how to answer criminal questions on K1

[Mike Kohan 0]

I am a petitioner. I had a temp restraining order taken against me by my ex wife 5 years ago so I have to say yes to question number 1.  The problem I am having is to answer about an arrest.  There was a confusion when restraining order was served to me by the police, who told me that I can get my clothes from the house as she is not there, when I went to get my clothes, my neighbor, my ex wife's friend called the police, and another officer came and  arrested me saying that I have violated the court order.  Later on, police let me go and both cases were dismissed by the judge as well.  Questions 2 a.b and c my answer is "no" as it does not apply to me . For question 4a I will say yes and explain it there, but do I need to provide court certified documents etc is my question as it is not a ask I think for it? Would appreciate any insight in this matter. 

[Cyberfx1024 7,978]

2 minutes ago, Mike Kohan said:

I am a petitioner. I had a temp restraining order taken against me by my ex wife 5 years ago so I have to say yes to question number 1.  The problem I am having is to answer about an arrest.  There was a confusion when restraining order was served to me by the police, who told me that I can get my clothes from the house as she is not there, when I went to get my clothes, my neighbor, my ex wife's friend called the police, and another officer came and  arrested me saying that I have violated the court order.  Later on, police let me go and both cases were dismissed by the judge as well.  Questions 2 a.b and c my answer is "no" as it does not apply to me . For question 4a I will say yes and explain it there, but do I need to provide court certified documents etc is my question as it is not a ask I think for it? Would appreciate any insight in this matter. 

Yes, you will need to provide a certified copy from the court showing the disposition of the court on wither it was dismissed or led to a conviction. Just answer truthfully about what happens and you will be fine. 

[Mike Kohan 0]

thank you, was not sure whether I need to as it does not seem to be an ask for q4, but will get one and to include with my documentation

[MeghanK 625]

2 minutes ago, Mike Kohan said:

thank you, was not sure whether I need to as it does not seem to be an ask for q4, but will get one and to include with my documentation

If I remember correctly this is where those questions get confusing bcuz it only mentions court records in the separate instructions doc. Triple check the i129f instructions as I'm pretty sure it specifies there. I'll second the advice to definitely include all court records, also arrest records if you can get them. Happy filing! 

[Mike Kohan 0]

Part 3.  Other Information Item Numbers 1. - 3.c.  Criminal Information.  Indicate whether you have ever been the subject of a temporary or permanent protection order or restraining order (either civil or criminal) related to any of the crimes specified below, or arrested, or convicted of any of the crimes specified below.  If you were ever arrested or convicted of any of the specified crimes, you must submit certified copies of all court and police records showing the charges and disposition for every arrest or conviction.  You must do so even if your records were sealed, expunged, or otherwise cleared, and regardless of whether anyone, including a judge, law enforcement officer, or attorney, informed you that you no longer have a criminal record. 1. Specified Crimes A. Convictions for domestic violence, sexual assault, child abuse or child neglect, dating violence, elder abuse, and stalking or an attempt to commit any such crime: NOTE:  The term “domestic violence” includes felony or misdemeanor crime of violence committed by a person. (1) Who is a current or former spouse of the victim; (2) With whom the victim shares a child in common; (3) Who is cohabitating with or has cohabitated with the victim; (4) Who is similarly situated to a spouse of the victim under the domestic or family violence laws of the relevant jurisdiction; or (5) Against whom the victim is protected under the jurisdiction’s domestic or family violence laws. B. Convictions for 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. C. At least three convictions for crimes relating to a controlled substance or alcohol not arising from a single act.

 

so mine was a temp restraining order that was lifted after 2 weeks and I did not commit any crimes that they have listed... arrest was subject to violation of the court order and that would fall under 4a (I Think) but it seems like it is better to provide more information upfront rather delay your processing time.  
 

[ourjourney_pc 118]

1 hour ago, Mike Kohan said:

I am a petitioner. I had a temp restraining order taken against me by my ex wife 5 years ago so I have to say yes to question number 1.  The problem I am having is to answer about an arrest.  There was a confusion when restraining order was served to me by the police, who told me that I can get my clothes from the house as she is not there, when I went to get my clothes, my neighbor, my ex wife's friend called the police, and another officer came and  arrested me saying that I have violated the court order.  Later on, police let me go and both cases were dismissed by the judge as well. 

 

"Part 3. Other Information Item Numbers 1. - 3.c. Criminal Information. Indicate whether you have ever been the subject of a temporary or permanent protection order or restraining order (either civil or criminal) related to any of the crimes specified below, or arrested, or convicted of any of the crimes specified below. If you were ever arrested or convicted of any of the specified crimes, you must submit certified copies of all court and police records showing the charges and disposition for every arrest or conviction. You must do so even if your records were sealed, expunged, or otherwise cleared, and regardless of whether anyone, including a judge, law enforcement officer, or attorney, informed you that you no longer have a criminal record. "

https://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

 

so imo, you should answer YES, since you were still arrested afterwards and furnished all documents related to it

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Questions 2 a.b and c my answer is "no" as it does not apply to me . For question 4a I will say yes and explain it there, but do I need to provide court certified documents etc is my question as it is not a ask I think for it? Would appreciate any insight in this matter. 

yes you need to provide all court certified docs.

Edited January 22, 2019 by ourjourney_pc

[Mike Kohan 0]

thank you will send them both police and court disposition.