Does harrassment count as domestic violence?

[Melian 0]

My ex-husband had me arrested for harrassment nine or ten years ago (I did the same with him earlier, and had an order of protection against him when I left him three years ago - he was abusive.) Now I'm filing the I-129F for my fiancé - do I need to check the "convicted of domestic violence" box? I never actually hurt my ex-husband. If I have to check the box, do I have any chance whatsoever of getting the visa? What else do I need to include with the I-129F packet in that case?

[KimandRuss 0]

You'll want to check with the folks familiar with IMBRA.

I'll move the post

(mbk)

[Otto 83]

My ex-husband had me arrested for harrassment nine or ten years ago (I did the same with him earlier, and had an order of protection against him when I left him three years ago - he was abusive.) Now I'm filing the I-129F for my fiancé - do I need to check the "convicted of domestic violence" box? I never actually hurt my ex-husband. If I have to check the box, do I have any chance whatsoever of getting the visa? What else do I need to include with the I-129F packet in that case?

Without getting too personal - when you say arrested..were you convicted also? If so what was the charge?

[Melian 0]

I'm confused. Doesn't IMBRA apply to people who met through marriage brokers? We didn't.

EDIT: To Karin und Otto - 2nd degree harassment, and I decided to plead guilty, so I suppose that means I was convicted.

Edited September 18, 2008 by Melian

[YuAndDan 153]

I'm confused. Doesn't IMBRA apply to people who met through marriage brokers? We didn't.

EDIT: To Karin und Otto - it was harrassment, and I decided to plead guilty, so I suppose that means I was convicted.

IMBRA goes beyond just marriage brokers, it also prevents multiple filing of I-129F over a 10 year period, and has a section that is to provide disclosure of domestic violence to the prospective immigrant.

Criminal Background Information Disclosed to Foreign Fiancé(e) or Spouse. IMBRA requires U.S. citizens petitioning to sponsor K visas to disclose convictions for a list of violent crimes on the “I-129F†petition form that they file with DHS, including convictions for domestic violence and assault & battery, as well as convictions for elder abuse, child abuse or neglect, and stalking; and multiple (three or more) convictions for offenses related to alcohol/controlled substances. DHS must provide to DOS a copy of the petitioner’s I-129F petition form, together with any criminal background information (including information on protection orders) that DHS has gathered on the petitioner under existing authority. DOS must provide these materials to the foreign fiancé(e) or spouse. The U.S. consular officer conducting the K visa interview overseas must inform the foreign fiancé(e) or spouse that this information may not be complete, and ask her (1) whether an IMB facilitated her relationship with the petitioner and if so, which one and (2) whether the IMB complied with IMBRA by providing her with the required disclosures and information. (Sections 832(a), 833(a)(5), and 833(b )(1))

http://en.wikipedia.org/wiki/International..._Regulation_Act

Form I-129F directions:

7. What Documents Do You Need to Comply With the International Marriage Broker Regulation Act?

A. If you have ever been convicted of any of the following crimes, submit certified copies of all court and police records showing the charges and dispositions for every such conviction. This is required even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record.

1. Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.

The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.

2. Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes.

3. Crimes relating to a controlled substance or alcohol on three or more occasions, and such crimes did not arise from a single act.

NOTE: If your petition is approved, a copy of your petition, including the information you submit regarding your criminal convictions, will be provided to the Department of State for dissemination to the beneficiary of your petition pursuant to section 833(a)(5)(A)(ii) of IMBRA. In addition, pursuant to section 833(a)(5)(A)(iii) of IMBRA, any criminal background information pertaining to you that USCIS may discover independently in adjudicating this petition will also be provided to the Department of State for disclosure to the beneficiary of your petition. You should also note that under section 833(c ) of IMBRA, the name and contact information of any person who was granted a protection or restraining order against you, or of any victim of a crime of violence perpetrated by the petitioner, will remain confidential but that the relationship of the petitioner of such person or victim (i.e., spouse, child, etc.) will be disclosed.

http://www.uscis.gov/files/form/I-129Finstr.pdf

So If you provide what is required, and it is approved the record will be disclosed to the prospective immigrant is all, from what you indicate this will not prevent approval.

Edited September 18, 2008 by YuAndDan

[My Name Is Nobody 3]

My opinion

If it was me. I would check the "no" box.

If you read the questions and answer them truthfully. This would generate a NO answer.

Harrasment is not DV.

When I see this question on the I-129f. I always ask myself if they actually do background checks. If they do these arrests show up. Let them be the judge if it is violence or not.

This law blows!

Edited September 18, 2008 by cyclops10

[pushbrk 13,011]

I'm confused. Doesn't IMBRA apply to people who met through marriage brokers? We didn't.

EDIT: To Karin und Otto - 2nd degree harassment, and I decided to plead guilty, so I suppose that means I was convicted.

Harassment is not violence. I would simply answer no on the I-129F. If you are more comfortable answering yes, then provide the court records as required. IMBRA is about informing foreign fiance(e) not denying petitions.

[justashooter 430]

harrasment is a summary offense in pennsylvania, and is heard by a district justice. summary offenses may be punishable by up to 90 days in jail or 500$. misdemeanors are heard by a county court judge, and may be punishable by up to a year, and in some cases more, plus higher fines. there will be a difference in the categories in your state as well, probably. see your local district court to find out for sure. they will answer your question for free, especially if you have the original summons or conviction record copy you were given.

harrasment in penna reads "did push, kick, shove, or unreasonably annoy and or alarm". it's a standard charge in nasty divorces that gets thrown around like rice at a wedding. my ex-wife policeperson and her BF policeperson filed 11 harrasment or trespassing charges in 9 months against me and his ex after both of us were granted provisional physical custody of our kids upon seperation.

their joint false swearing and testimony resulted in my conviction for harrasment and trespassing, but angered 4 district justices to serious words for the arresting officer about inter-departmental relations and the need to level joint charges in future instances. my reluctance to allow the only other witnesses to the alleged incidents, my children, to testify, probably played a part in the decisions. i eventually finally filed a motion for a restraining order against them with the county president judge, alleging abuse of process.

my atty told hers it was just a de-novo action related to the divorce, and had the blue paper delivered to his office an hour before the hearing. neither of them showed, and the order was granted. talk about an ambush. the next week, at a hearing the ex had earlier called for requesting a reduction of child support she wasn't paying, i appeared in the same suit and tie before the same judge.

he took one look at me and without a word to the petitioners said he didn't think the support was high enough. he asked me if i wanted to have it doubled. i replied that the state statute formula was thought to be just by the lawmakers who had enacted it, and that it was good enough for me. the ex and her BF both lost their jobs within the week, and had to take jobs at smaller departments, with worse hours and less pay.

she eventually split from the jerk and hit rock bottom. i picked her up out of the dirt, and made sure she was safe. a dead mother isn't something any man wantes to explain to the children he shares with her. she has since regained her dignity, and is getting re-married to a decent guy in the spring. third time is the charm, they say.