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Posted

Hi everyone. I just got married to my fiancee of 5 years in the Philippines. We are gathering our things to get our I-130 packet sent out as soon as possible.

My question is this, in 2005 i was arrested for domestic violence, later reduced to assault 4. I received a deferred sentence and the charges were later dismissed. I had to pay a fine and go to a couple of classes. It was a terrible mistake and I own up to it. My wife knows all about it and even has a copy of the final docket saying the charges were dismissed.

Will this be a problem when it comes time for our interview? I know the I-130 has no spot to fill in any type of criminal history but I'm just concerned.

Any information you all can provide me or past experience we'd really appreciate. Thanks!

Posted (edited)

you need to speak to a lawyer about this. I am not certain about it but you could be needing a waiver. discuss it with your lawyer.

Hi, thanks a lot for the reply. I'm just really confused because the I-130 for a CR-1 doesn't ask for any of that information. At what stage would I need a waiver. I talked to a couple of attorney's and they said just to make sure my wife knows in great detail and has paperwork for the interview. But not to point it out in the I-130 packet.

Thanks for all of your help. I hope to hear from some more of you.

your fine, not a felony,or indictable and was dropped and is that a one time incident or do you have record of doing it?

Edited by bgreen19
Posted

your fine, not a felony,or indictable and was dropped and is that a one time incident or do you have record of doing it?

Well I got in a fight with my brother and we both got disorderly conducts when I was 19. Other than that nothing else on my record. And those are both not even on my record they were dismissed. But I know with federal law they look at arrests and charges as well. I work for the US Department of Veterans affairs and went through a background check with them with fingerprints and all. I'm still just worried, I miss my wife.

Filed: IR-1/CR-1 Visa Country: Chile
Timeline
Posted

you need to speak to a lawyer about this. I am not certain about it but you could be needing a waiver. discuss it with your lawyer.

the waiver is if the beneficiary has a criminal record involving moral turpitude, not the petitioner (USC). usually the petitioners record only comes into play when it is a k-1 in order to protect the "unkowing" fiancee. correct me if I am wrong, higher ups?

Posted

the waiver is if the beneficiary has a criminal record involving moral turpitude, not the petitioner (USC). usually the petitioners record only comes into play when it is a k-1 in order to protect the "unkowing" fiancee. correct me if I am wrong, higher ups?

that's what I thought but there's so much info out there. my wife knows everything about me and she'll have the paperwork with her at the interview in case it's brought up. i'm just wondering if i just include an affidavit from my lawyer acknowledging these charges or if i just make sure my wife knows for the interview. and i'll be with her at the interview btw. VJ masters please help!

that's what I thought but there's so much info out there. my wife knows everything about me and she'll have the paperwork with her at the interview in case it's brought up. i'm just wondering if i just include an affidavit from my lawyer acknowledging these charges or if i just make sure my wife knows for the interview. and i'll be with her at the interview btw. VJ masters please help!

at least for a cr-1. i know the k-1 is a totally different story with the I-29f.

 
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