Form I-129F Part C Questions 2 and 3

[s2kroma 0]

Hi All,

Quick question. I couldn't find an answer here on VJ. On form I-129F Part C Questions 2 and 3 are about if I was ever convicted by a court of law. I had 2 orders of protection from my ex-wife. One in one county and another one in another county here in Illinois. But she didn't show up to court and both judges terminated/dismissed those 2 orders of protection. And I also had "stalking no contact order" from her boyfriend but that was also closed by him as well. So, it was a total of 3 less then a year ago. I am ready to send my I-129F packet to USCIS this Thursday but not sure if I should also tell them in a few words what happened there and also include all those charges were terminated/dismissed. I am not trying to hide anything from USCIS just don't know if they care to see my "order of protections" that were all cancelled. Please help since I can't find an answer to my question here. Thank you in advance.

[Stephen + Elisha 92]

A protective order does not qualify as "convicted in a court of law." Convicted in a court of law means "arrested and plead/found guilty."

You should note, though, that those protective orders will probably come up when USCIS runs their background checks on you, and they are required by the IMBRA to send that information to the Department of State to be given to your fiancee by the embassy. So if she doesn't know about them, you might want to let her hear it from you rather than from a consular officer.

[s2kroma 0]

A protective order does not qualify as "convicted in a court of law." Convicted in a court of law means "arrested and plead/found guilty."

You should note, though, that those protective orders will probably come up when USCIS runs their background checks on you, and they are required by the IMBRA to send that information to the Department of State to be given to your fiancee by the embassy. So if she doesn't know about them, you might want to let her hear it from you rather than from a consular officer.

Thank you.. My fiance knows about them already.

[Tim/Mav 305]

Were you Arrested ONE TIME in these Cases?

[s2kroma 0]

Were you Arrested ONE TIME in these Cases?

I was never arrested!!!!

[Tim/Mav 305]

Check NO on the 129-F. However. Though a Cival Issue with no Arrest you stated: A mandatory Protective Order(s). Those are ONLY signed by Judges. In hense, there is a record if in fact you were required to go before a Judge and they even dropped the Case(s). Dropped Cases do show on a Background Check. If related to an attack on another human being more so. Police can dismiss charges if they want, but only a Judge can give a final Order. Since the requirement of a Court Appearance and She/he never showed.

The problem would be if the reason for these Orders (even though dropped) was a result of Domestic Violence.

Moreover, 3 recent Charges. That just don't look good at all.

USCIS has a LEGAL Responsibilty to ensure the safety of a Beneficiary. Thats the way they will look at it.

Visit your Courthouse and get the paperwork on these charges/allegations but, you can check NO to your question and pray for NO RFE. Get Certified Copies and Stamped/Dated by the Court Admistrator.

Reality ... 2 Court Orders and a Stalking Order. You been busy.

Edited February 8, 2012 by Tim/Mav

[Jessica24 3]

Hi All,

Quick question. I couldn't find an answer here on VJ. On form I-129F Part C Questions 2 and 3 are about if I was ever convicted by a court of law. I had 2 orders of protection from my ex-wife. One in one county and another one in another county here in Illinois. But she didn't show up to court and both judges terminated/dismissed those 2 orders of protection. And I also had "stalking no contact order" from her boyfriend but that was also closed by him as well. So, it was a total of 3 less then a year ago. I am ready to send my I-129F packet to USCIS this Thursday but not sure if I should also tell them in a few words what happened there and also include all those charges were terminated/dismissed. I am not trying to hide anything from USCIS just don't know if they care to see my "order of protections" that were all cancelled. Please help since I can't find an answer to my question here. Thank you in advance.

The order of cancellations matter to the USCIS even though they were cancelled. It is better to include these in your application instead of them getting to know it themselves.

[s2kroma 0]

Thank you. Where in application I should include? Should I send USCIS proof that it was all terminated and signed by the judge?

[Jessica24 3]

Thank you. Where in application I should include? Should I send USCIS proof that it was all terminated and signed by the judge?

