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milkyway122

About K1 simple assault/domestic violence charge

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Hi guys,

 

My situation is quite complicated and the post may be quite lengthy, thank you ahead for reading my post and I’d be really appreciated if you could give me some help:)

 

I’m applying K1 visa as beneficiary, and my case has already been transferred to my home country embassy, now I’m just waiting for scheduling my interview.

My problem is that I, the beneficiary, was arrested and fingerprinted 4 years ago in the United States while I was dating my ex girlfriend, the court charged me with simple assault/domestic violence, my lawyer back then told me to take an anger management course(and I did and I also have a letter from the course stating that I’ve been doing well in the class), so my case would have a better chance of getting a dismissal, later the court indeed dismissed my case. Here is how things got complicated, a few months later of the court dismissal date, I went back to home country and applied for graduate school in the U.S. However, I did not disclose my arrest record neither in the visa interview nor in the DS160, my case went to administrative processing and during that process USCIS sent me an email requesting my court record so I did, but they still denied my visa. Two weeks later I applied again immediately denied, a month later immediately denied again, and a year later with a different school denied again.

 

I know I should never try to hide anything from USCIS, but I naively believed that I didn’t to disclose my criminal record since my case was dismissed.

 

Right now I’ve been dating with my fiancé for almost 2 years, and we’ve been engaged for 8 months. We have all the supporting documents to show our relationship is genuine, and incident like that never happened with my fiancé.

 

So my question is would my dismissed DV charge or the fact that my F1 was denied 4 times have an impact on my K1 visa or more specifically my visa interview? Would USCIS approve my case and transfer to NVC if they were to reject me in my interview anyway? And is there anything more I could bring to the interview to have a better chance of getting an approval?

 

Thank you!!

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The DV charge wouldn't have been an issue since the case was ultimately dismissed, but your lying about it may well rise to the level of misrepresentation. That can lead to a lifetime bar from the US. Not sure it would be material misrepresentation in this case, but it's obviously never a good idea to lie to immigration authorities as you did. 

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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3 hours ago, Hypnos said:

The DV charge wouldn't have been an issue since the case was ultimately dismissed, but your lying about it may well rise to the level of misrepresentation. That can lead to a lifetime bar from the US. Not sure it would be material misrepresentation in this case, but it's obviously never a good idea to lie to immigration authorities as you did. 

The simple rule is its better to be denied for telling the truth than be denied for lying.

 

If you tell the truth there is usually a work around, given enough time. If you lie, you face a lifetime of denials.


--- k1 visa ---
Texas Service Center (Abandon Hope All Ye Who Enter Here)
I-129F sent: 12 Aug 2014
I-129F NOA1: 15 Aug 2014
I-129F NOA2: 2 Mar 2015 (199 days from NOA1) **No RFEs!**
NVC Received: 19 Mar 2015
Case#, IIN, BIN assigned: 19 Mar 2015
NVC Left: 20 Mar 2015
Consultate Received: 23 Mar 2015
Package 3 Received: 26 Mar 2015
Medical: 10 Apr 2015
Packet 3 Sent: 10 Apr 2015
Packet 4 Received: 23 Apr 2015
Interview Date: 8 May 2015 (Approved!!!)
Visa Issued: 14 May 2015
Visa in Hand: 19 May 2015
Entry to USA: 5 Jun 2015
Married: 21 Jun 2015

---Adjustment of Status---
Sent I-485, I-131 and I-765: 7 Jul 2015
NOA1 for I-485, I-131 and I-765: 14 Jul 2015
Email notification that I-765 was approved: 12 Sep 2015
Email notification that I-131 was approved: 15 Sep 2015
Email notification that EAD/AP combo card was mailed: 15 Sep 2015
EAD and AP combo card received: 18 Sep 2015
Green Card Received: 3 Dec 2015 [ :)] Previous letter stated interview requirement was likely to be waived

 

---Removal of Conditions---
Sent I-751: 13 Oct 2017
NOA1 for I-751: 23 Oct 2017

Biometrics: 20 Nov 2017
Approved: 20 Dec 2018

Green Card Received: 2 Jan 2019

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5 hours ago, Hypnos said:

The DV charge wouldn't have been an issue since the case was ultimately dismissed, but your lying about it may well rise to the level of misrepresentation. That can lead to a lifetime bar from the US. Not sure it would be material misrepresentation in this case, but it's obviously never a good idea to lie to immigration authorities as you did. 

