]

So i have a case on me, they are not done with the case and i am not sentenced or anything, i do have a clean record.

I might be declared innocent but who knows. Should i tell the interviewer that or what? there are two charges, the one was dropped and the other one is under investigation and have been that since 2010. My previous GF accused me for domestic violence, (she got this thing Bipolar) and everytime she tried to hurt herself i had to step in and take the knife or the object from her, wiched i had to do with force, and then she accused me for domestic violence.

Shall i declare it to the interviewer? i am not sentenced, i am not trying to run away from it, and since i haven`t been sentenced to jail i am free to leave the country

What shall i do?

It asks if you have ever been ARRESTED, cautioned, convicted etc. Which you obviously have so yes you must disclose it. Even though it is not yet finalised you need to. Domestic Violence is not necessarily a crime involving moral turpitude. It depends on the circumstances, and you have mitigating ones. Never lie or bend the truth or it is likely to bite ya back later down the line.

[NY_BX 397]

So i have a case on me, they are not done with the case and i am not sentenced or anything, i do have a clean record.

I might be declared innocent but who knows. Should i tell the interviewer that or what? there are two charges, the one was dropped and the other one is under investigation and have been that since 2010. My previous GF accused me for domestic violence, (she got this thing Bipolar) and everytime she tried to hurt herself i had to step in and take the knife or the object from her, wiched i had to do with force, and then she accused me for domestic violence.

Shall i declare it to the interviewer? i am not sentenced, i am not trying to run away from it, and since i haven`t been sentenced to jail i am free to leave the country

What shall i do?

In what stage of this process are you? If your petitioner just filed for you, you have to do nothing. They will discover it as they will fingerprint you and do a background check on you. If you are past that, yes, you must tell the interviewer because you will be asked to swear over the responses on the DS 230. That form asks about arrests, cases and convictions. You must tell the truth and have documentation of the positive outcome.

[Bornie 0]

In what stage of this process are you? If your petitioner just filed for you, you have to do nothing. They will discover it as they will fingerprint you and do a background check on you. If you are past that, yes, you must tell the interviewer because you will be asked to swear over the responses on the DS 230. That form asks about arrests, cases and convictions. You must tell the truth and have documentation of the positive outcome.

We are waiting for our NOA2, so am i gonna disclose it on the NOA2 papers?

thank you so much guys.. i appreciate it

[NY_BX 397]

We are waiting for our NOA2, so am i gonna disclose it on the NOA2 papers?

thank you so much guys.. i appreciate it

Ok, so you're in the waiting period. Yes, once you receive the packet, you will be obliged to disclose it. These are not NOA2 papers. These are your visa application papers. What your fiancee did was petition for you. USCIS determines her elegibility to receive this privilege. Once she is approved, then you apply for a visa. Her approval does not mean you are approved.

So the packet contains several forms to fill out, instructions on how to obtain the documents you will be required to submit, instructions to get a medical check and photos you must take. Also, you need to pay an interview fee. They will fingerprint you and run it through their database. So, do not lie. They will know about it. If you lie, not only they'll deny your visa, it may trigger a ban.

Edited January 4, 2012 by NY_BX

[NoneYa 73]

In the US, we have a law written in our constitution which applies to everything except murder. The law is that "every accussed will be afforded a speedy trial and be allowed to confront their accusers." In Florida once you are arrested, the State Attorney has 180 days to officially file charges or drop the case. I learned late in life what a wonderful piece of work our constitution is and too bad you are not afforded the same law because it sounds like you can be followed and accused for life.

As a beneficiary, if it ask for arrest, you would be very wise to disclose it. It sounds like an open case so if it is, they will want an arrest report and all supporting documents. From there, it is not my guess but I would tell the truth and if you intend to convince them your opening line should be "No crime was committed." and then explain why.

I'd also find a way to get your officials to Sheet or get off the Pot. An American term for put up or shut up.

Edited January 4, 2012 by NoneYa

[Andy & Sue 31]

No disrespect to to replies that you have had. But please be aware that the processes differ from country to country. Countries that have a lot of immigration fruad will scrutinise the beneficiary more than say european countries, unfortunatley for those countries that is a fact. In the UK finger prints will be taken at interview but there is no link with the US and UK police databases as far as I am aware. That being said still tell it how it is, and maybe try and get some advice from your countries Vjers.

[Sayha or bust. 71]

So i have a case on me, they are not done with the case and i am not sentenced or anything, i do have a clean record.

I might be declared innocent but who knows. Should i tell the interviewer that or what? there are two charges, the one was dropped and the other one is under investigation and have been that since 2010. My previous GF accused me for domestic violence, (she got this thing Bipolar) and everytime she tried to hurt herself i had to step in and take the knife or the object from her, wiched i had to do with force, and then she accused me for domestic violence.

