k-1 visa petitioner criminal records

[Guysmiley 7]

I have the following criminal history: Protection order violation 12/03/10 Whatcom County WA Guilty plea -  My wife wanted contact I should not have contacted her I have since been through domestic violence training and will never reoffend
Protection Order Violation 12/02/10 Whatcom County WA Guilty plea - My wife wanted contact I should not have contacted her I have since been through domestic violence training and will never reoffend
Criminal Trespass 1st Degree 04/10/03 Bellingham, WA  Guilty plea -  I was put through a glass window by police at Fred Meyers and tresspassed
DV Assault 4TH 11/30/02 Snohomish County WA Guilty plea -   My mom kicked me out of the house after a move and I was frightened of being homeless so I pushed her I should have not done so and have since taken a domestic violence class and will never reoffend
Driving with License Suspended 3RD Degree 01/09/02 Whatcom County WA Guilty plea - Drove on a suspended shouldn't have done it.
Possession of Drug Paraphernalia 01/09/02 Whatcom County WA Guilty plea -  had a bong in my car when pulled over on a suspended license it was found when police searched the car - I no longer use marijuana.
Minor in Poss and or Consumption 06/26/00 Whatcom County WA Guilty plea - I stupidly drank before I was 21.  I no longer drink.
Eluding a Police Vehicle 5/10/05  Whatcom County WA Guilty plea -  Had not slept in days and was not thinking clearly I drove to the Jail myself I just wanted a place to sleep.
Assault 4th Degree 11/05/03  Whatcom County WA Guilty plea -  Spit on policemen shouldn't have done it will never do it again
Harassment 12/09/02 Whatcom County WA  Guilty plea - called my mom on the phone while I was on a no contact order I should not have.  I have since taken a class on domestic violence and have not re-offended and never will
Obstruct Law Enforcement Official 12/09/02 Whatcom County WA Guilty plea -  Tried to walk away from police
Assault 4th Degree 1/12/02 Whatcom County WA Guilty plea - Spit on a cop. stupid.  Would never do this to any one ever again.
Indecent Exposure 07/23/2016 Edmonds Municiple WA Dismissed - My pants fell down at a drive through coffee stand due to a broken collar bone  
Assault 4th Degree 07/19/2010 Snohomish County WA Dismissed -  Got in an argument with my brother accused of hitting his arm with a little stick.
Assault 4th Degree 04/16/2010 Whatcom County WA Dismissed - Argument with ex wife who was convicted of this against me and also of violating no contact orders there for my protection.  I never touched her.  I have since taken domestic violence classes and will never reoffend
DV Assault 4th Degree 10/20/2002 Snohomish County WA Dismissed - Pushed my mom's arm out of my face during an argument.  I have since taken domestic violence classes and will never reoffend
Possession of Marijuana 01/09/2002 Whatcom County WA Dismissed -  I have since quit marijuana
Harassment 12/09/2002 Whatcom County WA Dismissed - called my mom while a no contact order was in place
Permit Minor Consume/Possess LI Dissmissed -  drinking

 

 

I have all certified court and police records and will include in my petition as well as proof of completing a domestic violence program and letters from my pastor, employer and mother stating I am rrehabilitated and am a person of good moral character.  How likely is it that my petition is denied?  Am I better off trying to file a cr-1?  What else can I include to improve my chances of approval?  I have bi-polar and all my convictions where when I was off my medication. When I am on my medication I am fine.  Should I mention that and get a letter from a psychologist stating that?  Or am I better off not giving information about my mental illness?  Do I need to contact a lawyer?  My fiance is in the Philippines and knows all about my convictions.  thank you for your advice in advance.

[Villanelle 4,121]

Those are a lot of convictions. Its odd how you say at the end of each one "will never reoffend' yet you have multiple convictions for the same things. So you did reoffend again.

 

I think you are going to have a hard time writing the letter asking for a waiver for all these convictions. The CR visa would be better for you. You can still be approved for the K, but personally Id go with the CR.

[Villanelle 4,121]

And Im not 100% on the indecent exposure. That might be AWA. 