Of course I know that by now, but if I got a lifetime ban from the US, would embassy still give me 214b?

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The failure to disclose the arrest is going to be an issue.  Did you mention that you were in the states previously in the petition?  If they determine misrepresentation (which apparently it is) than you will have to deal with that as it comes.  As stated above, being denied for telling the truth and being denied for lying are two very different things.  


June 6,  2017 - Filed the K-1

April 20, 2018 - K-1 refused

June 11, 2018 - Got married in Pateros, Metro Manila

September 10, 2018 - Filed the CR-1

September 11, 2018 - Priority Date

September 14, 2018 -  NOA-1

January 22, 2019 -  NOA-2 (Rose)

January 23, 2019 -  NOA-2 (AJ)

January 23, 2019 -  NOA-2 (Aira)

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY.   These are the only ones that can attend the seminar without their visa.

 

IMG_6043.jpeg.f00e0714733e6533148a7bb56d286460.jpeg

 

 

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You have a domestic violence criminal record and lied on DS 160 forms.  Both will be viewed negatively by the IO in your interview, so be ready with documents to disclose and explain everything and be prepared for scrutiny and a possible denial.  Did you disclose your criminal arrests on the I-129F when your petitioner filed the form??  If not, that will be three big problems to address in the interview.  All three will be discovered when a background check is done on you.

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5 hours ago, carmel34 said:

You have a domestic violence criminal record and lied on DS 160 forms.  Both will be viewed negatively by the IO in your interview, so be ready with documents to disclose and explain everything and be prepared for scrutiny and a possible denial.  Did you disclose your criminal arrests on the I-129F when your petitioner filed the form??  If not, that will be three big problems to address in the interview.  All three will be discovered when a background check is done on you.

Thanks for your info and I did disclose it in the I-129F:)

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2 hours ago, Paul & Marina said:

Your the beneficiary applying for a K1 visa. I didn't know a beneficiary could apply for a K1.

The USC doesnt apply for the visa, the beneficiary does.

Although in my case I get the paperwork delegated to me by the boss but still.

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Are you sure it was dismissed? Not all states permit assault or DV cases to be mitigated down with anger management classes. Which state did this happen in? You may find that you actually have a conviction but your penalty was reduced substantially because of the classes. 


 

 

 

 

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15 hours ago, Nitas_man said:

The USC doesnt apply for the visa, the beneficiary does.

Although in my case I get the paperwork delegated to me by the boss but still.

I just googled " who files the k1 visa application "

 

US State Dept

"The First Step: Filingthe Petition. You, the U.S. citizen sponsor, must file Form I-129F, Petition for Alien Fiancé(e), with the USCIS office that serves the area where you live."

 

USCIS

 If you plan to marry a foreign national outside the United S. ... in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé(e). This is the first step to obtaining a K-1nonimmigrant visa for your fiancé(e).

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On 1/19/2019 at 2:47 PM, Paul & Marina said:

I just googled " who files the k1 visa application "

 

US State Dept

"The First Step: Filingthe Petition. You, the U.S. citizen sponsor, must file Form I-129F, Petition for Alien Fiancé(e), with the USCIS office that serves the area where you live."

 

USCIS

 If you plan to marry a foreign national outside the United S. ... in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé(e). This is the first step to obtaining a K-1nonimmigrant visa for your fiancé(e).

A petition is not a visa application nor is a visa application a “first step”.  

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