Shall i declare it to the interviewer? i am not sentenced, i am not trying to run away from it, and since i haven`t been sentenced to jail i am free to leave the country

What shall i do?

Thats an Imbra issue, and you would have to declare it on the I-129f,if convicted, I had to disclose my assault on my I-129, they cannot deny your fiancee's visa, what it does enable for them to let her know of your charge. Since you were not charged, I'm not sure if you should disclose, this might be a question for an immigration lawyer. Any way let her know of these charges so she don't act surprised at interview. Note: like I said I disclosed thi ino to Uscis and they never once asked my fiance about my assault charge at interview. She passed interview first time and was stateside in 10 months. Don't worry

[Sayha or bust. 71]

In the US, we have a law written in our constitution which applies to everything except murder. The law is that "every accussed will be afforded a speedy trial and be allowed to confront their accusers." In Florida once you are arrested, the State Attorney has 180 days to officially file charges or drop the case. I learned late in life what a wonderful piece of work our constitution is and too bad you are not afforded the same law because it sounds like you can be followed and accused for life.

As a beneficiary, if it ask for arrest, you would be very wise to disclose it. It sounds like an open case so if it is, they will want an arrest report and all supporting documents. From there, it is not my guess but I would tell the truth and if you intend to convince them your opening line should be "No crime was committed." and then explain why.

I'd also find a way to get your officials to Sheet or get off the Pot. An American term for put up or shut up.

Your not convincing USCIS to approve your visa because you committed Domestic Assault,

Take a look at this link. http://www.k1-fiance-visa.com/uscis-imbra-memorandum.htm

[Sayha or bust. 71]

We are waiting for our NOA2, so am i gonna disclose it on the NOA2 papers?

thank you so much guys.. i appreciate it

If I remember correctly you should of disclosed this at the time of filing of the I-129f.not afterwards.

[brian_n_phuong 193]

In the US, we have a law written in our constitution which applies to everything except murder.

Huh?? Where in the 6th ammendment (that you quoted) of the Bill of Rights does it state that "murder" is exempt.

Regardless, since this was apparently a state offense, the 14th Ammendment (Due Process) would apply in state law. The due process in the 14th is derived from the 6th Ammendment, so they are closely related..

[NoneYa 73]

Your not convincing USCIS to approve your visa because you committed Domestic Assault,

Take a look at this link. http://www.k1-fiance-visa.com/uscis-imbra-memorandum.htm

IMBRA doesn't apply to me or anyone else that is a petitioner that hasn't been convicted of a crime that falls under IMBRA. The law is written to share the background of the petitioner with the beneficiary mainly. If the crime falls under AWA (Adam Walsh Act) then the petition will be denied most all cases but not all from what I read whereas one guy was approved. In this OP case, he is the beneficiary I think of which I'm confused as to how an arrest but a non-conviction will effect him. I just don't know but since it is still an open case and he is the beneficiary, he needs to be prepared to defend himself and state why he did not commit a crime. (I am repeating myself here)

[NoneYa 73]

Huh?? Where in the 6th ammendment (that you quoted) of the Bill of Rights does it state that "murder" is exempt.

Regardless, since this was apparently a state offense, the 14th Ammendment (Due Process) would apply in state law. The due process in the 14th is derived from the 6th Ammendment, so they are closely related..

Okay, I concede that it looks like murder is not exempt to the speedy trial. What did I hear once about murder being exempt from something...time frames ? Was it civil ? Maybe it was during the Casey Anthony fiasco I heard something... I don't know but I think it is a good law so it should apply to all.

I'm no lawyer and my advice is free so take it for what it is worth

[Sayha or bust. 71]

IMBRA doesn't apply to me or anyone else that is a petitioner that hasn't been convicted of a crime that falls under IMBRA. The law is written to share the background of the petitioner with the beneficiary mainly. If the crime falls under AWA (Adam Walsh Act) then the petition will be denied most all cases but not all from what I read whereas one guy was approved. In this OP case, he is the beneficiary I think of which I'm confused as to how an arrest but a non-conviction will effect him. I just don't know but since it is still an open case and he is the beneficiary, he needs to be prepared to defend himself and state why he did not commit a crime. (I am repeating myself here)

If he is the beneficiary and not the petitioner than I may of given him wrong advice. Pull your police record or public record in Norway and if theres something on it, you will have to report. Sorry for not reading further into this.

[Andy & Sue 31]

If he is the beneficiary and not the petitioner than I may of given him wrong advice. Pull your police record or public record in Norway and if theres something on it, you will have to report. Sorry for not reading further into this.

LOL what was I saying about getting the correct information.!!

I have personal experience of this situation, PM me and I will tell you my experience.