I have been arrested for Dating Violence

[Rob Beri 68]

I am considering applying for a fiance visa or a spouse visa for my girlfriend who lives overseas.

 

However, I have a concern due to a prior arrest. I was arrested, a little over a year ago, for what would fall into the category of dating violence. I was charged with criminal mischief in the fourth degree and for harassment in the second degree.  I received and ACD (Adjournment in Contemplation of Dismissal). My record has been sealed since the accident. Apart from my arrest, I am an upstanding citizen. I am college educated, and have a steady work history.

 

Is it likely my that my case will be denied because of my arrest? I understand IMBRA, and its intend to protect immigrants, but if the Fiance visa is not a viable option should I apply for a CR1 visa instead?  Please, advise. 

 

 

 

 

 

 

 

[SalishSea 16,884]

1 hour ago, Rob Beri said:

My record has been sealed since the accident.

How is dating violence an "accident?"

[Rob Beri 68]

2 minutes ago, Jorgedig said:

How is dating violence an "accident?"

If you cannot reply to what is relevant to the discussion do not reply at all. 

[SalishSea 16,884]

Just now, Rob Beri said:

If you cannot reply to what is relevant to the discussion do not reply at all. 

How is that not relevant?  And since you're new here, you may want to review the TOS for VisaJourney.

[Juli. 18]

Hi Rob, she is the beneficiary, high? 

 

So your criminal records is not a problem, that I know.

 

They will not ask for your criminal records, just her.

 

It's important to her know about it. 

 

Good luck

Edited November 24, 2019 by Juli.

[SalishSea 16,884]

1 minute ago, Juli. said:

Hi Rob, she is the beneficiary, high? 

 

So your criminal records is not a problem, that I know.

 

They will not ask for your criminal records, just her.

 

Good luck

This is incorrect for the K-1.  Petitioner is required to provide criminal records.

[Juli. 18]

Just now, Jorgedig said:

This is incorrect for the K-1.  Petitioner is required to provide criminal records.

Ok. I forgot to put CR1, who was my case. 

[Rob Beri 68]

1 minute ago, Juli. said:

Hi Rob, she is the beneficiary, high? 

 

So your criminal records is not a problem, that I know.

 

They will not ask for your criminal records, just her.

 

Good luck

There is a section on the fiance visa application that specifically asks if you,, the petitioner, have been ever arrested.

[Juli. 18]

Just now, Rob Beri said:

There is a section on the fiance visa application that specifically asks if you,, the petitioner, have been ever arrested.

Yes. Like @Jorgedig says.

 

I did the CR1 Visa and they never asked such thing to my husband 

[Rob Beri 68]

1 minute ago, Juli. said:

Yes. Like @Jorgedig says.

 

I did the CR1 Visa and they never asked such thing to my husband 

I believe even on the CR1 visa application, such information is required to be disclosed on the DS-260 form during one of the steps. 

[Juli. 18]

1 minute ago, Rob Beri said:

I believe even on the CR1 visa application, such information is required to be disclosed on the DS-260 form during one of the steps. 

No. Just about my records (beneficiary)

[Rob Beri 68]

10 minutes ago, Jorgedig said:

How is that not relevant?  And since you're new here, you may want to review the TOS for VisaJourney.

The only relevant fact to the discussion is that I was arrested under what would fall into the category of dating violence. I was never convicted. My records has been sealed since then. 

[geowrian 22,336]

If it was known to be irrelevant, I'm not sure why it was said.

 

It must be disclosed with the I-129F. This includes even if it was sealed, expunged, etc. This is a reporting requirement so the beneficiary is aware...I doubt it would impact the petition or even be a significant factor for the K-1. It is advised that the beneficiary know the details just in case they are asked about it at the interview.

[Duke & Marie 1,389]

1 hour ago, Rob Beri said:

I believe even on the CR1 visa application, such information is required to be disclosed on the DS-260 form during one of the steps. 

Do 260 didn’t ask for my husbands history... just mine the CR1 beneficiary... 

 

i assume you fiancée knows of this arrest? I would highly recommend you tell her if not... who knows what kind of questions they ask at the interview.. whilst you as the petitioner May or may not be require to disclose such information while applying, it goes without say that it’s highly possible your background be checked too... would hate for fiancée to be blindsided at interview, would only go bad if that’s the case.

[TBoneTX 43,419]

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