I-130 and NVC

[bmc100 0]

Hi All,

 

We got married in March when my wife came to the US for a visit. We were not planning on getting married at that time. We were engaged. We decided to make the visa process a little easier to get married. We filed an I-130 in April once my wife was back in Brazil. I have not seen her since she left due to the COVID travel restrictions and the lack of vacation time at work. I am heading down there in just under 2 weeks. She is awesome and I love her to no ends.

 

I was married before. My ex-wife had a lot of issues. She tried as hard as she could to control me by any means necessary. Once I filed for divorce, my ex-wife started with making constant threats to get me kicked out of the house. We were a couple months before the divorce was complete and she called the police making false allegations against me. The police came to the house. I had video of the entire situation showing I did not threaten her or touch her and that she was the aggressor. Yet, I am the one that got arrested. The city prosecutor filed an assault charge against me. The charges were dismissed. The police detective assigned to the case told me after the charges were dropped that they knew she was lying and they never investigated her claims. I told my wife all about this and my prior marriage. The attorney I hired to fight this was perplexed, he has never seen the police tell his witnesses to not come to court and ignore the subpoena. The city prosecutor was forced not to dismiss the charges immediately based on policies within the county.

 

I read about the Adam Walsh acts. Everything evolves around convictions for violent offenses or acts with children. Could this slow down our application?

 

Thank you!

[Lucky2Lucky 2,526]

1 hour ago, bmc100 said:

Hi All,

 

We got married in March when my wife came to the US for a visit. We were not planning on getting married at that time. We were engaged. We decided to make the visa process a little easier to get married. We filed an I-130 in April once my wife was back in Brazil. I have not seen her since she left due to the COVID travel restrictions and the lack of vacation time at work. I am heading down there in just under 2 weeks. She is awesome and I love her to no ends.

 

I was married before. My ex-wife had a lot of issues. She tried as hard as she could to control me by any means necessary. Once I filed for divorce, my ex-wife started with making constant threats to get me kicked out of the house. We were a couple months before the divorce was complete and she called the police making false allegations against me. The police came to the house. I had video of the entire situation showing I did not threaten her or touch her and that she was the aggressor. Yet, I am the one that got arrested. The city prosecutor filed an assault charge against me. The charges were dismissed. The police detective assigned to the case told me after the charges were dropped that they knew she was lying and they never investigated her claims. I told my wife all about this and my prior marriage. The attorney I hired to fight this was perplexed, he has never seen the police tell his witnesses to not come to court and ignore the subpoena. The city prosecutor was forced not to dismiss the charges immediately based on policies within the county.

 

I read about the Adam Walsh acts. Everything evolves around convictions for violent offenses or acts with children. Could this slow down our application?

 

Thank you!

No where above did I read there was a child involved. So, did you plead guilty to kidnapping or doing something sexual with a child? If not, the Adam Walsh Act doesn’t apply to you.

[bmc100 0]

Luckycuds,

 

I am not concerned with the Adam Walsh Act. I should rephrase the question:

 

Will he arrest slow down the application process at USCIS, the NVC or at the Consulate?

[SalishSea 17,916]

Just now, bmc100 said:

Luckycuds,

 

I am not concerned with the Adam Walsh Act. I should rephrase the question:

 

Will he arrest slow down the application process at USCIS, the NVC or at the Consulate?

It could, yes.

[carmel34 3,639]

20 hours ago, bmc100 said:

Luckycuds,

 

I am not concerned with the Adam Walsh Act. I should rephrase the question:

 

Will he arrest slow down the application process at USCIS, the NVC or at the Consulate?

If the arrest did not fall under AWA, you will be fine.  For a spousal visa, it is the beneficiary's criminal record that has to be 100% clean.  So if that is the case, you're good.  COVID-19 and USCIS's financial problems are likely to slow down your process more than your one arrest.  They may ask about your background and arrest at the visa interview in Rio, but based on personal experience, the Rio Consulate is a normal one, fair and smooth for most people, if you have all your documents and are honest in everything.  They could ask the beneficiary about your arrest for domestic violence, so make sure you tell her all the details and have her take the arrest and related documentation just in case they ask for it.  Good luck!