As the petitioner do I need to report an ACD

[Bbrown5505 0]

I am attempting to file for a fiancee visa but I do have a question I was hoping someone here would clarify for me. I was previously married (divorced now) and my ex-wife, as is becoming increasingly more common, filed a restraining order so she could get the house and stuff in her possession. My ex-wife and I decided to try to reconsile but a nosey neighbor who knew about the order called the police. My ex-wife did not want me arrested, dropped the order and worked with the DA to get me an ACD. I was assured that I have no criminal convictions but USCIS knows everything about us. My question then is: should I mention the ACD on the application for the K1 Visa? If I don't will it be a problem? ACDs are not supposed to count as a conviction and mine is over (supposedly sealed/dismissed). What do you guys think?

[Rc123rc 528]

I'd consult a lawyer and bring the Visa App documents with you so they can see the exact wording. You had a restraining order. You said does not count as a conviction. Does that mean you got arrested and convicted of violating the restraining order?

An ACD "is an adjournment of the action without date ordered with a view to ultimate dismissal of the accusatory instrument in furtherance of justice."

Sealed and Dismissed are two different things.

What form are you looking at for criminal records? Are you the Petitioner or the Beneficiary?

Edited May 18, 2016 by rcripps

[Bbrown5505 0]

I am the petitioner. I'm applying for a Fiancée visa for my fiancee in the Philippines. To clarify: the restraining order was dropped. I did accidentally violate the order when it was in affect but when we went to court because my ex-wife repeatedly asked the DA to drop everything they gave me an ACD. The period of the ACD was 1 year and has expired. I was told that everything would be dismissed at the end of a year if I did not get arrested again in that time period. I have not been re-arrested. My lawyer at the time said that an ACD is not a conviction or an admission of guilt and that I have no criminal record; that the charges would be totally dismissed.

Should I even mention this on the petition since it's not a conviction? Hopefully I made this clearer instead of making it more confusing.