I have been arrested for Dating Violence

[Going through 5,668]

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.

 

 

10 minutes ago, Rob Beri said:

Uhm, you did not really answer anything. 

 

I think some were just confused as to why you brought up being college educated in the first place, because your education makes no difference.

[debbiedoo 2,339]

as mentioned, for the K1, you absolutely DO have to provide your criminal history and court records or a statement from the court stating the disposition/ that it was sealed/ whatever the case may be. They WILL question your fiancee about it.

 

for a cr 1 you do not provide the info on the petition but it may be on the 260. Since we did not have to fill that form, I am not certain. Look at it to see.

 

At our AOS interview, we DID discuss my husbands background (DUI and a 20 year old assault charge from a bar fight in his early 20s which was later expunged). Not a big deal. We revealed everything from step 1. My background (also stupid stuff from my 20s) was not ever mentioned since for how we filed, it was never asked for (he adjusted from VWP). He was most certainly aware of it though and would have been able to answer questions regarding it had he ever needed to.

 

The fact your charge is much more recent, means it will likely definitely come up. Since you say there was no conviction, it may not be an issue, but im not positive. The fact it was recent gives cause for concern. In my husbands case, it was over 20 years ago and aside from a DUI about 5 years ago, had nothing else on his record at all.

[JeanneAdil 6,222]

Not only do you have to answer the question with a yes,  you will need to provide documents with the dispostion  of the case

 

and to answer your original post

we can not say what the CO (interviewing officer at the embassy ) will do 

we are not privy to your case of dating violence

we are not familiar with any other circumstances that can lead to approval or denial at your embassy

 

but so much of this depends on country,  embassy,  age differences,  religious differences,  income,  # of visit and time spent together

a visa is not guaranteed even if criminal report is clean

 

you need to read the portal from the country you will deal with and see the UPS and DOWNS for that embassy

[Sunflowerrrin<3 47]

Wow- There was a lot of back & forth for what seemed like a simple question.

 

To answer your question, yes you HAVE to disclose that you were arrested & charged with this crime.  Include a certified criminal docket entry with your filing so CIS can see the disposition of the case.  The only thing that may be an issue, is the fact it was "recent".  

 

For my case, I was charged with DV A&B and it was dismissed; in 2014.  The I-129F was approved in 3 months time with NO RFE and my fiancee had his interview on Friday and was approved.  My charge did not come up at his interview; even though he was fully aware of it.  I'm not sure the embassy your fiancee may use when he/she reaches that stage, if the DV charge will be brought up.  I hope this helps. 

Edited November 24, 2019 by Sunflowerrrin<3

[Marriednow 4]

10 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. 

Just to let you know, even if your records are sealed and/or expunged, they are available to USCIS.

[JFH 12,189]

I would get a copy of the case records from the court and give them to your fiancée so that she can not only read them for herself (she needs to know the full facts, not just your version of events) but take them with her to the embassy interview to show that she is fully aware. 

 

Which embassy are are we talking about? My husband’s criminal record was discussed at my interview. Even if your record played no part in this process, the woman who is planning to marry you and spend the rest of her life with you has a right to know. You have a moral obligation to her, not just a procedural obligation to USCIS.  

[Hank_ 9,173]

13 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. 

 

 

 

 

 

 

 

 

Based on everything you read, does the CR-1 look like the better option?    

[Shemp 6]

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

 

It is relevant. And if criminal records ARE a factor I believe immigration will be more comfortable with petitioners who are more forthcoming.  

[Rob Beri 68]

56 minutes ago, JFH said:

I would get a copy of the case records from the court and give them to your fiancée so that she can not only read them for herself (she needs to know the full facts, not just your version of events) but take them with her to the embassy interview to show that she is fully aware. 

 

Which embassy are are we talking about? My husband’s criminal record was discussed at my interview. Even if your record played no part in this process, the woman who is planning to marry you and spend the rest of her life with you has a right to know. You have a moral obligation to her, not just a procedural obligation to USCIS.  

My fiancee has full disclosure about the events. I will obtain a court disposition and a police certificate to include in my application, if I choose to go with the I-129F application. I am not sure if this will include all of the information, however.

 

Therefore, if I am truly honest to my fiancee and during the application should I have anything to worry about? In your instance, what effect did your husbands arrest have on the application?

Edited November 24, 2019 by Rob Beri

[Rob Beri 68]

43 minutes ago, Hank_ said:

 

Based on everything you read, does the CR-1 look like the better option?    

Well, from what I gathered I should not stray away from applying for a I-129F fiance visa application. By from what I gathered my arrest is a reporting requirement rather than a ground for inadmissibility. As said, I already disclosed my arrest to my fiancee. In retrospect, I will disclose my arrest on my  application, along with a court disposition form and a police certificate. By the sounds of it I should be fine, as long as everything else is in order. What is your take?

 

 

 

 

 

Edited November 24, 2019 by Rob Beri

[Illiria 980]

10 minutes ago, Rob Beri said:

By the sounds of it I should be fine, as long as everything else is in order.

Is she from the Philippines? If so their government requires her to go through a sort of exit interview before she can be given permission to leave.

[Rob Beri 68]

2 minutes ago, Illiria said:

Is she from the Philippines? If so their government requires her to go through a sort of exit interview before she can be given permission to leave.

Well, thanks for the input, but this does not answer any of my concerns. To answer your question, no she is not from that part of the world. My fiancee is from Europe.

Edited November 24, 2019 by Rob Beri

[JFH 12,189]

12 minutes ago, Rob Beri said:

Well, from what I gathered I should not stray away from applying for a I-129F fiance visa application. By from what I gathered my arrest is a reporting requirement rather than a ground for inadmissibility. As said, I already disclosed my arrest to my fiancee. In retrospect, I will disclose my arrest on my  application, along with a court disposition form and a police certificate. By the sounds of it I should be fine, as long as everything else is in order. What is your take?

 

 

 

 

 

This is a lifelong decision. Think beyond the visa process. By going down the K-1 route you are subjecting your soon-to-be wife to around 6-8 months of unemployment, with no option to travel overseas during that time either, and being totally dependent on you for everything. Will she be happy with that? 

 

Immigration doesn't stop with a visa. For the K-1 you then have a costly and lengthy adjustment of status process to go through - on one income, by the way. Followed by another costly and even more lengthy removal of conditions process. 

[Rob Beri 68]

Just now, JFH said:

This is a lifelong decision. Think beyond the visa process. By going down the K-1 route you are subjecting your soon-to-be wife to around 6-8 months of unemployment, with no option to travel overseas during that time either, and being totally dependent on you for everything. Will she be happy with that? 

 

Immigration doesn't stop with a visa. For the K-1 you then have a costly and lengthy adjustment of status process to go through - on one income, by the way. Followed by another costly and even more lengthy removal of conditions process. 

Money will never by the problem in my case. Also, yes, she is totally comfortable being depended on me for a certain time. We both are aware of the facts. Our only concern is to get a visa to unite us fast as possible,but also safe by avoiding from being denied due to my original concern in the post. 

[JFH 12,189]

41 minutes ago, Rob Beri said:

Money will never by the problem in my case. Also, yes, she is totally comfortable being depended on me for a certain time. We both are aware of the facts. Our only concern is to get a visa to unite us fast as possible,but also safe by avoiding from being denied due to my original concern in the post. 

Likely your process will be slower as the petition may be sent to Vermont for additional research into your past.

 

How fast would it be for you to move to her country, whichever one that may be? If speed is your major concern, then it’s worth looking at all options.