AnYmous

My fiancee and I got into a incident earlier this year. She was here in the US and now is back in her country. She had to leave because her visa had expired.

I am sending the package out today for our k1 visa, her charges were for third-degree assault, third-degree criminal mischief, second-degree breach of peace. They were all 'nolled', from the lawyers terms he said, 'A nolle represents the prosecutor's unilateral decision to terminate your prosecution and does not constitute a conviction.'

Looking for advice/guidance on our situation, everyoen makes mistakes and I appreciate any feedback the community might have.

Would she not get a visa to come back because of this? Even though it is not a conviction or a felony? Anyone been through this before?

Hey guys what do I put all these documents in? a Folder? Will the Post Office take care of it?

Are there specific requirments?

There still was an arrest --- see if you can get the record expunged. AND familiarize yourself with the definition and classifications of "crimes of moral turpitude" --- if the charges fall within said classes, there might be a problem and you need to be prepared. Google is your friend.

Well I am thinking if they thought she was such a risk to the public, they would have deported her and made her leave. She went out of the country during her legal process and they let her back in (vacation), so I am thinking the charges wouldn't constitute any problems. None the less, I was looking for some sort of re-assurance.

If they approve my petition then they have already reviewed her information correct?

She will not need to obtain a police certificate from the US - USCIS/DOS will run the necessary computer checks. Am not sure what you mean by 'nolled' however. It may be a good idea to look into whether or not you can get the arrest record expunged though.

Hey guys thank you for your responses!

Her lawyer refered to the case as nolle meaning:

Nolle prosequi (pronounced /ˈnɒli ˈprɒsəkwaɪ/;[1] Latin: [ˈnolːe ˈproːsekwiː]) is a Latin legal phrase meaning "not to pursue." It is the term used in many common law criminal jurisdictions to describe a prosecutor's application to discontinue criminal charges before trial, or up until, but before verdict.[2]

Hi All!

I am mailing out my k-1 visa application today I have a couple of questions for the veterans out there:

My finacee and I met here in the USA while she stayed here while she was here through her au pair program. We recently got engaged and we are going through this process.

- In March, my fiancee and I got into a minor dispute and she was arrested, it was a misunderstanding and her entire case was nolled. She was not kicked out of her au pair program nor diciplined. We went through family services and what was an immature spat was sorted out and all is forgotten (everyone makes mistakes).

When her section of the petition reaches her in her country will she have to get a police certificate of her stay in the U.S.A? If so, will her nolled charge hurt us? How long will it take to get her certificate if so if she is in South America?

We are both worried and everyday sucks without her. I don't want one misunderstanding effect our lives together. Like I said her charges were nolled, I only hope this doesn't delay our process please help.