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mighty836

Restraing Order Question

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Hello everyone,

I have a restraining order against me from a crazy EX wife in the state of New Jersey. There was no Criminal case, and i was not convicted of anything. Should i list this in my Application and what issues will come up if i do or i dont list this. Reading through everything it states list all Criminal convictions for any offenses.

I have told my Fiance everything about this so she knows all upfront.


K1 visa adventure 

02/20/2017- I-129F packet send to Dallas

02/22/2017- I-129F packet delivered

02/28/2017-- check cashed

03/01/2017-- NOA1 text and email received transferred to (CSC)

03/06/2017-- NOA1 hard copy received in the mail.

05/23/2017 -- Notified RFE

06/16/2017 -- Replied RFE

06/19/2017 -- CSC Received reply

06/26/2017-- Approved 

06/30/2017-- received NOA2

07/10/2017-- NVC Recived case

07/11/2017-- Case number assigned

08/14/2017-- Interview ( APPROVED )

 

AOS

11/29/17- Packet sent to Chicago lockbox ( I-485, I-765, I-131 included)

12/1/2017- recieved packet

12/6/2017 NOA1 text and email recieved

12/8/2017 NOA1 Hard copy recieved

12/26/2017 Biometrics done

03/31/2018 RFE - I-131

04/19/2018 Approved I-765, I-131 ( EAD & AP )

04/26/2018 Received combo card in mail

 

 

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Throughout this immigration process, read instructions carefully and interpret them literally.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Application for what?

Were you arrested for anything?

If you weren't arrested, I wouldn't worry about listing it!

I was Arrested but not charged with anything. Oh and im sorry its for a K-1 Fiance Visa


K1 visa adventure 

02/20/2017- I-129F packet send to Dallas

02/22/2017- I-129F packet delivered

02/28/2017-- check cashed

03/01/2017-- NOA1 text and email received transferred to (CSC)

03/06/2017-- NOA1 hard copy received in the mail.

05/23/2017 -- Notified RFE

06/16/2017 -- Replied RFE

06/19/2017 -- CSC Received reply

06/26/2017-- Approved 

06/30/2017-- received NOA2

07/10/2017-- NVC Recived case

07/11/2017-- Case number assigned

08/14/2017-- Interview ( APPROVED )

 

AOS

11/29/17- Packet sent to Chicago lockbox ( I-485, I-765, I-131 included)

12/1/2017- recieved packet

12/6/2017 NOA1 text and email recieved

12/8/2017 NOA1 Hard copy recieved

12/26/2017 Biometrics done

03/31/2018 RFE - I-131

04/19/2018 Approved I-765, I-131 ( EAD & AP )

04/26/2018 Received combo card in mail

 

 

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I was Arrested but not charged with anything. Oh and im sorry its for a K-1 Fiance Visa

Please complete your profile better so this info is included. Also, list the country of the beneficiary as that will be useful at the interview phase.

So I assume you are the petitioner? http://www.visajourney.com/examples/Form-I-129F.pdf

Please review page 5. It gives instruction on how to answer

"These questions must be answered 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. Using a separate sheet(s) of paper, provide information relating to the conviction(s), such as crime involved, date of conviction and sentence."

Edited by LionessDeon

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You need to disclose that

that would be on a separate piece of paper correct?


K1 visa adventure 

02/20/2017- I-129F packet send to Dallas

02/22/2017- I-129F packet delivered

02/28/2017-- check cashed

03/01/2017-- NOA1 text and email received transferred to (CSC)

03/06/2017-- NOA1 hard copy received in the mail.

05/23/2017 -- Notified RFE

06/16/2017 -- Replied RFE

06/19/2017 -- CSC Received reply

06/26/2017-- Approved 

06/30/2017-- received NOA2

07/10/2017-- NVC Recived case

07/11/2017-- Case number assigned

08/14/2017-- Interview ( APPROVED )

 

AOS

11/29/17- Packet sent to Chicago lockbox ( I-485, I-765, I-131 included)

12/1/2017- recieved packet

12/6/2017 NOA1 text and email recieved

12/8/2017 NOA1 Hard copy recieved

12/26/2017 Biometrics done

03/31/2018 RFE - I-131

04/19/2018 Approved I-765, I-131 ( EAD & AP )

04/26/2018 Received combo card in mail

 

 

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Mark the appropriate box yes and then per instructions explain details on a separate sheet of paper. I would include an court documents. Reference the I-129f questions number on each additional sheet included.

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I was Arrested but not charged with anything. Oh and im sorry its for a K-1 Fiance Visa

I had pretty much the same thing happen to me with my x-wife as well, but I was charged because of it. The charge was later dismissed no problem but I still had to list that arrest on the paperwork I sent in for my now wife. Good Luck.

Always remember to be honest and forth right with everything dealing with the embassy and the USCIS.

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It says if you were convicted. An arrest is not a conviction. I have much experience in this area PM me if you would like.


Pkg Sent:9/13/16


Received at Chicago Lock box: 9/16/16


Received Texts: 9/30/16


NOA1 Received: 10/4/16 : Receipt Date of 9/19/16


Bio Appt letter Received: 10/12/16


Bio Appt completed: 10/24/16


Card in production: 11/17/16


Combo Card received 11/25/16

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2. Have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for any of the following crimes:


Pkg Sent:9/13/16


Received at Chicago Lock box: 9/16/16


Received Texts: 9/30/16


NOA1 Received: 10/4/16 : Receipt Date of 9/19/16


Bio Appt letter Received: 10/12/16


Bio Appt completed: 10/24/16


Card in production: 11/17/16


Combo Card received 11/25/16

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Its really up to you whether you want to disclose or it not. There are advantages and disadvantages of doing so I suppose. Chardon Ne' is correct- you only are required to list convictions and a RO is not considered a conviction. Being "arrested" is not considered a conviction- so that does not need to be disclosed either.

Your RO may come up in their background search- it may not. If it does come up and you didnt disclose it, they may question your fiance about it. If she had a copy of the order and/or was able to demonstrate that she understood exactly what it was about and was OK with it; it shouldnt really be an issue. Even if you disclose it they may question her about it- so the questioning part isnt really the issue.

I see it as- do I want to look potentially suspicious by not sending it but then make up for it by acing the interview about it if it comes up, OR do I want to look really good and sincere and disclose it in advance but then if it wasnt going to come up I just brought it up and made it an issue to deal with.

You wont be in any "trouble" for not listing it on the form because its not a conviction and the form does not specify to include ROs in addition to convictions. I do not know what the RO is about, if it documents physical violence of any kind or just harassment; if you have any other paperwork supporting what happened- or if the order is valid and justified, is it recent, is it old? I dunno and dont really want to so I really cant say what you should do.

The form itself requires a waiver if you have a conviction, which you do not, so theres no issue there. The interview process evaluates the bonafides of the relationship- which is where it can become a relevant issue (are you on the right side morally and not committing visa fraud, does she know important things about you, is she overlooking them for the GC etc)

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