American fiance has domestic violence charge - please help!

[Wren and Fox 0]

My fiance (American, I'm Canadian) has a domestic violence charge from 8 years ago in July 2006. It's a misdemeanor. Apparently, that alone would make us ineligible to petition? While I had read that somewhere, I am having a hard time finding it. My question is if we can check off 3c in the I-129F: "I committed, was arrested for, was convicted of, or plead guilty to a crime that did not result in serious bodily injury, and there was a connection between the crime committed and my having been battered or subjected to extreme cruelty." Do we have to prove that somehow? Can he write up what happened?

The charge is related to this incident: His ex-wife pulled a knife on him. She stuffed something in her mouth.. Fiance thought it was drugs, and tried to get it out as he was concerned with her overdosing. It turned out to be a piece of paper with a man's number that she was trying to hide. He says he didn't really injure her as he was just trying to get the thing out of her mouth. He ended up being more injured than her, but it wasn't serious (just a bunch of scratches). She called the cops. He got a $250 fine and 9 months probation. He didn't fight it because he wanted it to go away and did not know he'd want to marry a Canadian one day. He seems to think that because he always passes background checks and is employed by Serco (contracted by the US gov't) to process insurance applications that having this charge can't be "that bad."

We already have a document from the FBI that details all his charges, sentencing, etc, that we would include in the packet. We thought he might have a domestic violence charge, but weren't sure until we received his records in the mail. I'm really upset with what this will do to us. I'd appreciate any advice you all have. We cannot afford a lawyer. Thanks!

Edited July 29, 2014 by RedSpider

[canadian_wife 1,823]

You say you "thought" it was a domestic violence charge, was that the actual charge?

good luck

[Bill and Vicky 25]

You said that he got scratches from it and he was hurt worse than her. That sounds like "battered" to me.

I'd check it. He's already reported the crime earlier in the document. It seems like a valid defense. I don't see it as an automatic disqualification...if anything, he is being open and honest about what happened.

Regards,

Bill

[Wren and Fox 0]

Sorry if I was unclear. It IS a domestic violence charge (misdemeanor) that resulted in a $250 fine and 9 months probation. He just didn't remember what he was charged with until we got the papers yesterday. I was really hoping it wouldn't be for domestic violence I hope it works in our favour that his criminal record is sorta old at this point.

Do we need to have "proof" that it was in self-defense if we check off 3c? I figure that it wouldn't hurt for him to write a letter explaining the incident at least?

[b&edz 0]

hi how did ur application go?is it ok now?