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Filed: Timeline
Posted

I am a US citizen, and my fiance is an Australian citizen. I've been looking over the I-129F and noticed a section about criminal convictions. In 2002, at the age of 15 I had a dispute at home with a family member that led to me being arrested on an assault charge. I have a copy of the police record which states the following:

03/03/02 - (MA) Assault Bodily Injury

10/01/02 - Placed on Deferred Prosecution (no court action)

01/28/03 - Closed Satisfactorily from Deferred Prosecution

It was a hectic time and everyone's emotions were on edge, but the simple fact is there's a record now. I remember my representative mentioning juvenile records could be sealed after a certain age, but I'm not sure how to actually check or make that happen if it hasn't already.

Just as an added bit of information if it helps: I joined the Navy after high school, and I recall the recruiter going through a lot of trouble to get more information on the incident, but this sheet of paper I now have stating the dates/actions is all we could ever obtain.

My question is, would this be something to mention on the form? If so, what kind of issues can I expect from it?

Thanks in advance

Posted (edited)

Even if your criminal record was sealed, it must still be declared to USCIS on your I-129F.

That being said, assault does not seem to be one of the crimes that you are required to declare. Sexual assault is, but simple assault is not. It looks like you can just check No to all of those three boxes (Part 3, Question 2.a, 2.b, 2.c). Also since you weren't convicted, you have no criminal record anyway, so there is nothing to declare.

Edited by Hypnos

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Filed: Timeline
Posted

That's really wonderful to hear. I always get so nervous and confused about filling out any sort of government paperwork, and this is especially nerve-wrecking when considering what's at stake.

Well thank you for the new perspective on the criminal record issue. To be honest I've always felt like it was official, but hearing it put that way makes it less worrisome.

 
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