As per the instructions given on the Form I-129F, certified copies of all court records should be submitted along with the application, even if they were cleared or made void. This includes the protection order also as mentioned under Section 833©of IMBRA. AS it was terminated and signed by the judge, attach a copy of it as it will be forwarded to the US Department of State, if your I-129F is approved by the USCIS.

[Stephen + Elisha 92]

Jessica24, the instructions on the I-129F require submission of certified copies of court records if you have ever been convicted of any of the following crimes (the "following crimes" being those listed in items 1-3). A protection order is not a conviction.

The magic of Google provides these earlier threads on the same topic. Some good, solid advice from knowledgeable longtime VJers can be found therein. Tolle, lege.

http://www.visajourn...riminal-record/

http://www.visajourn...anor-or-felony/

Edited February 9, 2012 by Stephen + Elisha

[s2kroma 0]

Jessica24, the instructions on the I-129F require submission of certified copies of court records if you have ever been convicted of any of the following crimes (the "following crimes" being those listed in items 1-3). A protection order is not a conviction.

The magic of Google provides these earlier threads on the same topic. Some good, solid advice from knowledgeable longtime VJers can be found therein. Tolle, lege.

http://www.visajourn...riminal-record/

http://www.visajourn...anor-or-felony/

Thanks Jessica24 and Stephen+Elisa. Both are great answers but I still don't know what to do. I might just send out my whole packet without anything mentioning on I-129F Form. And for sure be praying that everything be OK. More advises be greatly appreciated.

[Gary and Alla 3,694]

Hi All,

Quick question. I couldn't find an answer here on VJ. On form I-129F Part C Questions 2 and 3 are about if I was ever convicted by a court of law. I had 2 orders of protection from my ex-wife. One in one county and another one in another county here in Illinois. But she didn't show up to court and both judges terminated/dismissed those 2 orders of protection. And I also had "stalking no contact order" from her boyfriend but that was also closed by him as well. So, it was a total of 3 less then a year ago. I am ready to send my I-129F packet to USCIS this Thursday but not sure if I should also tell them in a few words what happened there and also include all those charges were terminated/dismissed. I am not trying to hide anything from USCIS just don't know if they care to see my "order of protections" that were all cancelled. Please help since I can't find an answer to my question here. Thank you in advance.

As Stephan has already said, the correct answer is "NO". And you have made your fiancee aware of the incidents.

In addition to telling her about these incidents they will look for her reaction. If her reaction is "#######?????????!!!!!!!!!!" They may just deny the visa.

If her response is " Yes, I know, poor guy. I do not know why that terrible woman and her boyfriend try to ruin his life" Everything will be OK.

[Gary and Alla 3,694]

Thanks Jessica24 and Stephen+Elisa. Both are great answers but I still don't know what to do. I might just send out my whole packet without anything mentioning on I-129F Form. And for sure be praying that everything be OK. More advises be greatly appreciated.

There is no need to send it in with the I-129f. I would gather the documents related to the case and keep them handy just in case. The I-129f is the beginning, not the end. You will be sending documents for the AOS, the RoC and citizenship and at some point they MAY ask about it. They certainly CAN if they want to.

It is not required for the I-129f and trying to speculate on what documents they MAY want in the future and trying to include ALL of them now in some sort of preemptive strike is well, you just can't do it.

Edited February 9, 2012 by Gary and Alla

[s2kroma 0]

There is no need to send it in with the I-129f. I would gather the documents related to the case and keep them handy just in case. The I-129f is the beginning, not the end. You will be sending documents for the AOS, the RoC and citizenship and at some point they MAY ask about it. They certainly CAN if they want to.

It is not required for the I-129f and trying to speculate on what documents they MAY want in the future and trying to include ALL of them now in some sort of preemptive strike is well, you just can't do it.

Thank you Gary and Alla. I will post my information here on VJ after i hear back from USCIS. Hoping for no RFE...