I have been arrested for Dating Violence

[Cathi 5,849]

7 hours ago, Rob Beri said:

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. 

 

 

 

 

 

 

 

Not really sure what the relevance of being college educated has to do with any of this. If you think you'll be looked upon more kindly because of it, you won't.

 

[Sarge2155 4,592]

7 hours ago, Jorgedig said:

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

Not only that I'm  sure it will be a HUGE red flag which will require additional background checks K1 or spousal either one it will come up.

[Sarge2155 4,592]

7 hours ago, Juli. said:

Yes. Like @Jorgedig says.

 

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

Just because your husband was not asked does not mean the OP won't  have any problems!

[Sarge2155 4,592]

7 hours ago, Rob Beri said:

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. 

You will learn early on here that dealing with USCIS the word "SEALED" means little. Many people have been denied due to "SEALED" records.

[Sarge2155 4,592]

1 hour ago, Cathi said:

Not really sure what the relevance of being college educated has to do with any of this. If you think you'll be looked upon more kindly because of it, you won't.

 

I was thinking the same thing!

[JeanneAdil 7,083]

I would suggest you pay and get a copy of your own criminal report

you may be surprised at what is there

you think USCIS needs you to provide a criminal report / they have computers and access to all your info from SS # to address to travel history

 

and the question is clear on the I  129

Part 3 question 2a

Have your ever been arrested or convicted of any of the following?

    Domestic violence, sexual assault, child neglect, dating violence, elder abuse, stalking or an attempt to commit any of these

 

 

NOTICE the words dating violence is in there

[NikLR 13,234]

Yes, you have to put it on there.  Yes, your fiancee and/or future spouse should know about it.  No, you dont have to disclose it on the I-130 however they do a background check on you anyhow.  So skirting the I-129F just to avoid this isn't a good idea. 

[Rob Beri 68]

13 minutes ago, NikLR said:

Yes, you have to put it on there.  Yes, your fiancee and/or future spouse should know about it.  No, you dont have to disclose it on the I-130 however they do a background check on you anyhow.  So skirting the I-129F just to avoid this isn't a good idea. 

My fiance is aware of my background and she has full disclosure. However, my concern is if my arrest has any weight on the application, or is just a mere reporting requirement and that my fiance should be already aware of it?  

[Rob Beri 68]

1 hour ago, Sarge2155 said:

Just because your husband was not asked does not mean the OP won't  have any problems!

What's an OP? 

[NikLR 13,234]

1 minute ago, Rob Beri said:

My fiance is aware of my background and she has full disclosure. However, my concern is if my arrest has any weight on the application, or is just a mere reporting requirement and that my fiance should be already aware of it?  

It's reporting. 

For the I-129F, they deny for AWA, lack of meeting and using a marriage broker. 

1 minute ago, Rob Beri said:

What's an OP? 

Original poster. 

[Rob Beri 68]

2 hours ago, Cathi said:

Not really sure what the relevance of being college educated has to do with any of this. If you think you'll be looked upon more kindly because of it, you won't.

 

Uhm, you did not really answer anything. 

[NikLR 13,234]

Just a note,

fiancé is male

fiancée is female. 

 

[Rob Beri 68]

7 hours ago, geowrian said:

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.

My fiance is fully disclosed of the fact that I was arrested. So it would not really affect my application as long as long as I disclose it on the application and that my finance is aware of it as well? 

[Rob Beri 68]

5 minutes ago, NikLR said:

It's reporting. 

For the I-129F, they deny for AWA, lack of meeting and using a marriage broker. 

Original poster. 

What does AWA stand for? 

[Going through 5,674]

8 minutes ago, Rob Beri said:

What does AWA stand for? 

Adam Walsh Act----certain sex crimes, certain other crimes involving children.

Edited November 24, 2019 by Going through