convicted of domestic violence...HELP

[b&edz 0]

who has the same situation as i have filing for a k1 visa?usc has a conviction of dv...how would the conviction affects the petition?

[canadian_wife 1,791]

Who has the conviction? The petitioner or the beneficiary?

Good luck

[b&edz 0]

Who has the conviction? The petitioner or the beneficiary?

The petitioner

Good luck

[NikLR 13,220]

expect the case to be scrutinized at the interview level if it's brought up at all. For example: why do you want to marry someone who has a history of abusing their spouse?

[canadian_wife 1,791]

Since it is the petitioner, does your fiancé know about your DV charge? Because she will be asked if she knows

Good luck

[Darnell 8,478]

who has the same situation as i have filing for a k1 visa?usc has a conviction of dv...how would the conviction affects the petition?

does his 'stuff' fall under the guidelines of the Adam Walsh Act? Yes? No? If Yes, then is very small chance of I-129F approval even with a tonne of rebuttal items included in the I-129F.

If no, then it's just a criminal conviction - the level of criminal conviction (misdemeanor, felony, etc) is also evaluated, as there is a set list of types where it's a no go.

I think you're the beneficiary, right? Ask the probably petitioner to visit VJ on a PC and study here, as I think yer using a handphone and real research here is impossible on a handphone.

[KayDeeCee 4,891]

The USC petitioner needs to follow the I-129F petition instructions and include the court records.

3. What Documents Must You Submit to Comply With IMBRA?

a. If you have ever been convicted of any of the following crimes, submit certified copies of all court and police
records showing the charges and dispositions for every conviction. You must do so even if your records were sealed
or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no
longer have a record.

(1) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.
The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or
former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of
the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other
person against an adult or youth victim who is protected from that person's acts under the domestic or family
violence laws of the jurisdiction.

(2) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking,
peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint,
false imprisonment, or an attempt to commit any of these crimes.

(3) Crimes relating to a controlled substance or alcohol on three or more occasions, where such crimes did not arise
from a single act.

NOTE: If your petition is approved, a copy of your petition, including the information you submit regarding your
criminal convictions, will be provided to the Department of State for dissemination to the beneficiary of your
petition under section 833(a)(5)(A)(ii) of IMBRA. In addition, under section 833(a)(5)(A)(iii) of IMBRA, any
criminal background information pertaining to you that USCIS may discover independently in adjudicating this
petition will also be provided to the Department of State for disclosure to the beneficiary of your petition. You
should also note that under section 833© of IMBRA, the name and contact information of any person who was
granted a protection or restraining order against you, or of any victim of a crime of violence perpetrated by you,
will remain confidential. However, your relationship to such person or victim (e.g., spouse, parent, former spouse)
will be disclosed.

~Moved from K-1 Process to IMBRA Special Topics ~

[b&edz 0]

does his 'stuff' fall under the guidelines of the Adam Walsh Act? Yes? No? If Yes, then is very small chance of I-129F approval even with a tonne of rebuttal items included in the I-129F.

If no, then it's just a criminal conviction - the level of criminal conviction (misdemeanor, felony, etc) is also evaluated, as there is a set list of types where it's a no go.

I think you're the beneficiary, right? Ask the probably petitioner to visit VJ on a PC and study here, as I think yer using a handphone and real research here is impossible on a handphone.

yup im the beneficiary...and yes it was a misdemeanore and we hvent see any related case as we hve in this forum

[raven52 233]

OK, I think you will have to disclose it on the I-129f, and I think you will have to show court records of how the incident was handled in the court system, the outcome, and all related

documentation to the charge.

It sounds like it was a conviction, (not sure) so you need any and everything you can show about the case.

If it only happened once, you may very well be OK.,.,..and it was a misdemeanor.,.,.,so good luck to you both.

Was good you let your potential wife/husband know all the details.