[Going through 5,668]

11 minutes ago, bretvh said:

Assault 4th Degree 07/19/2010 Snohomish County WA Dismissed -  Got in an argument with my brother accused of hitting his arm with a little stick.

How old was your brother at the time this occurred?

 

 

[Guysmiley 7]

My Brother was 19

[Redheadguy03 505]

You say will never reoffend, but you did the same thing numerous times. The indecent exposure sounds interesting. How does a broken collar bone cause your pants to fall down?  

 

You also have lots of domestic violence charges, even if they were dismissed it's a red flag to have multiple charges of domestic violence. 

Edited September 26, 2017 by Redheadguy03

[Guysmiley 7]

On 9/26/2017 at 8:09 AM, Damara said:

And Im not 100% on the indecent exposure. That might be AWA. 

It is not an AWA issue and it was dissmissed

[Guysmiley 7]

On 9/26/2017 at 8:08 AM, Damara said:

Those are a lot of convictions. Its odd how you say at the end of each one "will never reoffend' yet you have multiple convictions for the same things. So you did reoffend again.

 

I think you are going to have a hard time writing the letter asking for a waiver for all these convictions. The CR visa would be better for you. You can still be approved for the K, but personally Id go with the CR.

As far as I can tell I would only need a waiver if this were my 2nd petition in 2 years or 3rd in my lifetime.  It is my first petition so I don't think I need a waiver. I have sent off my packet to Rapid visa so now I must just wait for noa1 and noa2(fingers crossed).  I sent in a couple letters to support my rehabilitation and proof of having completed domestic violence counseling stating my likelyhood of engaging in intimate partner abuse is low.  Wish me luck I will fill out my timeline as soon as I get my noa1 and will keep this thread updated.  Any advice for the interview?  I plan to be their in the Philippines with my fiance for it.

[Villanelle 4,121]

Did you read the instructions? Specifically the part about types of waivers. 5b extraordinary circumstance waiver. Rapid visa should pick up on it. If they dont and its submitted without one you may be denied or they will send an RFE asking for it. 

[Guysmiley 7]

2 minutes ago, Damara said:

Did you read the instructions? Specifically the part about types of waivers. 5b extraordinary circumstance waiver. Rapid visa should pick up on it. If they dont and its submitted without one you may be denied or they will send an RFE asking for it. 

That is for repeat filers only.

[Villanelle 4,121]

No its not. Read the instructions. I can cut and paste it here if you need to. Its part of the IMBRA.

[Guysmiley 7]

1 minute ago, Damara said:

No its not. Read the instructions. I can cut and paste it here if you need to. Its part of the IMBRA.

I can assure you it is. no need.

[Villanelle 4,121]

You are correct. Im sorry, its early here and I havent had my coffee. Did you send all the papers for the offenses? Usually people include an explanation letter but if you didnt or dont want to it may not impact the outcome. The US takes DV charges very seriously. It can be a reason why your fiancee is denied. (hence sending a letter). Many people believe the interviewing officers often make up their mind before the interview based on the file, so again a letter in advance is helpful. 

 

Im not sure if you will be allowed in at the interview. There is no rule that says you must be allowed or nor one that says you cant come in. You need to be sure your fiancee is aware of all the charges and reviews everything you submitted in case she is questioned about it. 

[Guysmiley 7]

Yes my fiance is fully aware of all the charges and I will be giving her all the court and police documents in December next time we meet.  My understanding is that at the Manila consulate they generally let the petitioner in with the beneficiary at the interview, fingers crossed.  I did not send a letter explaining the charges but did include court and police reports for all of them.  It does not look good.  Maybe I can make a letter to bring with me to the interview if we are approved by uscis.  Hope we aren't denied.

[Villanelle 4,121]

Most petitions are approved by USCIS. They really only check paperwork requirements and such not. Its all up to the Officer in the Embassy. I wish you wouldve sent a letter since like you said it looks bad on paperwork and paperwork only lists the facts and doesnt explain your side of it. But it is what it is now. Have you checked the PI subforums? A lot of advice there. Mostly its going to come down to your fiancee being confident and holding her own.