Charge drop by the state

[David & Weng 0]

my fiancee has a domestic violence charge that was drop by the state because they found out that his ex wife lied about it, my question is he did not declare it because he was not convicted, will this affect our process of the fiancee visa, were waiting for the noa2. thanks

[nathanp 6]

i dont think it would affect it..they mainly look for reasons such as drug related or terrorism..high crimes..i honestly wouldnt worry about it..did your fiancee already get the police clearance?

[David & Weng 0]

we did not include a police clearance in the packet! would this mean that we will have a rfe?

[Shauneg 762]

we did not include a police clearance in the packet! would this mean that we will have a rfe?

Is he the foreigner?

[David & Weng 0]

yeah, he is from florida!

[Shauneg 762]

yeah, he is from florida!

Then he didn't need to submit a police clearance.

[David & Weng 0]

thanks alot and God bless.... im just so scared about it eventhough he was not convicted and it was drop by the state

[KayDeeCee 4,893]

If they were not convicted, then they do not need to include court and police records. It is only for convictions.

From the I-129F instructions >

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(c ) 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 ~

[Tahoma 2,292]

No conviction = no declaration.